High Crimes and Misdemeanors

February 9, 2024

The U.S. Constitution lays out our system of checks and balances among the branches of the federal government as a way to ensure no branch would become too powerful.  The ultimate check on the executive branch is the impeachment clause in Article II, Section 4:…

The Colorado Supreme Court’s Removal of President Trump From the Ballot Is an Egregious Threat to the Rule of Law

December 27, 2023

On Tuesday, the Colorado State Supreme Court ruled that President Donald Trump was ineligible to appear on the state’s Republican presidential primary ballot due to his supposed violation of the “insurrection clause” of the 14th Amendment. This decision, which overturned a previous state appellate court…

Living Constitutionalism

August 11, 2023

In addition to textualism and originalism, there is another theory of constitutional interpretation: living constitutionalism. Living constitutionalism, sometimes called pragmatism, is often described as a more progressive method of constitutional interpretation. The primary aim of this method is to ensure that rulings always favor the…

Constitutional Interpretations

August 11, 2023

Ever since the inception of our constitutional system, there have been a wide array of different theories regarding how the Constitution ought to be interpreted. Textualism—arguably the most basic theory—holds that one ought to interpret the Constitution solely by its text. Thus, textualism requires an…

What does the 14th Amendment have to do with the debt ceiling? Nothing, despite some Senate Democrats’ suggestions otherwise.

May 19, 2023

The debt limit is the amount of money the government is authorized to borrow in order to meet its existing legal obligations.  The current legal debt limit is $31.4 trillion, and since January 19, 2023 the Department of Treasury has engaged in “extraordinary measures”…