Article II
Supreme Court and Rules of the Game
The United States Constitution’s Article 2, Sec. 2, cl. 2, provides that the president of the United States “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the...
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...
Executive Power: Who Made Presidents and Governors Kings?
Article II of the Constitution defines the role and qualifications of the president. The Constitution delegates specific powers and responsibilities to the executive branch including the power of appointment, the power to make treaties with the advice and consent of...