Constitutional Law

What Was the Original Reason for the 25th Amendment?

The 25th Amendment has been in the news a lot recently. As this year marks the 50th anniversary of its ratification, let’s explore each section of …

Cool Stuff

Why the 25th Amendment Won't Save America From Trump

Trump being declared unfit for office is an appealing thought, but it would be even harder to pull off than impeachment<p>With an approval rating …

Constitutional Amendments

Michael Flynn Is Taking the Fifth. So What?

Asserting your constitutional rights doesn’t imply guilt. But Congress has been making it seem that way for years.<p>So Michael Flynn, Donald Trump’s former national security adviser, is asserting his Fifth Amendment rights. He is refusing to comply with the Senate Intelligence Committee’s subpoena …

Government

LISTEN: “They probably are going to find impeachable offenses,” predicts professor on Donald Trump

Salon talks to Allan Lichtman about "The Case for Impeachment," Trump, Russia and what could come next<p>Allan J. Lichtman, a professor at American University, has successfully predicted the outcome of every U.S. presidential election since 1984, albeit somewhat complicated in the years when there was …

Donald Trump

So what exactly counts as an impeachable offense?

The U.S. Constitution’s provision that federal officers are impeachable for “high crimes and misdemeanors” is notoriously unclear. That’s on purpose. The framers wanted a fairly open-ended tool for removing an officer who posed a serious and immediate threat to the constitutional order. The …

Impeachment

Maduro Plans to Rewrite Venezuela's Constitution

The president has created a new “constituent assembly” to oversee legislative changes.<p>At a Tuesday rally in Caracas, Venezuelan President Nicolas Maduro signed a document allowing a “constituent assembly” to draft a new version of Venezuela’s constitution, acting on a promise he made earlier this …

Venezuela

Nonpartisan legal scholar on Trump's tweeting: Founders would have been horrified | Commentary

<b>Trump has always claimed that he uses Twitter as a way to directly connect with his supporters, to bypass or even fight back against what he calls</b> …

Texas

Is South African President Jacob Zuma Overstepping His Authority by Pushing Through a Controversial Cabinet Reshuffle?

Invoking an apartheid era law to escape accountability is a misguided move that will ask far more questions of the president than it avoids.

Jacob Zuma

The 25th Amendment Makes Presidential Disability a Political Question

Nothing in the text or history of the amendment is stopping the vice president, Cabinet, and Congress from determining that the president is “unable to discharge the powers and duties of his office.”<p>Last week, in <i>The New York Times,</i> Ross Douthat became the latest and perhaps most prominent advocate …

Dwight D. Eisenhower

'Gordon v. CFPB' Provides The Supreme Court A Good Vehicle To Rein In Executive Branch Authority

The US Constitution imposes important checks on the exercise of executive power by the federal government. In particular, Article II specifies that executive power may be exercised only at the behest of properly appointed “officers” of the United States, and it sets forth detailed requirements for …

Judiciary

What happens if Donald Trump is impeached and who would be the next president?

Allegations that Donald Trump asked FBI Director James Comey to end an investigation into Michael Flynn's links to Russia have spurred calls for the president to be impeached.<p>The explosive new development, stemming from a memo written by Mr Comey, followed a week of tumult at the White House after …

Obstruction of Justice

Germany's Basic Law is a flexible yet stable constitution | Germany | DW | 22.05.2017

The German constitution was originally intended to be a provisional text. But Germany's top Supreme Court judge, Andreas Vosskuhle, says it has …

Germany

Jeffrey Rosen on “federalism for the left and the right”

In an excellent recent <i>Wall Street Journal</i> op ed, National Constitution Center President and leading left of center legal scholar Jeffrey Rosen explains how both left and right can benefit from strengthening constitutional federalism:<p>Many of the issues that recent presidents have tried to decide at …

Donald Trump impeachment on local agendas

Local communities, eager to show their solidarity with the national “resistance” movement opposing President Trump, are taking up resolutions …

U.S. House of Representatives

Lessons of 1967 referendum still apply to debates on constitutional recognition

Saturday, May 27, marks the 50th anniversary of the 1967 referendum. As the date approaches, many are reflecting on a moment that is recalled as one …

Referendums

Federal power spins its ever-growing web

A blind spider creeping through America’s judicial thicket might be heading to the Supreme Court, which will have to decide if the contentment or …

Endangered Species

Dear Donald Trump: Political Incompetence Is an Impeachable Offense

In the years before he became president, Donald Trump made a lot of money telling people they were fired. But if he doesn’t quickly hone his …

Donald Trump

Will the 25th Amendment save us? Lessons from the nation’s first impeachment trial.

There are evident risks to opening the door to using the 25th Amendment to remove presidents on the basis of general concerns about unfitness or mental instability.<p>Concerns about the workings of the Trump White House have led some to turn to one of the most obscure provisions of the US Constitution …

Constitutional Amendments

Will Trump be shown the door? What impeachment would mean

The U.S. President may be only a few major missteps from facing serious calls for his removal from office. But as <b>David Shribman</b> reports, impeachment is a radical step that imposes extreme stresses on the political system – and a high price on all sides<p>The political scientist who correctly predicted …

Richard Nixon

What is the 25th Amendment, and could it be used against Trump?

There’s a second way to remove the president, but it requires a Cabinet Room mutiny<p>The Constitution actually provides for two ways to remove a …

Donald Trump

Trump Impeachment on Your Mind? 5 Things to Know

The articles of impeachment against Trump might look remarkably similar to those levied against Nixon and Clinton.

Activism

First Amendment: often challenged but consistently enduring

<i>Roy S. Gutterman is an associate professor and director of the Tully Center for Free Speech at the S.I. Newhouse School of Public Communications at Syracuse University.</i><p>When protesters recently shouted conservative firebrands Ann Coulter and Milo Yiannopoulos off the University of California at …

Opinion

5 reasons Trump is heading toward impeachment

Events in the last several weeks have many lawmakers seriously considering impeachment of President Donald Trump. Trump’s firing of FBI Director …

U.S. Constitution

For Impeachment, It Doesn’t Matter Whether Trump Broke The Law

People are asking the wrong questions about what the president did.<p>A serious conversation about impeaching President Donald Trump is underway. But it may be going in the wrong direction already.<p>Even before Wednesday’s appointment of a special counsel to investigate ties between the Trump campaign …

Government

One Conservative Columnist Thinks Trump Is Mentally Unfit For Office And Should Be Removed Under The 25th Amendment

Unless you’ve been hiding under a rock without WiFi or decent cellphone reception, you’ve probably heard a thing or two about just how bad things are for Donald Trump. The mishandled firing of FBI Director James Comey and subsequent revelation about the president’s alleged misuse of classified …

Donald Trump

Impeachment’s Political Heart

The simmering talk of impeachment swirling around President Trump largely concerns whether he committed a crime by asking James Comey, when he was still the director of the F.B.I., to end an investigation of Michael T. Flynn, the onetime national security adviser. From the perspective of criminal …

Opinion

The 25th Amendment? Forget It

Interest in Section 4 of the 25th Amendment is peaking. Multiple amateur constitutional scholars have advocated its use to remove President Trump from office, as an alternative to impeachment. But Section 4 is a tool for a different job. Its use under today’s circumstances has the potential to tear …

Opinion

Spiro Agnew's Lawyer: Why Trump Will Not Be Prosecuted for a Crime

Did the President commit a crime by firing James Comey? By asking him to end his investigation of Michael Flynn? Was it obstruction of justice? …

Government

Trump and the Constitution's 'Misdemeanors'

Impeachment talk may be premature, but it isn't too soon to discuss the legal standards for removing a president.<p>As soon as Donald Trump was elected, some of his critics argued that he should be impeached. Those arguments were reckless and irresponsible, and an insult to the many millions of …

Trump is a president gripped by delusions of absolute power

We expect the leader of the United States to uphold the constitution, but this one confronts and threatens it every day<p>‘I have the absolute right” to share classified information with Russia. So tweeted the United States president in defence of having spilled national security secrets to the …

Donald Trump