Can the Vice President Break a Tie on Appointments?
In the Boston Globe, Laurence Tribe (Harvard) makes an originalist case that the Vice President cannot break ties on appointments votes. It’s an interesting issue but I am not persuaded. He begins: While the vice president has the power to cast a tiebreaking...
Senator Harris Is a Natural Born Citizen
This post consolidates and extends earlier comments I (here and here) and others (especially Eugene Volokh here) have made about Senator Kamala Harris’ eligibility to be President (and derivatively her eligibility to be Vice President). To put the conclusion up...
Recess Appointments and Presidential Adjournments
At Volokh Conspiracy, Josh Blackman comments on President Trump’s suggestion that he might adjourn Congress as a way of filing vacancies for which the Senate has not confirmed a nominee. President Trump said he could adjourn Congress as a means to make recess...