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Articles sur Constitutional law

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If the House of Representatives selects the president, each state would get a single vote – not one vote per House member. iStock/Getty

Congress could select the president in a disputed election

Judges are generally reluctant to decide elections, as the Supreme Court controversially did in 2000. As a result, Trump's flurry of litigation could wind up throwing the election to the House.
The Supreme Court will soon add another originalist to its ranks if Judge Amy Coney Barrett is confirmed. Stefani Reynolds/Getty Images

What is originalism? Debunking the myths

The judicial theory has been a major talking point during the past three Supreme Court nominations. But what does it actually mean?
If the House of Representatives selects the president, each state would get a single vote – not one vote per House member. iStock / Getty Images Plus

How Congress could decide the 2020 election

Biden and Trump are both preparing for a court battle in November. But when the Electoral College produces no clear winner, it's the House of Representatives that's supposed to select the president.
People gather outside the U.S. Supreme Court building as news spread of Associate Justice Ruth Bader Ginsburg’s Sept. 18 death. AP Photo/J. Scott Applewhite

3 ways a 6-3 Supreme Court would be different

A 6-3 conservative court will hear a broader range of controversial cases, shift interpretations of individual rights and put more pressure on local democracy to make policy decisions.
A protester during an anti-mask rally on July 19 in Indianapolis, Indiana, against the mayor’s mask order and the governor’s extension of the state shutdown. Jeremy Hogan/SOPA Images/LightRocket via Getty Images

The Constitution doesn’t have a problem with mask mandates

A constitutional law scholar says that the arguments made by anti-mask protesters that the Constitution protects their freedom to go maskless are just wrong.
Colorado Attorney General Phil Weiser presenting via telephone during oral argument before the Supreme Court on May 13, 2020 in Denver, Colorado. RJ Sangosti/MediaNews Group/The Denver Post via Getty Images

Supreme Court phoning it in means better arguments, more public engagement

The Supreme Court's pandemic-related move to oral argument over the telephone has improved those arguments and allowed the public to engage with these discussions of the meaning of our Constitution.
In an official White House photo, President Donald Trump stands alone. Shealah Craighead/White House

Trump, like Obama, tests the limits of presidential war powers

Both President Trump and President Obama used military force without informing Congress, or getting its approval. But the differences reveal more than the similarities.
Republican lawmakers are seen as Speaker of the House Nancy Pelosi (D-Calif.) oversees a vote on the second article of impeachment against President Donald Trump in the House of Representatives, Dec. 18, 2019. Matt McClain/The Washington Post via Getty Images

Congressional Republicans abandon constitutional heritage and Watergate precedents in defense of Trump

An expert on Watergate says that today's House Republicans have taken precisely the opposite position than the GOP took in 1974 on the president's power to withhold documents from Congress.
President Donald Trump arriving at the Rose Garden, May 22, 2019, in Washington. AP/Evan Vucci

The Constitution dictates that impeachment must not be partisan

Politics have pervaded the debate about whether Congress should impeach President Trump. One legal scholar says that whether to impeach – or not – should not be viewed as a political question.
Pages from Robert Mueller’s final report on the special counsel investigation into Donald Trump, which show heavy redaction by the Department of Justice. AP Photo/Jon Elswick

Did Trump obstruct justice? 5 questions Congress must answer

Mueller's report describes more than a dozen times Trump may have broken the law. Here's how Congress will decide whether the president obstructed justice during federal probes into his presidency.
Attorney General William Barr at an April 18 press conference about the public release of the special counsel’s report on Donald Trump. AP Photo/Patrick Semansky

What happens next with the Mueller report? 3 essential reads

The full report on the special counsel's Trump investigation has now been made public. As people, Congress and prosecutors nationwide dig into Mueller's findings, here are three key issues to watch.
Presidents have traditionally given Oval Office addresses during only the gravest of crises. AP Photo/Carolyn Kaster

Trump calls border a ‘crisis of the soul’: 3 scholars react to his Oval Office address

We asked experts on ethics, constitutional law and European political history to analyze Trump's Oval Office address. Here's what they heard in his speech about 'crisis' at the US-Mexico border.

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