No, President Trump, You Are Not Above the Law
The Constitution gives the president broad powers to pardon people and direct Justice Department investigations — but it does not give him the power to undermine the democratic safeguards enshrined there.
Masterpiece Cakeshop and Protecting Both Sides
By Thomas C. Berg & Douglas Laycock: The classic American response to deep conflicts like that between gay rights and traditional religious faith is to protect the liberty of both sides
To End A Presidency
Take Care is pleased to host a symposium on 'To End A Presidency: The Power of Impeachment'—a new book by Larry Tribe & Joshua Matz.
Impeachment as Punishment
There is an important connection between impeachment and criminal law. Not in technical or legalistic doctrinal nuances, but rather in the core purposes underlying these two domains.
How Do We Check the President?
If impeachment is impossible and even talk of impeachment can be destructive, how do we check a president who is violating the Constitution?
Risk-Risk Tradeoffs in Presidential Impeachment
Presidential impeachment involves risk-risk tradeoffs. While some of these risks might be mitigated, and while all deserve to be identified and weighed, the basic dilemma is inescapable.
Law and Farce: The Forced Separation of Families
DOJ’s view is, apparently, that the law requires DHS to separate children from parents when families cross the border together. This post highlights some of the reasons why that's wrong.