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16 Dec 2019, 4:30 am by Keith E. Whittington
The Constitution specifies that the "Senate shall have the sole Power to try all Impeachments," and that when "sitting for that Purpose, they shall be on Oath or Affirmation. [read post]
5 Dec 2019, 1:33 pm by Keith E. Whittington
Representative Matt Gaetz was widely mocked yesterday for suggesting during the impeachment hearing that "maybe it's a different president we should be impeaching," by which he meant the one who left office in January 2017. [read post]
25 Nov 2019, 9:39 am by Josh Blackman
, which led me to seat-of-the-pants speculation on a most senior justice substitution in case of C.J. disability — Keith E. [read post]
29 Jul 2019, 7:55 am by Howard Bashman
“Academic Freedom, Even for Amy Wax”: Keith E. [read post]
27 Jun 2019, 6:30 am by Guest Blogger
  Many of the so-called "New Originalists," including Randy Barnett, Keith Whittington, and myself, affirm a distinction between "Interpretation" (discovering the meaning of the text) and "construction" (determining the legal effect given to the text). [read post]
25 Jun 2019, 6:30 am by Guest Blogger
Whittington makes clear that there must be political reasons for political actors to accept the Court as the ultimate interpreter of the Constitution. [read post]
8 Jun 2019, 4:47 am by Hadley Baker, Vishnu Kannan
In light of renewed calls for impeachment, Keith E. [read post]
5 Jun 2019, 6:30 am by Guest Blogger
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).Gary LawsonI came of intellectual age in the Southern California libertarian hotbed of the late 1970s. [read post]
4 Jun 2019, 12:29 pm by Vishnu Kannan
ICYMI: Yesterday on Lawfare Keith E. [read post]
29 May 2019, 5:00 am by Keith Whittington
I would feel more confident in the health of universities if commencement addresses were understood to be an opportunity to stimulate the mind and open a window into the world of ideas to which the students had been exposed on campus, if the thought of inviting a member of the E Street Band or the star of a television sitcom to deliver the commencement address were beyond the pale, and if commencement season were not an annual reminder why large segments of the country view universities as… [read post]