Constitutional Law
A Presidential Succession Nightmare
Jack Goldsmith, Ben Miller-Gootnick Wed, Mar 25, 2020, 1:38 PM
The Presidential Succession Act is a disaster waiting to happen.
Latest in Constitution
Impeachment
The Trump Impeachment and the Question of Precedent
Bob Bauer Thu, Jan 16, 2020, 8:00 AM
In speeches sounding the alarm about “toxic” precedent, Sen. Mitch McConnell has set forth a questionable view of the law of impeachment with serious implications for the future of this constitutional remedy.
Impeachment
What Do Scholars Say About the Impeachment Power?
Patrick McDonnell, Jacques Singer-Emery, Nathaniel Sobel Tue, Oct 29, 2019, 10:35 AM
Then-Rep. Gerald Ford once defined an impeachable offense as “whatever a majority of the House of Representatives considers it to be at a given moment in history.” But legal scholars have concluded that impeachment is considerably more law-governed, and constrained, than Ford suggested. They draw on clues from the Founders, the text and structure of the Constitution, and the history of presidential impeachments (and near-impeachments) to make varying arguments about the impeachment power and the range of impeachable offenses.
Scholarship
The Recommendations Clause as a Tool of Executive Power
Benjamin Schwartz Mon, Oct 21, 2019, 8:35 AM
Much has been written about the Trump administration’s broad understanding of the scope of executi