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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Anderson v. Town of Newbold

Docket: 2018AP000547

Opinion Date: January 27, 2021

Judge: Ann Walsh Bradley

Areas of Law: Government & Administrative Law, Real Estate & Property Law, Zoning, Planning & Land Use

The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's order upholding the Town of Newbold's denial of Petitioner's attempt to subdivide his property, holding that the Town ordinance precluding the subdivision was a permissible exercise of the Town's subdivision authority pursuant to Wis. Stat. 236.45. The Town denied Petitioner's proposed subdivision because the two resulting lots would not meet the Town's applicable minimum shoreline frontage requirement, as set forth in the Town ordinance. On appeal, Petitioner argued that the minimum shoreline frontage requirement was unenforceable because it was a shoreline zoning regulation that the Town did not have the authority to enact. The Supreme Court rejected the argument, holding that the ordinance was a permissible exercise of the Town's subdivision authority, and therefore, the Town proceeded on a correct theory of law when it denied Petitioner's request to subdivide his property.