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Can Trump be disqualified from the presidency?

CONSTITUTION | February 25, 2021

Congress cannot disqualify Trump from serving as president again.

Can Trump be disqualified from the presidency? Read More »

Originalism: the constitutionality of impeaching ex-presidents

CONSTITUTION | February 22, 2021

The Constitution’s language creates an evidentiary presumption against late impeachment . . . but it might be rebutted.

Originalism: the constitutionality of impeaching ex-presidents Read More »

The impeachment videos: Raskin’s questionable tactics

CONSTITUTION | February 19, 2021

The doctored anti-Trump videos did not meet any reasonable standard of admissibility.

The impeachment videos: Raskin’s questionable tactics Read More »

Prosecutors tried to make opinions impeachable

CONSTITUTION | February 18, 2021

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.

Prosecutors tried to make opinions impeachable Read More »

The unfair procedures in the Trump impeachment

CONSTITUTION | February 13, 2021

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.

The unfair procedures in the Trump impeachment Read More »

What you need to know about the lawyers’ arguments on impeachment

CONSTITUTION | February 11, 2021

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.

What you need to know about the lawyers’ arguments on impeachment Read More »

Does the Constitution allow impeachment of an ex-President?

CONSTITUTION, Uncategorized | February 8, 2021

You can see how the evidence goes in both directions.

Does the Constitution allow impeachment of an ex-President? Read More »

New article relevant to the 2020 election, amendments, & much more!

Article V, CONSTITUTION | February 5, 2021

The Constitution’s “federal functions” are almost totally overlooked in law school courses. Yet they are hugely important.

New article relevant to the 2020 election, amendments, & much more! Read More »

The solution is a convention of the states: 5th of a five part series

Article V, CONSTITUTION | February 1, 2021

By using the Constitution’s convention procedure, we can enact the reforms necessary to save the country—and we can make them permanent.

The solution is a convention of the states: 5th of a five part series Read More »

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