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5 Feb 2024, 5:05 am by Will Baude
§2383, which covers participation in rebellion or insurrection, and which provides that those found guilty "shall be incapable of holding any office under the United States. [read post]
4 Feb 2024, 5:57 pm by Bruce Ackerman
  Reed then explicitly rejects the Lederman view, in a discussion which concludes:   The United States is a constitutional democracy. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  The Positions Clause [1] employs the catch-all term “office, civil or military, under the United States,” whereas the Officials Clause [2] uses the catch-all term “officer of the United States. [read post]
2 Feb 2024, 2:30 am by Will Baude
"  Another may examine the suggestion that even if Trump is constitutionally disqualified from being President of the United States, that does not mean he is constitutionally ineligible to be elected as President of the United States. [read post]
31 Jan 2024, 7:10 am by Marty Lederman
House of Representatives and the Senate already have determined that Donald Trump’s conduct on January 6, 2021 “warrants … disqualification to hold and enjoy any office of honor, trust, or profit under the United States. [read post]
30 Jan 2024, 9:05 pm by renholding
Numerous studies show that Chevron deference is currently the exception rather than the rule, and since 2001’s United States v. [read post]
30 Jan 2024, 9:02 pm by renholding
”[2]  In that same policy, the Commission articulated its belief “that a refusal to admit the allegations is equivalent to a denial, unless the defendant or respondent states that he neither admits nor denies the allegations. [read post]
By: Mayel Tapia-Fregoso In the United States, copyright law protects original works of authorship that are fixed in a tangible medium. [read post]
29 Jan 2024, 3:42 pm by Jonathan H. Adler
United States, a 5-4 decision from 2012 in which the Court concluded that many state actions to enforce federal immigration laws are preempted. [read post]