Is Presidential Immunity in the Constitution?

Question: Could Congress, consistent with the Constitution, enact a statute making it a crime for any person to direct or participate in the use of American military force in the absence of a declaration of war by Congress against the target of that use of force?

Or how about being more direct in targeting the president: Could Congress make it a crime to issue a pardon to a person who has been convicted of conspiring to defraud the United States?

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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Question: Could Congress, consistent with the Constitution, enact a statute making it a crime for any person to direct or participate in the use of American military force in the absence of a declaration of war by Congress against the target of that use of force?

Or how about being more direct in targeting the president: Could Congress make it a crime to issue a pardon to a person who has been convicted of conspiring to defraud the United States?

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.