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The Question of Implied Powers, Part I: The First Question of Constitutional Law
Constitutional Prehistory: The British Imperial Constitution
Welcome to Level Two!
Hello and welcome to Level Two of Constitutional Perspectives! As I said in the introduction to the entire series, the concept for Constitutional Perspectives is a series of levels, each covering the same territory (roughly, the whole of constitutional law) but in increasing depth. Level One, which was meant to
What Happens If We Lose?
It's something I've been thinking about a lot in the five days since the murder of Renee Good. Because it has become clear that the reaction to her killing, the protests, the government response, has all become a fight with broader significance. This started to become
Donald Trump Is A Traitor
Today is January 6th, 2026. Five years ago today, the Congress met, as prescribed by law, to count the electoral votes from the 2020 presidential election and certify the winner thereof. This had happened every fourth January 6th since the adoption of the Twentieth Amendment, almost always without any kind
Coda: The Life and Times of the Second Republic
Welcome back to Constitutional Perspectives! Today it is time for the final chapter of Level One. Over the last several installments, I covered the story of slavery and the Constitution. Slavery defined what I call the First Republic, from the adoption of the Constitution in 1789 through the Civil War
Civil Rights Since the Civil War
Welcome back to Constitutional Perspectives! Last time, I talked all about how the Civil War transformed the Constitution, and how the Reconstruction Amendments reflected and formalized that transformation. But I left off on an ominous note: This was seen by many at the time as completing the work. Slavery had
The Civil War and the Second Founding
Welcome back to Constitutional Perspectives! For the last few lessons, I've been telling the story of slavery and the American Constitution. Last time, our story finally reached the outset of the Civil War in 1861. Today, then, I'll be talking about how the war, and its
On the Law that Applies to Impeachment
This is a post that I am writing simply because it seems to need saying, and I feel like I am going to keep having occasion to reference it. Earlier today, Rep. Al Green (D-TX) forced a vote on an article of impeachment against Donald Trump. He does this sort
On The Nature of the Argument Against Humprey's Executor
Everyone's talkin' 'bout the removal power this week! And there's no mystery why: on Monday, the Supreme Court held arguments in a case called Trump v. Slaughter, about whether the president can fire an FTC commissioner at will. From the tenor of the oral
Slavery, Part III: The Breaking
Hello and welcome back to Constitutional Perspectives! Finally, finally, our story is going to reach the breaking of the Constitution that became the American Civil War of 1861-65. I initially thought that both of the last two lessons would have covered this entire period, but it turns out there'
Constitutional Perspectives
Slavery, Part II: From Necessary Evil to Positive Good
Welcome back to Constitutional Perspectives! Last time, we covered the sordid history of American slavery, up though the Philadelphia Convention of 1787. I talked about all the ways – some pretty apparent, some more subtle – in which the "peculiar institution" of slavery shaped the U.S. Constitution. Today I&
Constitutional Perspectives
Slavery, Part I: The Ugly History
Welcome back to Constitutional Perspectives! We left off last time on an ominous note. There's something missing from my discussion of the Constitution so far, something lurking in the shadows. You can see the same thing, the same shadowy presence, in the Constitution itself. Scattered throughout the document
Constitutional Perspectives
The Bill of Rights
Hello and welcome back to Constitutional Perspectives! We're in the home stretch of Level One now. Last time, I canvassed federalism and the federal Union. That concluded the discussion, for Level One purposes, of the structure of government. But there is, of course, another side to our constitutional
Constitutional Perspectives
Federalism, Part II: The Union
Welcome back to Constitutional Perspectives! Today I'm continuing my discussion of federalism, one of the great defining structural features of the American constitutional system. Last time, I gave you a brief primer on what these things called "states" are, exactly. Today, therefore, I'll be
Constitutional Perspectives
Federalism, Part I: The States
Welcome back to Constitutional Perspectives! Over the last few installments, I covered the three branches of the federal government – legislative, executive, and judicial – as well as the overall dynamic between those branches. That just about wraps up the structure of the federal government, at least for our purposes here in
Constitutional Perspectives
Checks and Balances
Happy Constitution Day, y'all (if it is a happy Constitution Day, which I doubt...) and welcome to another installment of Constitutional Perspectives! Over the last few lessons, I've covered each branch of the federal government in sequence: Congress, the Presidency, and the judiciary. This is a
Constitutional Perspectives
Juries!
Welcome back to a special bonus edition of Constitutional Perspectives! The last installment covered the power, structure, and character of the federal judiciary. But I realized that I left something out. I told you all about the judges. But our country has another kind of judicial body as well: the
Constitutional Perspectives
The Federal Judiciary
Welcome back to Constitutional Perspectives! Over the last few installments, I've (briefly) canvassed the structure and powers of the legislative and executive branches of the federal government. Today, then, it is time to tackle the third branch: the federal courts, also known as the judiciary. I suspect the
Constitutional Perspectives
The Powers of the Presidency
Welcome back to Constitutional Perspectives! This is the second of two lessons in Level One about the Presidency. Last time I covered the structure of the Presidency; today, I'll be discussing the powers of the office. At the outset it is helpful to observe that presidential powers fall
Housekeeping
Note on Constitutional Perspectives Titles
Hi all! This is a small housekeeping note accompanying today's Constitutional Perspectives lesson. When I published my two lessons on the structure and powers of Congress, their titles began with "Article I:" You might therefore have expected today's lesson to be titled "Article
Constitutional Perspectives
The Structure of the Presidency
Welcome back to Constitutional Perspectives! Last time we talked about the powers of Congress. That means today it is time to discuss the executive branch and the presidency. As with Congress, this will be split into two lessons, the first of them covering the structure of the institution, the second
Constitutional Perspectives
The Powers of Congress
Welcome back to Constitutional Perspectives! Last time, I canvassed the structure and composition of the United States Congress. Today I'll be looking instead at the powers of Congress. This will round out our examination of Article I, at least for the purposes of Level One. (There will, of