 framers intent and so we say that that practice whatever its validity should not be extended to this novel context where it clashes with the constitutional criminal conduct isn't discovered until after the president is out of office so there was no opportunity for impeachment we say the framers assume the risk that of under enforcement by adopting these very structural checks as justice Scalia said in Morrison against Olson the separation of powers prevents us from writing every wrong but it does so that we do not lose liberty