Legal Scholars

"President Mills was a tireless defender of democracy in West Africa and across the continent, and he will be greatly missed."

"Strong advocate for human rights and for the fair treatment of all Ghanaians."

"On a personal level his moderation and integrity stood out."

"I salute the guardian of institutions and the defender of Ghanaian democracy...committed to protecting national unity and profoundly attached to African unity and to the place of Africa within the international community."

"President Mills will be remembered for his statesmanship and years of dedicated service to his country."

"This is the saddest day in our nation's history. Tears have engulfed our nation and we are deeply saddened and distraught. I never imagined that one day that it would place our nation in such a difficult circumstance. I'm personally devastated, I've lost a father, I've lost a friend, I've lost a mentor and a senior comrade. Ghana is united in grief at this time for our departed president."

"It will be my duty as president to heal wonds and unite our dear nation"

"It is my prayer and hope that we shall continue to preserve and maintain the peace, remain united and focused as people with one destiny"

"My government was elected to serve the nation and would therefore ensure that the nation's wealth, which is not for me or members of my administration is well distributed."

"I would not spare any government official be it .past or present, who would be found guilty of embezzling state funds."

"I have always said that I will be President for all Ghanaian whether they voted for me or not and without consideration for which part of the country they come from."I"

"A nation that does not honor its heroes is not worth dying for."

"My doors are always open, we’ll make sure to provide the resources and make the necessary contacts. As a Government, we’ll give you the fullest support."

"Let us all work together as one people with a common destiny to build a better Ghana"

"...we are going to ensure that there is peace before, during, after the election, because when there is no peace, it’s not the elitists who will suffer, it’s the ordinary people who have elected us into office."

"[About unfair methods of competition:] What are the dimentions on which firms are or are not permitted to compete? Should we be having firms competing on who can surveil users the best or who can undercut their workers the most, or do we want to be having companies compete on dimentions or privacy that are actually better serving consumers or workers?"

"Tribe has a history of plowing into high-profile environmental cases, typically on behalf of major industry clients like Co. He has fought other Clean Air Act regulations, and for about a decade tried to undermine a key provision of the cleanup law as unconstitutional. In nearly all of those instances, Tribe has been unsuccessful in court."

"That body of materials, unlike the Constitution itself, is massive and continuously growing... and changing... Many capable scholars have argued that this elaborate edifice is entitled to great respect as the "law" of our Constitution, "law" whose legitimacy ironically is in many ways easier to defend than is the legitimacy of the underlying text itself, and whose role in enabling the Constitution to carry out the important functions in our history is not difficult to demonstrate."

"[M]y reference to an "invisible" Constitution should not be confused with the way some... are prepared to disregard all or part of the Constitution in times of crisis, real or manufactured. My interest... is in what... the Constitution's words cannot hope to reveal. I'll leave for another day the views of some that—because the Constitution is not... a "suicide pact"—we should sometimes act as though parts of what it says have conveniently become invisible."

"I think it very important that you view the vacancy created by Justice Souter's resignation as an opportunity to lay the groundwork for a series of appointments that will gradually move the Court in a pragmatically progressive direction. Neither Steve Breyer nor Ruth Ginsburg has much of a purchase on Tony Kennedy's mind. David Souter did, and it will take a similarly precise intellect, wielded by someone with a similarly deep appreciation of history and a similarly broad command of legal doctrine, to prevent Kennedy from drifting in a direction that is both formalistic and right-leaning on matters of equal protection and personal liberty."

"When Justice Stephens leaves, you might consider... about whom... I know less than I'd like... or someone like Kathleen Sullivan, who might well be worth fighting for in that crucial seat."

"For the Souter seat, I can't think of anyone nearly as strong as Elena Kagan, whose combination of intellectual brilliance and political skill would make her a ten-strike... I've known and worked for her... since she was my student and research assistant in the 1980s, have watched her become a scholar of the first rank and a star... teacher, and have marveled at how skillfully she transformed a school that had long been considerably less than the sum of its parts into a vibrant and wonderful place for students to learn and for faculty to teach, write, and collaborate. Her techniques for mastering the substance of the many fields in which we have made important new faculty appointments during her tenure as dean and for gently but firmly persuading a bunch of prima donnas to see things her way in case after case—techniques she has deployed with a light touch and with an open enough mind to permit others to persuade her from time to time—are precisely the techniques I can readily envision her employing not just with Justices like Kennedy but even with a justice like Alito or, on... rare occasions, with a justice like Scalia or Roberts."

"It's easy to underestimate how much difference David Souter's analytical prowess and historical command have made within the Court over the past 19 years in shaping both the language of other justice's opinions and on occasion their votes in important lines of cases. Elena Kagan seems to be uniquely suited to perform that task, and to perform it for the next thirty years or longer. Dianne Wood—who is more powerful intellectually than Sonia Sotomayor or any of the others mentioned as plausible prospects... with the sole exception of Kagan, who is even smarter—would be likely to serve nearly a decade less than Elena and doesn't appear... to have the dynamic personality or the extraordinary diplomatic gifts for inspiring confidence and for moving others that have made Elena Kagan the best dean of any major law school in memory and certainly the best Harvard dean in the forty years I have spent on the faculty here."

"[I]t's easy to forget how much difference the public face of the Supreme Court can make in advancing a humane and yet suitably cautious conception of the rule of law and the role of courts in the pursuit of justice. That's a facet of the Court's role to which few justices over our history have made much of a contribution, given the significant limits on what a sitting justice can suitably say in a public forum. Louis Brandeis, Earl Warren, and Robert Jackson might be cited as exceptions. David Souter certainly couldn't be credited with success in that role, although the conspicuous modesty of his personal style was a plus... Elena Kagan would, however, combine that personal modesty with an appealing public persona and would project a well-grounded image of justice as fairness and of law as codified common sense. In that regard... a Justice Kagan would be a much more formidable match for Justice Scalia than Justice Breyer has been—and certainly than a Justice Sotomayor or a Justice Wood could be—in the kinds of public settings in which it has been all too easy for Scalia to make his rigid and unrealistic formalism seem synonymous with the rule of law and to make Breyer's pragmatism seem mushy and unconstrained by comparison. It is important... for the simultaneously progressive and yet principled, pragmatic and yet constrained, approach to law and justice that you have espoused... since becoming president, to be embodied in the person and voice of your first Supreme Court nominee. Elena Kagan would personify that approach and would ultimately be seen by the American public to exemplify it."

"For all these reasons, I hope you will reach the conclusion that Elena Kagan should be your first nominee to the Court. ...I can hardly contain my enthusiasm at your first hundred days. I don't underestimate the magnitude of the challenges that remain, and I... hope that I can before too long come to play a more direct role in helping you meet those challenges, perhaps in a newly created DOJ position dealing with the rule of law, but my main sentiment... is one of enormous pride and pleasure in being an American at this extraordinary moment in our history."

"American Constitutional Law... final chapter... "The Problem of State Action," grappled with one of the most perplexing aspects in the law of the U.S. Constitution: its character as a body of law addressing not ordinary private conduct but only government conduct. ...[T]he law of the Constitution is a kind of meta-law. ...many instances of what might be regarded as government inaction pose troubling constitutional questions. ...[T]he Supreme Court has generally interpreted constitutional provisions as having nothing at all to say about non-governmental choices. ...One might ...say that the constitutional principle limiting the Constitution’s reach to "state action" is an unwritten command ...essentially "heard" in the sounds of constitutional silence. ...I closed the book with the question: "[I]s it not fitting that a book about the Constitution should close by studying what the Constitution is not about?""

"[T]here are plenty of things besides private action that the Constitution is "not about.""

"[M]any of the most important Supreme Court decisions take the form of holding that a particular limit either has not been exceeded or, more fundamentally, that the asserted limit is not in fact part of the Constitution at all."

""[C]onstitutional silence"... pervades all of constitutional law."

"[M]uch of what our Supreme Court does involves filling in the "great silences of the Constitution"..."

"[T]he "dormant Commerce Clause" [is] a set of unwritten constitutional principles limiting state commercial regulation in the face of congressional silence coupled with the Constitution’s delegation to Congress of the power to regulate interstate commerce."

"[C]onstitutional silences, like silences of other kinds, aren’t just occasional gaps or omissions in an otherwise-seamless design. They’re everywhere and come in as many flavors and varieties as sounds. Ambiguity and multiplicity of meanings are in a sense manifestations of silence."

"There are as many reasons to be silent as there are to speak, and as many ways to hear meaning in the sounds of silence."

"Every sentence, every phrase, is in part silent with respect to how a reader or listener is to go about attributing meaning to it..."

"[W]e should beware of "hearing" silences where nearly all readers, setting aside how they would like a particular controversy to end, identify determinative text... "The heart has its reasons," as Pascal famously said, "that reason does not know." Good enough. And those heartfelt reasons deserve a hearing. But when they defy reason, the meaning of living by the rule of law is that reason should prevail."

"[A]ttempting to organize and give structure to the study of legal silence has been a primary purpose of much of what I have written and taught over the past half-century."

"Impeachment haunts Trumpland... Never before has an American leader so quickly faced such credible, widespread calls for his removal..."

"[I]mpeachment does not require proof of a crime... The argument that only criminal offenses are impeachable is deeply and profoundly wrong. It misunderstands the Constitution, U.S. history, and the nature of criminal law in important ways."

"Impeachment requires good judgment amid uncertainty, not a preprinted checklist of relevant considerations..."

"[W]e’re skeptical that so-called "impeachment precedent" commands deference apart from its power to persuade future generations. Congress isn’t bound by its own prior decisions."

"While "high Crimes and Misdemeanors" was a term of art dating to 1386, and had thus accumulated centuries of intellectual baggage, there's no reason to think the Framers had all that in mind."

"[H]igh Crimes and Misdemeanors... involve corruption, betrayal, or an abuse of power that subverts core tenets of the U.S. governmental system. They require proof of intentional, evil deeds that risk grave injury to the nation. Finally, they are so plainly wrong by current standards that no reasonable official could honestly profess surprise at being impeached."

"[I]t would be strange to pretend we can discuss "high Crimes and Misdemeanors" today without any reference to Donald Trump..."

"Warring partisan tribes now define a dysfunctional system..."

"Americans have moved into ideological echo chambers... everything they read or hear reinforces their predispositions and makes them more intolerant of opposing views..."

"We would hope that this book would be a point of reference for people, as well as a enjoyable read, twenty... twenty-five years from now, we wrote it... for the ages. I've been teaching for almost fifty years, and I didn't want to write a book about just one president, especially a president who is so far off the charts as this one. We may have more like him, though, and we need to be able to reason together, as Lyndon Johnson... used to like to say... about what it should take to bring a president down. ...[T]here are other ways of trying to reign him in, and we have by no means exhausted them. I'm involved, as is my coauthor [Joshua Matz], with a number of lawsuits against this president for violating the anti-corruption or s of the constitution, and for violating the constitution in a lot of ways."

"If we eventually win in the Supreme Court, and Trump thumbs his nose at the court and defies it, ...and there is some reason to think he might just do that, because he seems to believe he's above the law, then the whole system will collapse unless he is impeached and removed. But I am... more confident... that even people on his side of the political aisle, who seem completely spineless when it comes to reigning him in now, might get religion at some point, and might conclude, enough is enough. We just can't hitch our wagon to this guy's falling star any longer."

"There have been impeachment talk... about Truman, Jackson... even about Jefferson, but the really serious efforts in our history have been efforts after the Civil War, beginning with Andrew Johnson and then continuing with Nixon and Clinton and now perhaps... Trump."

"[T]he framers were deliberately vague. They didn't want to limit it to treason and bribery because they knew that there were other things that could so violate the basic structure of our constitution, of checks and balances, that they couldn't even predict in advance. So they wanted a general term that would refer to profound abuses of power that threaten the rule of law. Those needn't be crimes. For example, if the president promises to pardon anybody who beats up one of his opponents, or beats up a non-white immigrant, and basically says, "All of you guys have a get out of jail free card." That would be a manifestly impeachable offense, but it wouldn't be a crime. At the same time there are some crimes that are not high crimes and misdemeanors in the sense that the framers used that language, like tax evasion. ...[I]f this president is evading his taxes, that's not an abuse of his official powers. But they resisted going even further and making it a complete free-for-all. That is, at one point they debated making maladministration... impeachable... Well, that could mean any disagreement with the president. There are some countries that say that misconduct is... impeachable... There are some states that, in application to their governor say that misbehavior is... impeachable... Well that would mean that any time the Congress disagrees profoundly with the president on policy... Suppose it passes a law, he vetoes it, they can't override the veto, but if they basically say... we were right and you were wrong, they could just impeach him. ...An effort of that kind was made with President John Tyler. They thought he vetoed too many bills, and that was the impeachable offense. So the framers of the constitution struck a balance and left the judgement to us. They didn't try to create a formula for what was an impeachable offense, but they didn't just say any time you disagree with president, the thing to do is impeach him and try to remove him. They struck a balance in between, and a pretty good one, although it's one that leaves a huge amount of judgement to... we the people."

"[T]he lesson from the Clinton impeachment is that purely partisan impeachments for offenses like lying under oath about a sexual affair, that don't really shake the Republic and threaten our ability to abide by the rule of law in general; that those kinds of impeachments are going to fail in the Senate and only embolden and empower the acquitted president. So Clinton's popularity just soared after the impeachment was rejected by the Senate. The Andrew Johnson impeachment is rather different. In that one, where he came within one vote of being convicted, most historians have concluded that the impeachment was terribly partisan, that it wasn't based on any real abuse. The basic charge on which he was impeached was his decision to fire the , , without the consent of the Senate, in violation of... the Tenure of Office Act. Now that was a technical basis that was cooked up, and it wasn't a very good one, because the... Act, not long afterward was struck down as unconstitutional. The president should not have to consult the Senate for firing a cabinet member. But there was a good reason that could have been used in his case. He was fundamentally trying to undo the Union victory in the Civil War. He was unwilling to pursue Lincoln's program of Reconstruction and he was going to be essentially open to all but re-enslaving African-Americans. His programs.. policies... practices showed that he was ripping the country apart, rather than helping to cement the Union that Lincoln had successfully preserved. That wasn't a crime, but it was what the constitution elegantly calls a high crime or misdemeanor and if he had been charged with that... a conviction in the Senate would have been more likely, and more appropriate. So the lesson... is that we should revisit our history, and not simply take the standard views of it as automatically right, and that we should be careful when we use the impeachment power to frame the right reasons for going after a president who has fundamentally broken his compact with the American people and his oath under the constitution."