• Yes, the Senate Can Try Trump

    by Keith E. Whittington

    The debates at the constitutional convention over the impeachment power don't give any suggestion that that power would be limited to current government officials. 

  • Impeach Trump, But Not for What He Said on January 6th

    by Jonathan Zimmerman

    There's ample justification for Trump's second impeachment in his pattern of disregard for democracy and efforts to subvert the vote count. But reviving the charge of incitment of insurrection opens the door to ideological prosecution and the suppression of free speech. 

  • What the Founders Would Have Done with Trump

    by Frank O. Bowman III

    "The impeachment mechanism written into the American Constitution owes its structure to a set of very specific lessons the Framers drew from British and classical history," writes a constitutional law scholar. Those lessons point to the validity of trying Trump in the Senate even after the end of his presidency.

  • Why Trump Can Be Convicted Even as an Ex-President

    by Steven I. Vladeck

    The historical record of impeachment trials suggests that they treat removal from office and disqualification from future office as separate questions, meaning that the Senate may still vote to disqualify Trump from office even after his term has ended. 

  • Trump’s Removal Is Taking Too Long

    by Tom Nichols

    Donald Trump has shown no contrition over inciting an insurrection against Congress to preserve his own power and can be presumed willing to do anything, including order the use of nuclear weapons. A single day he retains the powers of the presidency is a day too many, writes Tom Nichols. 

  • There’s an Alternative to Impeachment Or 25th Amendment for Trump, Historians Say

    by Michael S. Rosenwald

    Eric Foner discusses Section III of the 14th Amendment, which barred those guilty of engaging in or aiding insurrection against the United States from holding elected or civil office in the United States. The section has no provision for removal from office but would prevent Trump's reelection if he were found guilty of insurrection.

  • Was Impeachment Designed to Fail? (Review Essay)

    The Constitution, by design, stacks the impeachment deck strongly in the president’s favor. And it’s those 233-year-old design choices that dictated the Trump impeachment trial’s eventual outcome. Presidential impeachments are never a fair fight, and they weren’t meant to be.

  • “Patriotic” Veterans Only, Please

    by Gregory A. Daddis

    While perhaps an indication of our current toxic political environment, the attacks on “unpatriotic” veterans like U.S. Army Lt. Col. Alexander Vindman actually have a long and checkered history in post-World War II America.

  • A Union Broken With a Senate Surrender

    by Jamie Stiehm

    The real rub is that the president is changing us Americans, giving light to a dark crevice in our character. He embodies — and emboldens — baleful defiance. The great presidents, like cheerful, sunny Franklin D. Roosevelt, bring out the best in us.