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Constitutional Basics: Congressional Supremacy

The current presidential administration asserts so much intellectual garbage as valid constitutional theory I feel obligated to speak up. Reasonable people can, and do, disagree about constitutional interpretation. But there are limits to what can rationally be disagreed about, outside of which you’re just in a realm of cynical absurdity. Cynical because those arguing want you to believe that because

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Impeachment and Judicial Review

Recently the President suggested that the courts would intervene in his favor if Congress impeached him. Lawyers, scholars, and commentators mocked him for this because the Constitution explicitly places the power to impeach with Congress. But some of the President’s supporters, namely Rudy Giuliani and Alan Dershowitz, argue that judicial review – the power of courts to rule acts of

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