Is Early Impeachment Practice Relevant to Original Meaning?
by Michael Stokes Paulsen In my most recent several posts in this series, I set forth the nearly overwhelming case for a broad understanding of “high Crime and Misdemeanors” as ...
Read more.
Originalism Encompasses Text and Structure
I had the pleasure of being on panel with Pamela Karlan of Stanford Law School at the Eighth Circuit Judicial conference. There she set forth a view of the “modalities” ...
Read more.
All Guns Should Be “Undetectable” to the Government
The Second Amendment’s text isn’t hard to read, and it takes all sorts of legal somersaults to get around the “shall not be infringed” part. So, it is confusing and ...
Read more.
The Limited Scope of the Full Faith and Credit Clause
Article IV, Section 1 of the Constitution requires every state to give “full faith and credit” to public acts, records and judicial proceedings of every other state. This rather obscure ...
Read more.
What Brett Kavanaugh’s Previous Hearings Tell Us About His Judicial Philosophy
Hours after President Donald Trump announced his nomination of Judge Brett Kavanaugh to the Supreme Court, Senate Minority Leader Charles Schumer, D-N.Y., said: “The American people deserve to know what ...
Read more.
Reforming Independent Counsels
Over the years, I have been exploring different ways that the institution of an independent (or special) counsel can be reformed. See, e.g. here and here. On the one hand, ...
Read more.
The Propriety of Presidential Impeachments, Past and Present
Yesterday, as part of my series of posts about taking seriously the constitutional power of impeachment, I reviewed briefly what I have said in the past about impeachment of federal ...
Read more.
Impeaching Judges: Some Preliminary and Prior Thoughts
I am in the midst of a series of posts about the constitutional power of impeachment. I began outlining my overall thesis: that the power of impeachment is, as a ...
Read more.