When Can an Originalist Scholar Begin with the Constitution’s Text?
Sometimes after examining the text it even remains unclear whether that text is unclear! What seems obvious on initial examination may be entirely wrong.
Can Trump be disqualified from the presidency?
Congress cannot disqualify Trump from serving as president again.
Originalism: the constitutionality of impeaching ex-presidents
The Constitution’s language creates an evidentiary presumption against late impeachment . . . but it might be rebutted.
The impeachment videos: Raskin’s questionable tactics
The doctored anti-Trump videos did not meet any reasonable standard of admissibility.
Prosecutors tried to make opinions impeachable
In an impeachment trial, if the House managers claim that the accused’s alleged lies form a basis for conviction, then they have the burden of proving—by clear and convincing evidence—that the statements were, in fact, lies.
The unfair procedures in the Trump impeachment
To ensure fairness, the prosecuting House managers must demonstrate decisively (1) that the election was fair, (2) that Trump had no reasonable grounds for believing otherwise, and (3) that he had a corrupt motive for lying.
What you need to know about the lawyers’ arguments on impeachment
Whatever you may think of Trump’s speech, the evidence shows, and the prosecutors implicitly admit, he did not commit a crime. This creates some problems for the prosecution.
Does the Constitution allow impeachment of an ex-President?
You can see how the evidence goes in both directions.
Saving America and election integrity: 3rd in a series
2020 election irregularities: “For the survival of the republic, we cannot sweep such evidence under the rug.”
Saving America and election Integrity: 2nd in a series
Now, if these characters don’t understand even the fundamentals of their jobs, how can we expect them to know enough to govern health care? Or education? Or the environment? Or defense, commerce, or any of the other activities they purport to regulate?
Sorry, Vice-President Pence can’t replace electors on his own
“[T]he failure of the Trump legal team and its allies to understand the Constitution’s rules on presidential elections has cost them dearly. They have evidence of fraud and other election irregularities. But they have not used that evidence well.”
Supreme Court curbs the COVID police
The most memorable opinion was written by Justice Gorsuch. In joining the majority, he reminded us that “Government is not free to disregard the First Amendment in times of crisis.”
