The Archive
Reference Library
The founding document as written, a plain overview of the seven Articles, and a glossary of archaic and legal terms.
Judicial Power & Separation of Powers
Trump v. United States
Decided: 2024
Held that former presidents have substantial immunity from criminal prosecution for official acts taken in office.
Responding to the federal indictment of Donald Trump for actions surrounding January 6, 2021, the Court held for the first time that a former president enjoys absolute immunity from criminal prosecution for actions within his 'core' constitutional authority, at least presumptive immunity for other official acts, and no immunity for unofficial conduct. Chief Justice Roberts's majority reasoned that the threat of prosecution would chill vigorous execution of the office. Justice Sotomayor's dissent warned the ruling makes the President 'a king above the law.' The decision reshapes accountability for executive misconduct and its full contours will be litigated for years.