by David Tollen | Jan 10, 2021 | The Early Modern Age, The Recent Modern Age, Current Politics, Legal History
The Constitution says nothing specific about whether Congress can impeach an official after his or her term. That didn’t stop the House of Representatives from impeaching the Secretary of War in 1876, after he left office — or the Senate from trying him....
by David Tollen | Jan 10, 2021 | The Early Modern Age, The Recent Modern Age, Current Politics, Legal History
The Framers of the Constitution based the presidential pardon on the English monarch’s power to grant pardons. And the monarch could not pardon himself — could not use executive power to escape the judgement of the courts. Parliament established that...
by David Tollen | Oct 30, 2020 | The Recent Modern Age, Current Politics
In a second term, the ballot box would no longer restrict Trump. So we can expect: Expanded use of the Department of Justice (DoJ) against the President’s opponents, including members of Congress. More use of force against protesters. Federal tolerance of crime...
by David Tollen | Jan 30, 2020 | The Recent Modern Age, Legal History
Under the Constitution, the Vice President presides over the Senate — except during presidential impeachment trials. The Vice President would inherit the President’s position if the trial led to conviction, so the Founders feared the VP’s bias. Who...
by David Tollen | Jun 29, 2017 | The Early Modern Age, The Recent Modern Age
George Washington infused the American presidency with his personal dignity and restraint. That may seem a hazy contribution, but it has shaped our nation. “President” was a new title for a head of state in 1789, and no well-known republic had ever created...
