Constitution

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• 9/6/2020
  

  The Headless Horseman: William Barr and the Attorney General in History (Part 2)

  by James D. Zirin

  In the conclusion of his two-part analysis of William Barr's actions as Attorney General, former prosecutor James Zirin argues that Barr has hitched his office completely to the Trump Train. 

• 
• SOURCE: TIME
  8/24/2020
  

  How a Political Dispute Over the Early American Postal System Could Have Jeopardized the Whole U.S. Constitution

  by Robert W.T. Martin

  The nation has always depended on systems for sharing information and ideas. Disruptions to those systems can be devastating. Ask the Anti-Federalists. 

• 
• 8/23/2020
  

  James Madison’s Last Stand: Are We Witnessing the End of Liberal Democracy?

  by Richard Matthews

  The Trump presidency is a stern test of James Madison's design for a government that could govern without becoming tyrannical. The people and the ballot may be the last of Madison's checks and balances left. 

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• 8/16/2020
  

  The Paradox of Executive Underreach

  by Michael A. Genovese

  While the Constitution says more about limiting the overreach of the executive branch, functioning government must beware of an underreaching executive that abdicates responsibility. 

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• SOURCE: Washingtonian
  8/10/2020
  

  Would DC Statehood Also Give the Trumps Three Electoral Votes?

  A proposal for DC statehood would preserve a Capital District around the White House and Capitol, which is granted three Electoral College votes by the Constitution. It's possible that the only residents of the district would be the inhabitants of the White House. 

• 

• How Has the Electoral College Survived for This Long?

  by Alexander Keyssar

  Long after the abolition of slavery, Southern political leaders continued to resist any attempts to replace the Electoral College with a national popular vote.

• 
• SOURCE: New York Times
  7/30/2020
  

  Federalist Society Co-Founder Writes Trump Efforts to Postpone Election Grounds for Removal

  by Steven G. Calabresi

  One of the founders of the Federalist Society argues that Trump's call to postpone the 2020 election is grounds for removal from office if not rescinded. 

• 
• 7/23/2020
  

  What the Faithless Electors Decision Says about SCOTUS and Originalism

  by Ray Raphael

  The outcome of the "faithless electors" case shows that judicial "originalists" use that principle pragmatically and selectively. 

• 
• SOURCE: The Atlantic
  7/20/2020
  

  The United States Needs a Third Reconstruction

  by Wilfred Codrington III

  At two previous moments, the federal government has responded to the unavoidable reality that racism subverts democracy, but has allowed two periods of national reconstruction to be undermined and demolished. We need a Third Reconstruction and need to make it stick. 

• 
• 7/12/2020
  

  For Deep and Lasting Reform, We Need to Amend the Constitution

  by John Davenport

  After the upheavals of June, we may now have a once-in-a-lifetime chance to get to the constitutional roots of so many national problems.

• 
• SOURCE: The Atlantic
  5/26/2020
  

  There’s No Historical Justification for One of the Most Dangerous Ideas in American Law

  by Julian Davis Mortenson and Nicholas Bagley

  The delegation of regulatory power to federal agencies is the indispensable foundation of modern American governance. And it is under siege.

• 
• SOURCE: USA Today
  1/23/20
  

  Impeachment: Republicans are in the tank for Trump, but Democrats aren't impartial, either

  by Jonathan Zimmerman

  As of right now, I think Trump should be removed. But I must keep my mind open to new arguments and evidence, instead of closing myself off before we have heard them. 

• 
• SOURCE: AP
  1/22/20
  

  Trump’s Lawyers Say a Crime Is Required for Impeachment, But Experts Say That’s Not What Founding Fathers Intended

  Featuring historians Rachel Shelden, Jeffrey Engel, and David Stewart. 

• 
• SOURCE: NPR
  12/10/19
  

  From Consensus To Deadlock: Is Impeachment Still A Check On Presidents?

  The arc of partisanship in impeachment, to some extent, matches the increased polarization of politics in America over the last 45 years. It moves from consensus to deadlock.

• 
• SOURCE: NYR Daily
  12/3/19
  

  The Framers’ Answers to Three Myths About Impeachment

  by Garry Wills

  Adam Schiff, the chairman of the House Intelligence Committee, who has been overseeing the impeachment hearings, is badly misrepresenting the Constitution when he says that the Congress is a co-equal branch of government with the presidency.

• 
• 12/1/2019
  

  A Wealth Tax? Two Framers Weigh In

  by Ray Raphael

  Wealth taxes are on the current political table and hotly debated. All taxation was on the framers’ table as they considered a new constitution. What would they make of the measures we are considering now?

• 
• 12/1/2019
  

  William Barr’s Upside-Down Constitution

  by Robert J. Spitzer

  The Trump administration’s many questionable actions have raised both new and old concerns about the extent and reach of executive power.

• 
• SOURCE: Smithsonian Magazine
  11/13/19
  

  The 96-Year-History of the Equal Rights Amendment

  A brief history of the long battle to pass what would now be the 28th Amendment

• 
• SOURCE: The Atlantic
  10/31/19
  

  Impeachment Wasn’t Always This Fair

  by Buckner F. Melton, Jr.

  For more than half of the country’s history, potential impeachment defendants had wildly different rights from the ones they have today.

• 
• 10/27/19
  

  Why Originalism Should Apply to Impeachment

  by Donald J. Fraser

  I have never been a supporter of originalism. Until recently, I was also skeptical that impeachment was the right way to handle Donald Trump’s presidency. But I have recently changed my mind.