Impeachment
A Textualist/Originalist Case Against the Power to Impeach and Try Former Presidents
My co-bloggers have made powerful arguments for (Mike Rappaport, John Vlahoplus) and against (Andrew Hyman, David Weisberg) Congress’ power to impeach and try former officers. This post restates and expands the textualist/originalist case against...
In an Impeachment Trial, Are Senators Jurors?
“Whatever these betrayers of their country get, the people must lose; and, what is worse, must lose a great deal more than the others can get; for such conspiracies and extortions cannot be successfully carried on, without destroying or injuring trade, perverting...
The Constitution tells us impeachment is valid even though the Speaker has not transmitted it
Some legal commentators argue that the impeachment of President Trump is not valid until Speaker Nancy Pelosi delivers the articles of impeachment to the Senate. Hence, the argument goes, the Senate cannot try the president until after they are delivered. With all due...
What the Constitution says about impeachment
Conscientious citizens know that impeachment of a president – any president – is a sad occasion. It is not a time for the unseemly enthusiasm now displayed by many in politics and the media. Some cynics claim impeachment procedures are a free-for-all,...