H.R. 1 contains some sections that are perfectly constitutional . . . .But they are intertwined with provisions that are clearly (or arguably) unconstitutional. This intertwining would take decades of litigation to unravel.
H.R. 1 would create chaos only a constitutional amendment could fix Read More »
This article was first published by the Epoch Times on February 25, 2021. “Ignorance lies not in the things you don’t know, but in
How a ‘Convention of States’ Really Works Read More »
Frantic claims that it’s a “constitutional convention” … or that it can issue a new document or “radically re-write” the existing one … or change the ratification procedure—none of these have any legal or historical basis.
How a ‘Convention of States’ really works Read More »
Sometimes after examining the text it even remains unclear whether that text is unclear! What seems obvious on initial examination may be entirely wrong.
When Can an Originalist Scholar Begin with the Constitution’s Text? Read More »
Congress cannot disqualify Trump from serving as president again.
Can Trump be disqualified from the presidency? Read More »
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 doctored anti-Trump videos did not meet any reasonable standard of admissibility.
The impeachment videos: Raskin’s questionable tactics Read More »
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 »
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 »
To amend the Constitution, approval of an amendment by three fourths of the states (now 38 of 50) is required.
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 »
You can see how the evidence goes in both directions.
Does the Constitution allow impeachment of an ex-President? Read More »
