A president can be charged with sedition — but it’s extremely rare. The last time a U.S. president was formally accused of sedition was in 1869 when Congress impeached former President Andrew Johnson following his opposition to the first Reconstruction policies and his handling of the New York City draft riots. That’s because it’s not so much an official crime as a catchall for any speech or actions that incite others to hatred or contempt and provoke them to malicious or violent action against someone else. In general, it refers to any speech that intentionally encourages public disorder or criminal behavior as an end result. But does this mean the president is above prosecution? Let’s take a closer look.
Can A President Be Charged With Sedition?
Yes, a president can be charged with sedition. The definition of sedition is the action or the practice of causing disorder or rebellion by a person or group that intentionally leads others to disobey the law or defy public officials. If a president is causing unrest by encouraging people to not follow the law, they can be charged with sedition. A specific example is when President Donald Trump called on his supporters to not obey the orders of judges if they ruled against his policies. This could lead to public unrest and real-life consequences, so he could be charged with sedition.
Why Is It Rare To Charge A President With Sedition?
The President Is Elected by the People
Presidents are elected to office by the people. If a president breaks the law and abuses his power, the people have the ability to end his term early. This is a significant check on a president’s power. Not only can a president be impeached, but he can also be voted out of office during the next election cycle. Additionally, a president faces many other forms of accountability. The press has a large role in keeping the president in check, and the president can also be held accountable by the legislative and judicial branches. This kind of accountability is rare throughout the government. The president may be the only elected official in the federal government who is ultimately responsible to the people. The president also has the power to appoint members of the federal government, which can help to ensure that his administration follows the law and operates under the proper checks and balances.
Presidents Have Limited Terms
Presidents have limited terms in office. If a president attempts to exceed his authority, or if he breaks the law and abuses his power, the Constitution allows Congress to impeach him. But even if Congress doesn’t impeach a president, his term will eventually expire. This is significant because it puts a president’s actions under a microscope. A president must accomplish his goals in a limited amount of time. He must take care to not violate the law and must be careful to not abuse his power. Each president must meet his own goals and stay true to the Constitution. This does not mean that all presidents are perfect or above reproach. Some presidents are criticized for their actions. But it does mean that each president must operate under strict limitations. If a president breaks the law or abuses his power, he will only be in office for a limited amount of time.
Presidents Must Be Responsible for Their Actions
Presidents are held accountable for all of their actions. This is especially true when it comes to foreign relations. Presidents must maintain a level of respect for other nations and must be careful not to violate the law. This means that a president must be meticulous in how he conducts foreign policy. He must be sure that he does not violate international laws and that he does not do anything to jeopardize the security of the United States. The president also has the power to sign executive orders and make other types of administrative decisions. The president must be careful to not violate the law while he is making these decisions. If the president makes a decision that is illegal, he can be held accountable by the courts. The president must also be ready to justify his decisions. Presidents must be prepared to defend their actions. They must be ready to explain their decisions and show that they are lawful and constitutional. Presidents have to be responsible for their actions.
Sitting Presidents Cannot Be Prosecution Targets
If a president commits a crime, the Department of Justice may investigate him and refer charges to the House of Representatives. But at this point, the president becomes immune from prosecution. Presidents are immune from prosecution while in office. This is because the president is the chief executive officer of the United States. This means that the president is responsible for upholding the law and administering the justice system. The Constitution does not allow the president to be put on trial because it would be a distraction from his other duties. This means that the House of Representatives may refer charges against a president, but the Department of Justice cannot actually prosecute the president. The House of Representatives would have to impeach the president, but once a president is impeached, the president can no longer be prosecuted.
The Sedition Act is Rarely Used in General
It is important to note that the Sedition Act is rarely used in general. The Sedition Act is a law that criminalized criticizing the government and the president. It was used extensively during the first few decades of the United States. But it has very rarely been used since President Franklin Roosevelt repealed the Sedition Act in the 1940s. Presidents have not been charged with sedition since the Act was repealed. It is extremely rare for the government to charge a sitting president with sedition. This is partly because there is not much of a precedent for it. It’s also partly because it would be very difficult for prosecutors to prove their case against a sitting president. The government would have to bring the president to trial, get a conviction from a jury, and then get the Supreme Court to uphold the conviction. This is a very steep and difficult path.
How Is Sedition Defined?
- The precise definition of sedition differs by state. But in general, it refers to any speech or action that incites hatred or violence against the government or people in power. Sedition can also include efforts to disrupt or overthrow the government through force or coercion.
- The U.S. Department of Justice states that “certain acts are defined as seditious under federal law.” These include: Advocating the overthrow of the government or the government’s overthrow, Urging the government to inflict harm upon an individual or group, Inciting others to violence or a breach of the peace, or Sowing public discord by convincing people of different races or ethnicities to distrust one another or despise one another.
- A person who incites others to violence or other prohibited activities.A person who willfully and publicly advocates the overthrow of a government by force or violence. A person who knowingly advocates the violent overthrow of an established government by force or violence.
- “The Sedition Act of 1798, which was passed under the second administration of John Adams, made it a crime to publish false, scandalous, and malicious writing against the government or its officers.”
Other Crimes That May Be Applied To A President
- The Constitution’s prohibition against charging a president with sedition does not prevent the government from charging a president with other crimes. Indeed, the most common charges that are applied to a president are related to obstruction of justice, abuse of power, and violations of campaign finance laws.
- Obstruction of justice charges may be applied to a president if he or she engages in conduct that impairs or hinders a government investigation. Such conduct might include destroying or attempting to destroy documents, threatening or attempting to threaten government witnesses, or ordering or directing a government official to take unlawful action.
- Abuse of power charges may be applied to a president if he or she uses governmental power in an arbitrary manner or in a way that is contrary to the Constitution. Such conduct might include directing the Secret Service to violate the law, ordering the Department of Justice to refrain from bringing a particular legal action, or violating an individual’s rights under federal or state law.
- Campaign finance laws are designed to prevent candidates for public office from using their official positions to raise money for their own campaigns. Such laws generally prohibit a candidate from receiving money from another person in return for the promise that the candidate will exercise official power in the future in a particular way.
Bottom Line
The president is immune from sedition charges under Article I, Section 3 of the Constitution, but the Constitution does not prevent the government from bringing charges against a president for other crimes that might be applied to the president. Such charges might include obstruction of justice, abuse of power, or violations of campaign finance laws.
