E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
Teaching Materials on Presidential Impeachment-- Pre-Election Edition!
JB
On twitter the other day I joked that if Trump wins, we'll have to teach our students how the Constitution failed to stop a demagogue, while if Clinton wins, we'll have to teach them how impeachment works.
I expect, however, that cooler heads will prevail. After all, if Clinton wins on November 8th,
(1) she will have just received an electoral mandate in the face of repeated charges by her political opponents that she has behaved illegally and exhaustive coverage of the relevant issues in the mass media;
(2) there will be considerable blow back by the public if Republicans waste the first 6 months of the new president's term on impeachment politics;
(3) Republicans will likely have a reduced majority in the House and therefore may be unable to whip enough votes for an impeachment resolution; and
(4) the Senate will either be controlled by Democrats or will have close to a majority of Democratic votes, thus making the result of a Senate trial a foregone conclusion. (Remember, two-thirds of the Senate must vote to convict).
Nevertheless, in the interests of civic education, here are the teaching materials on presidential impeachment that Akhil Amar and I prepared in September 1999 for our con law casebook. We removed them from the Fourth Edition for reasons of space. However, they contain discussions of most of the key issues.