Impeachment

Skeptical on Impeachment

by Michael D. Ramsey | Dec 11, 2019 | Current Events, Impeachment

I’ll put the conclusion first: I think supporters of the present impeachment have largely stated the law correctly, but I’m skeptical of their application of the law to the facts. As indicated in a prior post, I mostly agree with the Majority Counsel’s scholarly and...

The Judiciary Committee’s ex post facto approach to impeachment violates the Constitution

by Rob Natelson | Dec 10, 2019 | Current Events, Impeachment

The House Judiciary Committee has issued a report claiming, essentially, that Congress is not bound by any standards of what is impeachable. Citing Justice Joseph Story, who wrote a 19th century commentary on the Constitution, the report claims that it is impossible...

Originalism and the Impeachment Hearings (so far)

by Michael D. Ramsey | Dec 9, 2019 | Current Events, Impeachment, Originalism

Apparently the law professors’ testimony in the impeachment hearings last week had a fair bit of originalist-oriented discussion. Michael Dorf and Saul Cornell have different views on whether that’s appropriate for (presumably) non-originalist scholars. ...

The 6th Amendment and the Impeachment Process

by Michael D. Ramsey | Nov 14, 2019 | 6th Amendment, Impeachment, Section 4: Impeachment

At the Daily Caller, Steven Calabresi (Northwestern): House Democrats Violate The 6th Amendment By Denying Trump A Public Trial. The “public trial” point has been a bit overtaken by events as the House process is now public, but the essential claim...

Bad Textualism (Again)

by Michael D. Ramsey | Oct 22, 2019 | Current Events, Impeachment

At Balkinization, Richard Primus argues that, under a textualist interpretation, the President could be impeached for matters in addition to high crimes and misdemeanors: It Doesn’t Say “Only”: A Textual Point About Impeachment. He argues: Article II, Section 4 of...

Can the Supreme Court Review Impeachments?

by Michael D. Ramsey | Oct 8, 2019 | Court Cases, Impeachment, Judiciary

At The Hill, Alan Dershowitz answers yes: Supreme Court could overrule an unconstitutional impeachment. From the beginning: President Trump has said that if the House were to impeach him despite his not having committed “high crimes and misdemeanors,” he might seek...

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