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Constitution Tag

A post-departure Senate impeachment trial of a former President is unconstitutional. Just read the plain text of the constitution, which talks of a trial of the president, not a former president. None of the opinion to the contrary explains the absense of the word "former" (or similar) in the text of the constituational impeachment provisions.

The U.S. House will be voting today to impeach Trump. It's a done deal because Democrats have the majority, and probably will get about 20 Republicans to join them. Then it eventually heads to the Senate for trial, where Mitch McConnell has said the earliest a trial could be held under Senate Rules (unless there is unanimous consent to waive them, which will not happen) is an hour after Biden takes office on January 20.

Dr. Anthony Fauci sat for an interview about the pandemic this week and said that even though Americans have an independent spirit, "now is the time to do what you’re told." That should go over well with millions of Americans who have already had pandemic fatigue for months now.

There are rumblings that Kamala Harris may not be eligible to be Vice President under the 12th Amendment, by virtue of her not being eligible to be President since she is not a 'natural born Citizen' ("no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States").

Why do so many people, Democrat and Republican alike, assume that felons released from prison will vote Democrat, and that a Florida ballot initiative that passed in 2018, restoring voting to ex-felons, would help Democrats? It's not clear that's true, at least not to the extent people assume.

Howdy! We're super excited about our first ever live (online) event. The discussion was hosted by moi, Legal Insurrection's Senior Contributing Editor and the Director of Operations and Editorial Development for the Legal Insurrection Foundation, Kemberlee Kaye. Legal Insurrection publisher and Cornell Law Professor, William Jacobson headed up the discussion.