Government,
Constitutional Law
Feb. 13, 2018
The president and the law
Law professors and lawyers must provide clear answers on president questions.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
As I taught separation of powers in my constitutional law class this semester, I realized how much several distinct issues have been conflated in the discussions concerning President Donald Trump. Can a president engage in the crime of obstruction of justice? Can a sitting president be indicted? What is the standard for impeachment? Is there reason to believe that Trump has committed impeachable offenses? Each question requires separate analysis; for some there is a c...
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