The Supremacy Clause, Article VI, Clause 2 of the Constitution, provides, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Cornell Law School’s Legal Information Institute explained that the Supremacy Clause “establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government’s exercise of its constitutional powers.” Levin’s argument is that this clause means a state court would not be able to do what a federal court could not in relation to preventing the president from performing his job under the Constitution. In other words, a state cannot trump the federal government in this matter. Georgia could not force a President Trump to try to govern from a state jail. The remedy provided by the Constitution for a president who is believed to have engaged in criminal wrongdoing is for Congress to impeach him or her. Levin makes a compelling case. We’ll see what the future holds as the U.S. continues to navigate uncharted constitutional waters. This article appeared originally on The Western Journal.
President Trump can, in fact, pardon himself from the GA charges if he is elected president.1. The Constitution’s silent about whether a president can be indicted. 2. The DOJ has taken the position under both parties that you cannot indict a sitting president because it would… — Mark R. Levin (@marklevinshow) August 15, 2023