The Constitutionality of Trump's Impeachment Trial Is Not 'Crystal Clear'
There are plausible arguments on both sides of the debate.
Constitution
Trump's Lawyers Say He Can't Be Impeached for Trying to Subvert the Election Because He Was Just Expressing an Opinion
They also argue that the Senate has no authority to try a former president.
New article - Constitutionalizing Interstate Relations: The Temptation of the Dark Side
On the inconsistency between choice of law cases and interstate sovereign immunity cases
The Constitutional Argument Against Trump's Senate Trial Is Convenient. Is It Also Wrong?
While many prominent constitutional scholars think trying a former president is perfectly legal, the dissenters make some points that are worth considering.
How the National Constitution Center "Constitution Drafting" Project Revealed Potential Areas of Consensus on Constitutional Reform
My recently published article on the NCC project outlines several important areas of agreement between conservative, libertarian, and progressive participants.
Yes, the Senate May Hold Trump's Impeachment Trial After He Leaves Office
History and precedent both support impeachment trials for former federal officials.
Trump Never Bothered To Hide His Contempt for the Constitution
Trump deserves to be remembered for what his words and actions have shown him to be.
Texas Congressman's Lawsuit Says Mike Pence Has the Unilateral Authority to Keep Trump in Office
Louis Gohmert asserts a previously overlooked power to decide which electoral votes will be counted.
Biden Acknowledges Constitutional Limits to the Power of the Presidency
That’s a rare position for modern White House residents, and not necessarily a popular one with the public.
Frederick Douglass vs. the 1619 Project
A new book explicates the escaped slave and renowned orator's argument that the Constitution is "a glorious liberty document" that justified ending slavery.
Trump Lost Because SCOTUS Answers to the Constitution, Not to Him
Trump’s judicial humiliation is now complete.
Conservative Lawmakers and Legal Scholars Denounce Texas Election Suit as 'a Mockery of Federalism and Separation of Powers'
The Constitution “plainly makes the appointment of electors a state-by-state matter.”
Thoughts on the National Constitution Center's "Constitution Drafting Project"
The NCC put together teams of conservatives, progressives, and libertarians to propose their own rewrites of the Constitution. All three teams came up with interesting ideas - and with some notable areas of agreement.
Damon Root: Why Frederick Douglass Loved the Constitution (and You Should Too)
The escaped slave called the Constitution "a glorious liberty document" that justified extending equality to blacks and women.
California Churches Stuck in Limbo After Supreme Court Decision
Plus: Congress to vote today on marijuana decriminalization, new study shows bad news for indoor diners, and more...
Review of Ilya Shapiro's "Supreme Disorder"
One Ilya reviews a book written by another. Hopefully, this won't exacerbate #IlyaConfusion!
This Woman Permanently Lost Her Second Amendment Rights Because She Lied on Her Taxes
Is this the Supreme Court’s next big gun rights case?
The Electoral College: Keep or Replace? A Soho Forum Debate
Richard Epstein vs. Lawrence Lessig
Abolish the Electoral College? A Soho Forum Debate
Law professors Richard Epstein and Lawrence Lessig go head-to-head.
Amy Coney Barrett on Lochner and the 14th Amendment
The Supreme Court nominee weighs in on a famous case.
This Judge Is Wrong About Economic Liberty and the Constitution
Perhaps Pennsylvania Supreme Court Justice David Wecht ought to read more history, starting with the speeches of the late Rep. John Bingham.
Amy Coney Barrett and the Problem of Conservative Judicial Deference
Reviewing the record of the SCOTUS shortlister.
Partisan Poppycock Does Not Trump the Constitution on SCOTUS Picks
The restrictions imagined by Republicans in 2016 or by Democrats now are nothing but self-serving nonsense.
Landlords Sue Trump Administration and CDC Over Executive Order Banning Evictions
The National Apartment Association has joined a lawsuit brought by four individual landlords arguing the CDC's nationwide eviction moratorium is both illegal and unconstitutional.
Pennsylvania Lockdown Lawsuit Victory May Cure a Plague of Pandemic Restrictions
“The Constitution sets certain lines that may not be crossed, even in an emergency.”
USA Today Op ed Making the Case for Abolishing the Constitutional Requirement that the President Must be a "Natural Born" Citizen
I coauthored it with Harvard Law School Professor Randall Kennedy.
The Cato Institute's 19th Annual Constitution Day Conference
This year's annual confab is remote, but will still feature the annual B. Kenneth Simon Lecture and release of the Cato Supreme Court Review.
When Joe Biden Tried To Paint Clarence Thomas as a Crazy Libertarian
The episode reflects poorly on Biden.
Should Congress Take Down Its Statue of Racist Chief Justice Roger Taney?
A bust of the Dred Scott author stands in the old Supreme Court chambers in the capitol.
Is Congress Entitled to the Supreme Court's Deference?
SCOTUS is the least democratic branch. Is that a bad thing?
Discussing the Supreme Court on "Supreme Myths" with Eric Segall
A surprisingly agreeable chat on originalism, the Supreme Court, Chief Justice Roberts and other things.
Robert Kraft and Florida Massage Workers Are Still Fighting Unconstitutional Surveillance Video
"Supreme Court jurisprudence...is heavily weighted against you," an appeals judge told state prosecutors last week.
House of Representatives Votes to Give D.C. Statehood
The House voted to recognize the District of Columbia as a state, but many obstacles still lie ahead.
Partisan Hypocrisy on Display in Supreme Court Ruling on Anti-Prostitution Pledge and the First Amendment
Can the government compel speech? For Supreme Court justices, that seems to depend on the content of that speech.
Designing Institutions that Promote Foot Voting and Minimize Potential Downsides
Fifth and final post in a series based on my new book "Free to Move: Foot Voting, Migration, and Political Freedom"
Clarence Thomas Upbraids SCOTUS for 'Prolonging Our Decade-Long Failure to Protect the Second Amendment'
"The fundamental protections set forth in our Constitution," Thomas writes, should be "applied equally to all citizens."
Trump's Bump Stock Ban Is Under Fire From His Own Judicial Appointees
This unilateral executive action has been scrutinized by both Supreme Court Justice Neil Gorsuch and U.S. District Judge Brantley Starr.
Roberts Accuses Kavanaugh of Judicial Activism in Coronavirus Church Closure Case
"Although California's guidelines place restrictions on places of worship," Roberts wrote, "those restrictions appear consistent with the Free Exercise Clause of the First Amendment."
Are the COVID-19 Lockdowns Constitutional?
Several courts have invalidated elements of state shelter-in-place orders. Constitutional law Professor Josh Blackman says that the longer they continue, the less legal they become.
State Supreme Courts Stand Up for Economic Liberty While SCOTUS Falls Down on the Job
"We have long interpreted the Georgia Constitution as protecting a right to work in one's chosen profession free from unreasonable government interference."
Supreme Court Can Put a Stop to Rule Compelling Anti-Prostitution Speech From Anti-HIV/AIDS Groups
The anti-prostitution pledge is unconstitutional when applied to U.S. nonprofits. But the feds say it's still OK to compel speech from these groups' foreign affiliates.
Coronavirus Cases Pit Constitutional Rights Against Public Health Authority
The federal courts start to grapple with COVID-19 shutdown orders.
Supreme Court Justices in Texas and Pennsylvania Emphasize That COVID-19 Lockdowns Require Judicial Scrutiny
Not everything that states do in the name of protecting public health is consistent with the Constitution.
When Are COVID-19 Control Measures 'Arbitrary' and 'Unreasonable'?
Courts so far have not been inclined to ask that question.
Masks Can Be a Symbol of Privacy and Personal Responsibility, Not Tyranny
Plus: Family Dollar guard murdered over mask enforcement, doctors see "multisystem inflammatory syndrome" in kids with COVID-19, and more...
When the Supreme Court Upheld a Compulsory Vaccination Law
Infectious disease, public health, and the Constitution
