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Suppose a twice-elected president sought to serve a third term despite text in the U.S. Constitution limiting presidents to two “elected” terms? Borrowing trouble? Sure, but could she succeed? Spoiler alert: Maybe so. Lawyers use fictional stories like that — called “hypotheticals” in the trade — to anticipate issues that could arise in future controversies. In Constitutional Cliffhangers, A Legal Guide for Presidents and their Enemies (2012), law professor Brian Kalt borrows six kinds of trouble in a series of what-if sho... Full story
Reams of paper have already been chewed up by lawyers arguing the constitutionality of Measure 114 (2022). Forests of paper, barrels of ink, and many pages in the calendar will be consumed before Oregonians learn whether, and to what extent, the measure’s new limitations and controls on firearms will ever be enforced. Two judges recently got the process off to a rollicking and, to some, head-spinning start. Federal District Court Judge Karin Immergut denied a preliminary request to delay implementation, ruling that o... Full story
Robocalls — I detest them. You probably do, too. If James Madison had had a cell phone when he was writing the First Amendment, he’d have pulled his powdered hair out in frustration over the frequent interruptions. These breaches of our peace and quiet were still two centuries in the future when Madison’s quill pen scratched out his first draft. Robocallers have now joined publishers, readers, debaters, protesters, dissenters and many others in claiming the guarantee of free speech that Madison helped graft to our fed... Full story