Constitutional Opinions
by | Jan 8, 2020

Dissenting in the case of Caperton v. A. T. Massey Coal Co. (2009), the late Justice Antonin Scalia (1936–2016) wrote, A Talmudic maxim instructs with respect to the Scripture: “Turn it over, and turn it over, for all is therein.”…

by | Dec 26, 2019

Both of the articles of impeachment passed by the Democrats in the House are unprecedented in that they charge “thought crimes” against a president. They are based on the dubious legal theory that doing something that is legal in and…

by | Dec 25, 2019

Washington is convulsed by politics these days. The presidential election is less than a year away. The House is moving forward on impeaching President Donald Trump. And there is widespread preparation for a possible Supreme Court confirmation battle. Of course,…

by | Dec 25, 2019

What a disappointment. After the two House Get Trump Committees came up with (if you’ll pardon the expression) trumped-up charges against our current president, and the Democrats in that degraded body rose to the bait and voted for two articles…

by | Dec 16, 2019

Whatever its legal merit or lack thereof, the upcoming impeachment trial in the Senate is a political show trial that is intended to affect the upcoming presidential election for sure. So let’s consider the political implications, not the legal merits….

by | Dec 6, 2019

Our country could survive an impeachment trial of Donald Trump. We’d be wounded and I hope that calamity can be avoided, but we’d survive. The more momentous issue in the current impeachment kerfuffle is how and to what extent the…

by | Nov 6, 2019

The most frequently quoted one-liner about impeachment is Gerald Ford’s: “An impeachable offense is whatever a majority of the House of Representatives considers [it] to be at a given moment in history.” Former President Ford was a honorable man who…

by | Oct 28, 2019

My Yale Law School colleague Bruce Ackerman has proposed a theory of constitutional change that he calls “constitutional moments.” The idea was spelled out in a series of lectures, later published in the Yale Law Journal and in Ackerman’s multi-volume history…

by | Aug 9, 2019

One way of thinking about the job of an agency Inspector General (IG) is to see it as scraping barnacles from the agency’s hull and warning it about legal shoals. If an IG does that, the agency will do its…

by | Jul 30, 2019

In Rucho v. Common Cause, the Supreme Court held that political gerrymandering claims do not belong in federal court. That’s great, as far as it goes. The lower federal courts had proven increasingly more creative in attempting to banish political…

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