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Full-Text Articles in Law
Do We Intend To Keep Our Republic?, John M. Greabe
Do We Intend To Keep Our Republic?, John M. Greabe
Law Faculty Scholarship
[Excerpt] Commentators recently have reminded us of a famous statement Benjamin Franklin allegedly made upon exiting Independence Hall on the final day of the 1787 Constitutional Convention. When asked whether the proposed Constitution would establish a monarchy or a republic, Franklin supposedly answered: "A republic, if you can keep it."
The anecdote, which both inspired the title of Supreme Court Justice Neil Gorsuch's recent book and was recounted by Speaker of the House Nancy Pelosi when she announced the impeachment inquiry into the conduct of the president, reminds us that our republican form of government is not to be taken …
Racism And Impeachment Power, John M. Greabe
Racism And Impeachment Power, John M. Greabe
Law Faculty Scholarship
[Excerpt] “Does racism constitute a legitimate basis for removing a president? More generally, what is the scope of Congress's removal power?
”In all but the most extraordinary circumstances, the remedy for incompetent political leadership -indeed, even abhorrent political leadership lies in the next election. But the Constitution does provide Congress with tools to remove certain federal officeholders between elections.”
Norms, Law And The Impeachment Power, John M. Greabe
Norms, Law And The Impeachment Power, John M. Greabe
Law Faculty Scholarship
[Excerpt]
"Most experts believe that, while a president can be criminally prosecuted after leaving office, he cannot be prosecuted while he is president. And while the president may be sued civilly while holding office, the office confers powerful immunities and other constitutional defenses that are unavailable to ordinary civilian defendants."