“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Does the U.S. Senate have jurisdiction to try former President Donald Trump? There’s no shortage of absolute yes and no answers floating around the media. But here’s the real answer: We don’t know. Before going further, let me clarify one thing: I believe that, on the...
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...
Last week the latest Democratic Party attempt to remove President Trump from office – impeachment over Trump allegedly holding up an arms deal to Ukraine – flopped. Just like “Russiagate” and the Mueller investigation, and a number of other attempts to overturn the...
“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...
Is impeachment valid even though the speaker has not transmitted it to the Senate? Some argue that the Senate is not prohibited by the Constitution to start a trial, even if the articles of impeachment are not transmitted from the House to the Senate. But is this the...