"high Crimes and Misdemeanors" as a Term of Art

In the interpretation of enacted law terms of art, for example, “third degree of consanguinity,” have a special place.  Just how special is debated: the degree of the specialness, the ways in which are special, and the special methods for unpacking their meaning. 

The term of art status of “high Crimes and Misdemeanors” may become salient.

Libertarian Island III: Coercion and Degrees of Freedom

Where we left off shipwrecked Ann, whom I have called a “left- libertarian,” has not been able to convince shipwrecked right-libertarian Bob that it’s only his wrongheaded ideology that makes him want to paddle away from Isle One, with its easier and more abundant life, towards Isle Two.

Is a Non-Amendable Constitutional Provision Legitimate?

Is Impeachment Mandatory?

The distinguished Harvard Law professor Cass Sunstein has recently argued, in a widely published opinion piece, that if a US president has committed “Treason, Bribery, or other high Crimes and Misdemeanors” then Congress is obligated to impeach. https://news.yahoo.com/impeachment-mandatory-130024433.html.  The “support and defend the Constitution” clause of their oath of office imposes the duty on upon each and every member of the House of Representatives to vote to impeach if the constitutional predicate is satisfied. 

“Her” Computer Consciousness: Can an Artificial Intelligence Be In Love?

The 2013 movie Her, for which Spike Jonze, won an Oscar for best screenplay, raises the question whether one day soon there could be artificial, machine based, consciousness.

Mitchell's Memo on Ford and Kavenaugh

“A ‘he said, she said’ case is incredibly difficult to prove. But this case is even weaker than that…I do not think that a reasonable prosecutor would bring this case based on the evidence before the Committee.”

That may well be right that the evidence currently in the hands of the Committee would not be sufficient for a prosecutor to conclude that Kavenaugh is guilty beyond a reasonable doubt. This, however, is irrelevant.

Checking Rachel Mitchell Against Herself

I hope Senate Judiciary Committee members will obtain some trial transcripts from cases Ms. Mitchell has prosecuted in Phoenix. It will be interesting to compare the substance, tenor, and tone of the questions she asks Ms. Ford with her examinations of sex crime victims in her cases and to compare the substance, tenor, and tone of her examination of Judge Kavanaugh with that of alleged sex assailants she has questioned as an officer of the court.