Eleanor Finch
The claim that the Founding Fathers were felons when they signed the Declaration of Independence is a myth propagated by right-wing social media commentator Benny Johnson, which gained traction in the media. This claim is based on the notion that the Founding Fathers committed treason, a serious crime, by signing the Declaration of Independence. However, this assertion is inaccurate as the Founding Fathers were never arrested, charged, tried, or convicted of any crime. The English legal system could not prosecute them as felons due to the success of the American Revolution. Furthermore, the concept of felony was not well-defined in English law at the time. While it is true that the Founding Fathers were traitors to the British Crown, they were never tried or sentenced as felons, and the comparison of their actions to modern-day felonies is considered strange and inaccurate.
| Characteristics | Values |
|---|---|
| Founding Fathers considered felons | False |
| Founding Fathers arrested or charged with a crime | False |
| Founding Fathers tried and convicted of treason | False |
| Founding Fathers committed felony by rebelling against the Crown | Speculative |
| Impeachment as a remedy for misconduct | True |
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What You'll Learn
- Founding Fathers were never arrested, charged, or judged by a jury
- Founding Fathers committed treason, a serious crime punishable by execution
- Founding Fathers established impeachment to address government misconduct
- Founding Fathers recognised the potential for corruption and subversion of the republic
- Founding Fathers were never tried or sentenced as felons
Founding Fathers were never arrested, charged, or judged by a jury
The idea that the Founding Fathers were felons has been deemed a myth and an absurd claim. This claim gained traction when a right-wing social media commentator, Benny Johnson, stated that Trump was a patriot because, like him, the Founding Fathers were felons when they signed the Declaration of Independence. However, this claim is not supported by the available evidence.
Firstly, it is important to understand the legal context of the time. Felony was not a well-defined crime in English law at the time of the signing of the Declaration of Independence. Nonetheless, signing the Declaration of Independence could be considered treason, which was a very serious crime punishable by execution.
However, the Founding Fathers were never arrested, charged, or judged by a jury of citizens or judges. There was no trial, no conviction, and therefore no felony. The American Revolution was successful, and the British surrender in 1781 prevented the Founding Fathers from being tried as traitors or felons. It is worth noting that had the American Revolution not been successful, the Founding Fathers may have faced different consequences for their actions.
Furthermore, there is no evidence that the Founding Fathers were criminals by any legal standard, past or present. They fought and risked their lives for the right to be judged by an impartial jury, a right that Trump also benefited from. The Founding Fathers recognized the potential for corruption and established the impeachment process as a constitutional remedy for public servants who violate the public trust. This was part of their carefully crafted system of checks and balances and limited government.
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Founding Fathers committed treason, a serious crime punishable by execution
The Founding Fathers of the United States were a group of men who signed the Declaration of Independence, declaring independence from Great Britain and its monarch. This act of rebellion against the Crown was, by definition, treason, a serious crime punishable by execution.
At the time, "felony" was not a well-defined crime in English law, but those convicted of treason were typically considered felons. Had the American Revolution not been successful, the Founding Fathers would likely have been tried and executed as traitors. However, the English legal system could not convict them as felons because the British surrendered in 1781, recognising the United States as a separate nation.
Some commentators have drawn comparisons between the Founding Fathers and former U.S. President Donald Trump, claiming that Trump, like the Founding Fathers, was a patriot and that his actions should be viewed in a similar light. However, this comparison has been criticised as inaccurate and strange, as it equates Trump's personal crimes with the political act of rebellion committed by the Founding Fathers.
It is important to note that treason is a situational act, and its moral and ethical implications depend on the context. The Founding Fathers argued that they were no longer bound by the laws of the British government due to perceived abuses of power. They won the war, establishing a new country, and thus effectively wiped out any crimes they may have committed in the eyes of the British.
In conclusion, while the Founding Fathers did commit treason in the legal sense, their successful rebellion allowed them to escape punishment and shape the laws of the new nation they had created.
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Founding Fathers established impeachment to address government misconduct
The claim that the Founding Fathers were felons is a myth. While it is true that they committed treason, a serious felony, by signing the Declaration of Independence, they were not convicted due to the success of the American Revolution. Had the British won the war, the Founding Fathers would have likely been tried and executed for treason.
The Founding Fathers established impeachment as a process to address government misconduct and abuse of power. They borrowed the model for impeachment from the British Parliament, where it had been used for 400 years to control the king's ministers and address attempts to subvert the state. The Founding Fathers debated the scope of impeachable offenses, with some arguing for a broader category of "other high crimes and misdemeanors" to include attempts to subvert the Constitution. The inclusion of this phrase offers protection against dangerous executive power.
The impeachment process, as outlined in the Constitution, allows for the removal of the "President, Vice President, and all civil Officers of the United States" if found guilty of "Treason, Bribery, or other high Crimes and Misdemeanors." The Founding Fathers intended for the phrase "high crimes and misdemeanors" to refer to conduct that seriously harms the public and compromises the officer's ability to continue. This process serves as a check against the abuse of power and is meant to hold government officials accountable for their actions.
The Founding Fathers, including James Madison, Benjamin Franklin, James Wilson, and Gouverneur Morris, debated the Impeachment Clause at the 1787 convention in Philadelphia. Alexander Hamilton also argued strongly for the inclusion of an Impeachment Clause in Federalist 65, stating that impeachment charges would address "the misconduct of public men, or, in other words, from the abuse or violation of some public trust." The impeachment process remains a rarely used but crucial tool to ensure accountability and maintain a system of checks and balances in the government.
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Founding Fathers recognised the potential for corruption and subversion of the republic
The claim that the Founding Fathers were felons is a myth that gained traction on TikTok and YouTube. The claim is based on the idea that the Founding Fathers committed treason, a felony, by signing the Declaration of Independence. However, this claim is inaccurate as the Founding Fathers were never arrested, charged, tried, or convicted of any crime. The English legal system could not convict the Founding Fathers as felons because the American Revolution was successful and the British surrendered in 1781.
While the Founding Fathers were not felons, they recognised the potential for corruption and subversion of the republic by public servants, elected representatives, and government officials. They established the impeachment process as a constitutional remedy for those who violate the public trust and endanger the republican form of government. The impeachment process was part of a carefully crafted system of checks and balances, separation of powers, and limited government. The Founding Fathers viewed a republic as the best form of government, where individuals have natural rights to life, liberty, property, and the pursuit of happiness. These rights are guaranteed by a constitutional government based on the rule of law and enforced by the citizens.
The Founding Fathers turned to British history for guidance on impeachment, understanding it as a tool to correct "corruption in office" and "alleged damage to the state." They recognised that impeachment was not limited to common law or statutory crimes but applied to "offenses of a political character." This interpretation was supported by legal scholars such as Justice Joseph Story. The impeachment process was intended to hold public servants accountable and prevent them from abusing their power or committing "government mischief."
The Founding Fathers' creation of the impeachment process demonstrates their awareness of the potential for corruption and their commitment to upholding the principles of the republic. They sought to protect the republic by establishing a mechanism to address misconduct and violations of the public trust. By doing so, they ensured that the government would remain accountable to the people and uphold the natural rights and freedoms enshrined in the Constitution.
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Founding Fathers were never tried or sentenced as felons
The claim that the Founding Fathers were felons is a myth. While it is true that they committed treason, a serious crime punishable by execution, they were never tried or sentenced as felons. The Founding Fathers were never arrested, charged, or judged by a jury of citizens or judges, and as such, there was no trial, conviction, or felony.
The English legal system could not convict the Founding Fathers as felons because the American Revolution was successful and the British surrendered in 1781. After the British General Lord Cornwallis surrendered to George Washington at Yorktown, he could not demand that the signers of the Declaration of Independence be handed over to be tried as traitors and felons in London.
Some have argued that the Founding Fathers were felons because they rebelled against the Crown, but this claim is inaccurate. The term "felony" was not well-defined in English law at the time, and the Founding Fathers were never found guilty in a court of law by a jury of their peers. They fought and risked their lives for the right to be judged by an impartial jury, a right that is now afforded to all accused individuals.
The Founding Fathers recognized that public servants, elected representatives, and government officials could be fallible and could break the chains binding them to the Constitution. As such, they established the impeachment process as a constitutional remedy for those who violate the public trust and subvert the republic. This process was carefully crafted as part of the system of checks and balances, separation of powers, and limited government inherent to a constitutional republic.
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Frequently asked questions
No, the Founding Fathers were not felons. They were never arrested, charged, tried, or convicted of any crime.
The Founding Fathers committed treason by rebelling against the Crown and signing the Declaration of Independence. However, they were not tried or convicted of treason because the American Revolution was successful.
The Founding Fathers were not criminals by any legal standard that existed then or today. They fought for the right to be judged by an impartial jury.
The Founding Fathers did not explicitly mention felons in the Constitution. However, they established the impeachment process as a constitutional remedy for public servants who violate the public trust.
