Constitutional Rights vs. Federal Cops in Portland

Military exiting vehicle with guns drawn

In recent days the Department of Homeland Security has dispatched federal law enforcement officers to Portland, scene of more than 50 consecutive nights of protests. As genuine as the problem of violence and disorder in Portland may be, some of the practices being alleged are simply not acceptable ways for the American government to act and, if proven, should not be allowed to stand. Americans won’t, and shouldn’t, put up with anonymous, arbitrary, and unaccountable police behavior.

Coronavirus and the Constitution II

Brown gavel next to medical masks on marble background

Seven weeks into nationwide shutdowns, people are feeling restless. Have some governors and mayors gone too far, as a constitutional matter, in telling people to leave public parks, roping off “nonessential” goods in big‐​box stores, and other examples that have gotten national attention? Can we be required to wear masks in public? Please join constitutional scholar Randy Barnett, in conversation with Ilya Shapiro, for an online forum to discuss these and other issues.

Indispensable Remedy: The Broad Scope of the Constitution’s Impeachment Powers

Presidential impeachments are rare in American constitutional history: in the 230 years since ratification, only three presidents have faced serious attempts to remove them from office. A new paper from Cato scholar Gene Healy examines the myths surrounding impeachment, such as it’s restricted to purely criminal abuses. But the remedy James Madison described as “indispensable…for defending the community against the incapacity, negligence, or perfidy of the Chief Magistrate” isn’t limited to violations of the law or abuses of official power. The power to impeach, writes Healy, “should never be invoked lightly, but neither should Americans fear to wield it, should it become necessary.”

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