Constitutional Law Blog Archives | Dan Cofran Business Dispute Mediation

These blog posts explain the Constitution in plain English to help non-lawyers better understand constitutional issues gaining public attention since the 2016 elections. By Dan Cofran, J. D.

The Senate Filibuster – History or Hoax?

The Senate Filibuster - History or Hoax?By Dan Cofran, J.D.Read Time: 8 MinutesCopyright 2021 Dan Cofran The Old Senate Chamber, U. S. Capitol,Source: Wikipedia, Architect of the Capitol A Filibuster is an endless speech by a legislator to talk a bill to death by not surrendering the floor until [...]

By Dan Cofran|2021-05-29T15:34:40+00:00May 14th, 2021|Cloture, Filibuster|

The Second Amendment and Guns, Part II

The Supreme Court in District of Columbia v. Heller (2008) held that Second Amendment protection includes a law-abiding person’s right to possess a firearm for self-defense in the home, if using a weapon in common use at the time for home self defense, in this case a handgun.

By Dan Cofran|2021-04-17T21:20:59+00:00February 2nd, 2020|Constitutional Law, Second Amendment|

The Second Amendment and Guns, Part I

Few debates have been more spirited in the last twenty years than those about the Second Amendment. Is it limited to hunting rifles, shot guns and single action revolvers? Or does it extend to semi-automatic and military style assault rifles.

By Dan Cofran|2021-04-19T15:51:06+00:00February 2nd, 2020|Constitutional Law, Second Amendment|

“High Crimes and Misdemeanors” Do Not Need to Be Crimes.

Scholars have long agreed that “high Crimes and Misdemeanors” for impeachment and conviction do not have to be crimes or otherwise unlawful. The “high Crimes and Misdemeanors” phrase

By Dan Cofran|2020-01-22T04:51:50+00:00January 21st, 2020|Constitutional Law|

Presidential Executive Privilege in Congressional Investigations

© 2020 Dan Cofran | Posted January 15, 2020 Introduction The President has claimed both absolute immunity and executive privilege to prevent subpoenaed White House aides from appearing as witnesses before House Congressional committee investigative hearings. With a looming Senate impeachment trial, continuing Congressional investigations and numerous court proceedings [...]

By Dan Cofran|2020-04-07T18:12:05+00:00January 15th, 2020|Constitutional Law|

Impeachment Trials in the Senate

© 2020 Dan Cofran Picture From: Wikimedia Commons The Senate’s “Rules of Procedure and Practice When Sitting on Impeachment Trials” apply to trials in the Senate of all federal officers – presidents, vice-presidents, federal judges and cabinet members. The proceeding is unique, perhaps best described as a [...]

By Dan Cofran|2020-04-07T18:12:38+00:00January 11th, 2020|Constitutional Law|

Are Top Presidential Advisors Absolutely Immune to Congressional Subpoenas?

Are Top Presidential Advisors Absolutely Immune to Congressional Subpoenas? No. © 2020 Dan Cofran Picture From: Wikimedia Commons At least 19 White House officials at the President’s direction have refused to appear before Congressional investigative committees to testify and produce documents, claiming “absolute” immunity”* This includes Attorney [...]

By Dan Cofran|2020-04-07T18:13:04+00:00January 7th, 2020|Constitutional Law|

Can a Sitting President Be Indicted? Part II

Part II: Trading a Headache for an Upset Stomach © 2020 Dan Cofran Part I here Reading Time: 6 Minutes A sitting president can be indicted, tried and convicted in court, in addition to, or instead of, impeachment and removal from office by the House and Senate. Please see [...]

By Dan Cofran|2020-04-07T18:13:28+00:00June 14th, 2019|Constitutional Law|

Can a Sitting President Be Indicted? Part 1

© 2020 Dan Cofran Part I: Yes Reading Time: 6 Minutes This issue has never been litigated, so there are no court decisions on point as judicial precedent. However, under long-standing judicial principles for interpreting the Constitution, it is evident that a sitting president is not immune to criminal indictment. [...]

By Dan Cofran|2020-04-07T18:13:49+00:00June 12th, 2019|Constitutional Law|

Religious Freedom & the Temporary Travel Ban

The Establishment and Exercise Clauses, First Amendment, cl. 1 The Middle Eastern Temporary Immigration Ban © 2020 Dan Cofran “Religion is like a pair of shoes…..Find one that fits for you, but don’t make me wear your shoes.” – George Carlin On Monday, February 13, the [...]

By Dan Cofran|2020-04-07T18:14:08+00:00February 14th, 2019|Constitutional Law|

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