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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State v. Cummings

Citation: 2021 S.D. 4

Opinion Date: January 27, 2021

Judge: Jensen

Areas of Law: Criminal Law, Native American Law

The Supreme Court reversed the decision of the circuit court granting Defendant's motion to suppress statements he made to a state officer on the grounds that the officer lacked authority to investigate crimes in Indian country, holding that the officer did not violate any jurisdictional principles by entering Indian country to investigate crimes that occurred outside Indian country. When Defendant spoke with agents from the South Dakota Division of Criminal Investigation and the Bureau of Indian Affairs at his home located on Indian trust land concerning property crimes that had occurred outside Indian country he produced evidence implicating him a burglary in Bennett County. Defendant was charged in state court. The circuit court suppressed Defendant's statements, concluding that the agents did not have authority to investigate state criminal offenses in Indian country. The Supreme Court reversed, holding (1) Defendant failed to show that the agents lacked authority to investigate state offenses while in Indian country or that the agents' actions infringed upon tribal sovereignty; and (2) Defendant failed to show a Fourth Amendment violation.

Pirmantgen v. Roberts County

Citation: SOUTH DAKOTA, 2021 S.D. 5

Opinion Date: January 27, 2021

Judge: Devaney

Areas of Law: Real Estate & Property Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court reversing and modifying the decision of the hearing examiner modifying the Roberts County Director of Equalization's tax assessments on four of James Pirmantgen's properties but affirming the County's remaining twelve assessments, holding that the circuit court erred. On appeal, the County argued that the circuit court erred in concluding that it failed properly to value Pirmantgen's properties for tax assessment purposes. The Supreme Court held (1) the circuit court properly determined that the hearing examiner's valuations as to three parcels were clearly erroneous; (2) the circuit court erred in reversing the hearing examiner's decision as to ten properties and in directing the County to reduce the assessments on these properties; and (3) because the circuit court did not have the authority to order a refund of taxes, it erred in directing the County to reimburse Pirmantgen any taxes paid in excess of what should have been paid.