Tag constitutional law

National Emergencies and the Rise of Presidential Unilateralism

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

Continue reading…

The Practicalities of Presidential Prosecution

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

Continue reading…

The Federalist Papers: On Impeachment

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

Continue reading…