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26 Jul 2021, 9:01 pm by Neil H. Buchanan
The Legal Analysis: All the Ways that the Debt Ceiling is UnconstitutionalNot all bad policy is unconstitutional, of course, but fortunately, there are incontrovertible legal reasons that the debt ceiling cannot be used as the Republicans plan to use it.One reason was summarized by Professor Laurence Tribe over the weekend:Sec. 4 of the 14th Am prohibits any default on Treasury’s obligations. [read post]
27 Jan 2021, 9:01 pm by Neil H. Buchanan
One particularly good op-ed discussing this question was penned by Professor Laurence Tribe, who forcefully responded to a contrarian (or, more accurately, a crankish) view that had been advanced by a retired federal judge.As Tribe and others have shown, all of the ways in which we understand and interpret the Constitution lead to the conclusion that Trump can be convicted after a Senate impeachment trial. [read post]
13 Sep 2012, 9:00 am by David Bernstein
First, while I have a great deal of respect for Jed Rubenfeld and Laurence Tribe, I don’t find their adoption of the “Lochner as redistribution” thesis terribly compelling. [read post]
9 Apr 2021, 10:27 am by Amy Howe
Slaughter Professor of Law at Yale Law School Richard H. [read post]
14 Aug 2007, 4:12 pm
I believe in his 1988 lecture, Justice Scalia cited Laurence Tribe as an example. [read post]
15 Aug 2017, 4:16 am by SHG
“Teaching the Constitution has never felt more urgent, like unraveling a mix of ‘Apocalypse Now’ and ‘Alice in Wonderland,’ but with the highest possible stakes,” said Laurence H. [read post]
27 Apr 2022, 9:01 pm by Neil H. Buchanan
From a misreading of the Twelfth Amendment.In late September 2020, I co-authored a Verdict column with Professors Michael Dorf and Laurence Tribe, in which we showed that the clear text of the Twelfth Amendment did not support the Trumpists’ scheme. [read post]
8 May 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
The constitutional crisis caused by the Republicans’ attempts at extortion via the debt ceiling has now increased from a simmer to a boil. [read post]