Paul W. Kahn— Project and system views of law are in deep tension, but this is not a tension that needs to be resolved at an abstract level. We live with multiple ways of imagining law and explaining ourselves. These different pictures contend at the retail level. They are put
Steven B. Smith— The second impeachment trial of Donald Trump ended in an acquittal by a vote of 57-43. Democrats could take some comfort in the fact that it was the largest bipartisan vote in any impeachment trial, although it was a virtually foregone conclusion that they would fail to
William N. Eskridge Jr.— Ruth Bader Ginsburg passionately loved her family, her job as a judge, constitutional law, and opera—not always in that order. I first came to know and admire Ruth through our shared academic interests and through my beloved Georgetown colleague Marty Ginsburg. But in the last decade,
Benjamin Ginsberg— President Trump’s declaration of a national emergency to help provide funding for a border wall has touched off a furious controversy with many commentators pointing to what they see as another abuse of power by Trump. Unfortunately, though, President Trump is merely following the well-worn path of unilateral
Brian C. Kalt— Practicalities As they were designing the presidency, the delegates at the Constitutional Convention in 1787 discussed hypothetical criminal presidents. In recent decades—the era of the independent counsel—things have gotten less hypothetical, with serious investigations affecting Presidents Nixon, Reagan, Bush, Clinton, and Bush. Nixon and Clinton came closest
Sanford Levinson— Federalist 65: The Senate’s Confirmation and Impeachment Powers One of the most important distinction between the Senate and House, with regard to their constitutionally granted powers, concerns the former’s unique role in confirming presidential appointments. It is utterly irrelevant, as a formal matter, what the House thinks about