The Journal
Constitutional analysis, movement dispatches, and editorial writing on accountability — searchable, filterable, and free to read.
Abuse of Power: The Subtlety of Presidential Self-Pardon Claims
Could a President pardon themselves? This seemingly academic question delves deep into the constitutional limits of executive power, revealing a dangerous potential for abuse that the Founders, particularly Hamilton in Federalist 65, sought to prevent.
Abuse of Power: The Insidious Weaponization of Executive Privilege
Executive privilege, a constitutional shield for presidential deliberations, was tragically weaponized to obstruct justice and evade accountability in the aftermath of January 6th. This post examines how this vital doctrine became an instrument of obfuscation.
The Impeachment Paradox: When Removal Fails to Deterr Abuse
Donald Trump's two impeachments, both ending in acquittal, raise a critical constitutional question: Does the Senate's failure to convict diminish impeachment's deterrent power against future executive overreach, or does it expose a fundamental flaw in its design for contemporary
Abuse of Power: The Unconstitutionality of Prospective Pardons
Could a president preemptively pardon themselves or their associates for crimes not yet charged or even committed? We delve into the constitutional labyrinth of prospective pardons and find a definitive answer in the separation of powers.
When Is Abuse of Power 'High Crimes and Misdemeanors'?
The Constitution empowers Congress to impeach for "high Crimes and Misdemeanors." But what separates a policy disagreement from an impeachable abuse of power? We delve into the historical and constitutional precedents.
Abuse of Pardon Power: A Precedent for Constitutional Crisis?
Beyond the headlines of obstruction and insurrection, a subtler, yet equally corrosive, threat to constitutional governance emerged: the abuse of presidential pardon power. This essay unpacks its profound implications.
The Ghost of Pardons Past: Executive Immunity, Congress, and 18 USC § 1505
Could a president's pre-emptive pardon power, even if self-serving, be an obstruction of justice under 18 U.S.C. § 1505, particularly if it impedes a congressional investigation? This article explores the unsettling nexus between presidential prerogatives and congressional oversi
Abuse of Pardon Power: An Impeachable Offense?
Exploring the constitutional boundaries of the presidential pardon power, this article delves into whether its misuse constitutes an impeachable high crime and misdemeanor, distinct from traditional bribery or treason. The framers' foresight on unchecked executive power is illumi
The Impeachment Paradox: When Removal Fails to Deter
Donald Trump's impeachments ignited debates on presidential accountability. But what if impeachment, even successful impeachment, isn't enough to curb future abuses of power, and instead, exposes deeper flaws in our constitutional design?
Impeaching Pardon Power Abuse: A Constitutional Imperative
When the President’s pardon power morphs from an instrument of mercy into a shield for obstruction or self-dealing, it crosses a dangerous constitutional line. Such an abuse is not merely immoral, but demonstrably impeachable.
Serious Crimes: Why Impeachment Must Be Considered
When a President's conduct threatens the very foundations of our republic, impeachment is not merely an option but a constitutional duty. This analysis delves into three categories of major offenses demanding rigorous scrutiny.
Impeachment and the Executive: A Constitutional Inquiry
Is the impeachment of Donald Trump warranted under the Constitution? We dissect the historical and jurisprudential foundations of impeachment to answer this critical question.