Impeaching a Former President Is Plainly Constitutional

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan argues that the text of the Constitution makes clear that Congress has the power to impeach and convict Donald Trump, even though he is no longer President. Buchanan describes the unambiguous textual support for this conclusion, which Buchanan (and others) argue is also amply supported by the Constitution’s purpose, structure, and other interpretive approaches.

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Commonwealth v. Manolo M.

Docket: SJC-12967

Opinion Date: January 26, 2021

Judge: Kafker

Areas of Law: Criminal Law

The Supreme Judicial Court held that "a first offense of a [minor] misdemeanor" in Mass. Gen. Laws ch. 119, 52 refers to a first episode of minor misdemeanor level misconduct. Four juveniles with no prior offenses were charged with several offenses, including several minor misdemeanors and a felony charge of inciting a riot, all arising from the same episode. A juvenile court judge dismissed the charges of inciting a riot against all three juveniles and decided not to immediately arraign on the minor misdemeanor charges. At issue was which of the charges constitutes a first offense of a minor misdemeanor pursuant to Mass. Gen. Laws ch. 119, 52. The Supreme Judicial Court held (1) all of the minor misdemeanors arising out of the single episode for each juvenile constituted a first offense for which the legislature intended a second change and must be dismissed, but the Commonwealth may proceed directly to arraignment on the greater offenses; (2) there was no probable cause to support the charge of inciting a riot; and (3) Mass. Gen. Laws ch. 264, 11 must be read consistently with the limitations in Brandenburg v. Ohio, 395 U.S. 444 (1969).

Commonwealth v. Nick N.

Docket: SJC-12964

Opinion Date: January 26, 2021

Judge: Kafker

Areas of Law: Juvenile Law

The Supreme Judicial Court answered three questions reported by the juvenile court judge regarding waiver, evidentiary rules, and discovery procedures for hearings conducted under the procedures set forth in Wallace W. v. Commonwealth, 482 Mass. 789 (2019). Juvenile allegedly committed a major misdemeanor against another minor, followed by a minor misdemeanor against the same victim in a separate incident. The Commonwealth moved for a Wallace W. hearing to prove the greater offense, after which the juvenile court judge reported questions of law to the Supreme Court. The Supreme Court concluded (1) the Commonwealth may proceed directly to trial on the greater offense that preceded the first offense, but the Commonwealth may not arraign on the minor misdemeanor until it proves the greater offense; (2) a juvenile's failure to move for a prearraignment Wallace W. hearing on the first offense does not provide subject matter jurisdiction over the first offense; (3) the evidentiary rules laid out in Commonwealth v. During, 407 Mass. 108 (1990), apply to Wallace W. hearings; and (4) notice of the alleged violation and some exchange of discovery are required prior to Wallace W. proceedings.