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Constitution’s Impeachment Rules Require Biden Inquiry to Be Narrowly Focused

CONSTITUTION | September 22, 2023

Constitutional writers have long understood the meaning of the terms “Treason,” “Bribery,” and high Crimes.” But the phrase “high Misdemeanors” was a subject of controversy.

Constitution’s Impeachment Rules Require Biden Inquiry to Be Narrowly Focused Read More »

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 »

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, 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: 18th century law shows impeachment requires a crime

CONSTITUTION | March 6, 2020

Examples of high misdemeanors . . . were bribery, assault, and attempted murder.

New article: 18th century law shows impeachment requires a crime Read More »

What the “expert” panel should have told you about impeachment—but didn’t

CONSTITUTION | January 6, 2020

Impeachment law is not for amateurs. It rests on English parliamentary history extending at least as far back as the 1300s. . . .

What the “expert” panel should have told you about impeachment—but didn’t Read More »

Under the Constitution the President, not unelected bureaucrats, makes foreign policy

CONSTITUTION | January 3, 2020

These witnesses and their congressional sponsors apparently believe the consensus of professionals should control foreign policy. . . . But the Constitution squarely repudiates this “foreign policy by committee” approach.

Under the Constitution the President, not unelected bureaucrats, makes foreign policy Read More »

Impeachment inquiry rules skewed heavily against the President

CONSTITUTION | December 4, 2019

Unfortunately, the new House rules fall far short of even minimal due process standards.

Impeachment inquiry rules skewed heavily against the President Read More »

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