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Summoning Whitman, Yeats and Holmes to Revive America’s Democratic Spirit
The preservation of our constitutional system rests on three foundational predicates: government has only that power granted to it by...
Brenna Gerhardt
Feb 263 min read


Trump’s Assertion of Presidential Power: Beyond the Limits of Law
“He who saves his Country,” President Donald Trump wrote on social media, “does not violate any Law.” Does the Constitution, in...
Brenna Gerhardt
Feb 193 min read


Trump Defies Judicial Orders: Which Branch Has Authority to Say What the Law Is?
A U.S. federal judge in Rhode Island has declared President Donald Trump in violation of his order to release billions of dollars in...
Brenna Gerhardt
Feb 123 min read


Reassessing Presidential Power and Constitutional Limits in Trump 2.0
The Framers’ conception of the American Presidency--its central functions, powers and limits--has faded across the decades as presidents...
Brenna Gerhardt
Feb 53 min read


Time to Amend the Constitution: Corral the Presidential Pardon Power
At its best, the presidential pardon power is a tool of mercy, an instrument to correct abuses of power and miscarriages of justice. At...
Brenna Gerhardt
Jan 293 min read


Trump’s Inauguration Day Ignites Historic Legal and Constitutional Controversies
President Donald Trump’s Second Inaugural Address ignored the path of reconciliation, magnanimity and unity that distinguished the...
Brenna Gerhardt
Jan 223 min read


A Governmental Duty to Protect the Pursuit of Happiness
Election victories teem with opportunities for a new administration to renew and reform governmental institutions, revise vital areas of...
Brenna Gerhardt
Jan 153 min read


Trump’s Second Inaugural Address: The Path of Jefferson and Lincoln?
When Donald Trump assumes office on January 20, as the 47th President of the United States, he will mark the solemn occasion with an...
Brenna Gerhardt
Jan 83 min read


Remembering Jimmy Carter: A Decent, Dignified President When America Really Needed One
There is no system in place in America to dial up the president that the nation most needs at a given juncture. It is true that most...
Brenna Gerhardt
Dec 30, 20243 min read


From Charles Dickens: Advice for American Fulfillment and Reconciliation
In this season of peace and joy and celebration, accentuated in many homes by the presence of Charles Dickens’, “A Christmas Carol,”...
Brenna Gerhardt
Dec 23, 20243 min read


The Framers: Integrity and Impeachment Will Temper Use of Pardon Power
English history was constantly before the eyes of delegates to the Constitutional Convention as they stressed about the exercise of the...
Brenna Gerhardt
Dec 18, 20243 min read


Biden and Trump Have Brought the Presidential Pardon Power Center Stage
Readers’ questions about the origins and scope of the presidential pardon power, triggered by President Joe Biden’s grant of a pardon to...
Brenna Gerhardt
Dec 11, 20243 min read


Constitutional Character as Destiny
If it is true, as the Athenian philosopher Heraclitus said, that “character is destiny,” then it may be said that a nation’s constitution...
Brenna Gerhardt
Dec 4, 20243 min read


Does the U.S. President Have the Authority to Withdraw from NATO?
President-elect Donald Trump is not a fan of NATO—the North Atlantic Treaty Organization—which has been the backbone of the US-European...
Brenna Gerhardt
Nov 27, 20243 min read


Trump’s Demand for Recess Appointments Brings the Constitution and the Senate’s Role into Sharp Focus
The Recess Appointment power, seldom at the forefront of national discussion, resurfaced last week as a headline topic when...
Brenna Gerhardt
Nov 20, 20243 min read


Liberty, Justice and Civilization Depend on the Rule of Law
Presidential elections have consequences, as they say, and national airwaves are filled with voices engaging in speculation and...
Brenna Gerhardt
Nov 13, 20243 min read


Election of the Presidency Thrown to the House of Representatives: Intrigue and Mischief
James Madison, writing in August of 1823 from his home in Montpelier, Virginia, to which he repaired in what turned out be a futile...
Brenna Gerhardt
Nov 6, 20243 min read


Remembering the First Presidential Election: The Constitution on Trial
The presidential election of 1788, the first under the newly minted Constitution, was unusual and even unique in ways that 21st Century...
Brenna Gerhardt
Oct 30, 20243 min read


Direct Election, not the Electoral College, Represents the Views, Values and Interests of Voters
Our ongoing review of the origins and rationales that undergird the Electoral College reveals a central point that cannot be ignored. The...
Brenna Gerhardt
Oct 23, 20243 min read


Small States and the Electoral College: Reconsidering Chief Justifications
One of the chief justifications for the Electoral College, advanced by its advocates, is that small, lightly populated states require...
Brenna Gerhardt
Oct 16, 20243 min read
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