Impeachment in a System of Checks and Balances

What should be the bar? Can it ever be reached?

The January 6 Hearings Are Over. Now What?

The investigation produced mounds of evidence. Will it matter?

[Documents taken in August Mar-A-Lago search] [Documents taken in August Mar-A-Lago search]

[Updated] – DOJ Appeals To 11th Circuit

The Department of Justice takes an utterly unsurprising, but important step in the Mar-a-lago document case

American Civil War II is Unlikely but Not Impossible

A repeat of 1860 can’t happen. But something even worse could.

[Top Secret Clip Art] [Top Secret Clip Art]

[Update] Analysis of NARA’s Letter to Former President Trump

Why would the Trump team release a document that casts them in such a bad light?

We Don’t Need No Stinkin’ Constitution

Is it time to call the whole thing off?

Stupid Takes From “Smart” People: Trump/FBI Edition

Tell us you don’t know anything about Federal Warrants without telling us you don’t know anything about Federal Warrants

Non-Majority Presidents

Are plurality winners less legitimate than popular vote losers?

Independent State Legislature Theory

A theory floated in Bush v Gore could radically change American elections.

Defending the Constitution Against All Enemies, Foreign and Domestic

What should conservatives who can’t support the party of Trump do?

Judicial Supremacy vs Popular Constitutionalism

Who should have the final say on the law of the land?

January 6 Committee Divided on Which Non-Starter Recommendations to Make

They’re taking their eye off the ball.

Pretextual Searches on the Interstate

Assumptions of racial animus are overshadowing a story that’s outrageous enough on its own.

Protesting at Officials’ Homes

Is harassing judges, mayors, Senators, and the like in their private lives just free speech?

Clarence Thomas on Stare Decisis

Not so conservative.

Banning ‘Insurrectionists’ Redux

Lawyers in North Carolina are trying to get a Congressman off the ballot.

SCOTUS Rejects House Republican Challenge to Proxy Voting

The court wisely deferred to Congress in setting its own rules.

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On Narratives and Covid Restrictions

Are we really being blocked from getting back to normal? And if so, what is the real barrier?

The Disqualification Clause and January 6

A provision of the 14th Amendment to keep Civil War generals out of office is back in play.

SCOTUS Mythology Exposed

We deserve better.

1+1=3 1+1=3

Pence Likens Election Reform to Capitol Riots

It doesn’t add up.

Milley’s Soft Coup

While well-intentioned, the Chairman’s actions were illegal and dangerous.

More on Standing

Some Notes on the Ruling and the Dissents in the Texas Abortion case

A few observations on Whole Woman’s Health, et al., Applicants v. Austin Reeve Jackson, Judge, et al.

On Civil Enforcement and Bounties

Regardless of one’s views on abortion, the enforcement provision in the new Texas law should be concerning.

Ivermectin and Irresponsible Infotainment

Sound decisions require sound reporting.

Timeline Ripped Out of Arkansas Yearbook

When “the news” isn’t just “the news.”

F- Biden Signs and Free Speech

I know obscenity when I see it and this ain’t it.

The New Red Scare

Fear of Chinese spies led to a bizarre and illegal operation within the Commerce Department.

The Problem isn’t Breyer, it is one of Constitutional Design

Put the frustration where it belongs.

SCOTUS Strikes Down Disclosure Law

Another 6-3 decision along ideological lines.

Smart Designers Create Imperfect Rules

Even the smartest designers can’t anticipate all the flaws with the rules they write.

Transphobia, Academic Freedom, and the First Amendment

The 6th Circuit is allowing a professor fired for misgendering a transwoman to sue his state university.

Stop Blaming the Framers for Everything

America’s institutions are undemocratic but only some of them are a product of the Constitution.

POTUS Should Be Just A Job

The distance in accountability between the highest and the lowest must be shortened.

Trump Wants to Push ‘Stolen Election’ Claim in Senate Trial

The man still can’t get out of his own way.

On Constitutionality and Impeaching a Former President

The problem is theoretical at best and cannot stop the Senate from acting.

Trying an Impeached Former President

The legal debates are unsettled but we can all agree that Rand Paul is a moron.

Congress Pushing to ‘Ratify’ ERA by Fiat

Amending the Constitutional through unconstitutional means is a very bad idea.

Keystone and Executive Fiat

President-Elect Biden is planning a big first few days, Congress be damned.

Pelosi and Schumer: 25th or Impeachment

And here we go.

Ousting Trump Early Incredibly Unlikely

The President of the United States is a national security threat. Can we get rid of him now?

Congress Certifies Biden Win

It’s finally officially official.

The 25th Amendment Fantasy

The zombie idea for ousting an erratic and dangerous President.

The Next Attempt to Subvert

January 6th, when the electoral votes are counted.

A 2020 Legal Dispute That’s Not Over

A case involving Pennsylvania may not be resolved for quite some time. Thankfully, it’s immaterial to the election outcome.

SCOTUS Strikes Down New York Church Closures

The right to worship trumps the public’s health.

They Had the Votes

Disconnected representation in action.