For Tuesday, Davidson, ch. 14
For a week from today, which domestic issues do you want to discuss?
Don 't forget your weekly writeups.
Supreme Court Nominations (355-356)
Fortas roll call
In hearings, senators try to get judicial nominees on the record. NOTE WHAT ALITO SAYS (START AT 18:45) ABOUT STARE DECISIS.
Feinstein stepped in it when ACB was up for Court of Appeals
Merrick Garland and "the Biden Rule"
Gorsuch and the nuclear option
Merrick Garland and "the Biden Rule"
Gorsuch and the nuclear option
KBJ
Blue Slips and Senatorial Courtesy (Davidson, 357)
Applies to US Attorneys: a case in progress right now.
The Trump record on the courts (Davidson 357)
Scandal
Watch Santos expulsion and Menendez resignation
- Treason
- Bribery
- High Crimes and Misdemeanors
- Precedent from England?
- Gerald R. Ford 1970: "An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history.”
Andrew Johnson Impeachment -- see esp. Article Ten
Impeachment v. Bill of Attainder
Impeachment v. Bill of Attainder
The House
- "Due process" does not apply.
- The Fifth Amendment says no person shall "be deprived of life, liberty, or property, without due process of law." Impeachment merely removes a person from office.
The Special Case of the President
- The "take care" clause
- At Harvard Law Review, Andrew Kent.Ethan J. Leib, and Jed Handelsman Shugerman have an article titled "Faithful Execution and Article II." From the abstract:
Article II of the U.S. Constitution twice imposes a duty of “faithful execution” on the President, who must “take Care that the Laws be faithfully executed,” and take an oath or affirmation to “faithfully execute the Office of President.
