Constitutional Law

  • Why Trump Can Be Convicted Even as an Ex-President

    by Steven I. Vladeck

    The historical record of impeachment trials suggests that they treat removal from office and disqualification from future office as separate questions, meaning that the Senate may still vote to disqualify Trump from office even after his term has ended. 

  • The 25th Amendment Should Not Be Invoked Lightly

    by Brian Kalt

    The speed with which presidential power transfers to the Vice President under the 25th Amendment is balanced by the relative ease with which the president can reclaim those powers. Is it an appropriate tool for removing Donald Trump from power (if not from office)? 

  • Was Impeachment Designed to Fail? (Review Essay)

    The Constitution, by design, stacks the impeachment deck strongly in the president’s favor. And it’s those 233-year-old design choices that dictated the Trump impeachment trial’s eventual outcome. Presidential impeachments are never a fair fight, and they weren’t meant to be.