Friday, January 30, 2015

The Disqualification Clause: An exchange

Via Seth Barrett Tillman
"Benjamin Cassady's article on disqualification has prompted 4 full-length responses with a foreward by Michael Stern (of Point of Order blog). Two of the full-length responses are from historians (Hoffer & Melton), and two are from from legal academics (Kalt & Tillman).

"Our full exchange on the Disqualification Clause and Cassady's article are now posted on the archive on the Quinnipiac Law Review website (and elsewhere). This includes Professor Hoffer's article, which until now has not been available online."

Benjamin Cassady, 'You’ve Got Your Crook, I’ve Got Mine': Why the Disqualification Clause Doesn’t (Always) Disqualify, 32 Quinnipiac L. Rev. 209 (2014), available at Social Science Research Network

Michael Stern, Foreward, An Exchange on the Disqualification Clause, 33 Quinnipiac L. Rev. i (2014) (by invitation), available at Quinnipiac Law Review

Peter Charles Hoffer, The Pleasures and Perils of Presentism: A Meditation on History and Law, 33 Quinnipiac L. Rev. 1 (2014) (invited response to Cassady), available at Quinnipiac Law Review

Brian C. Kalt, The Application of the Disqualification Clause to Congress: A Response to Benjamin Cassady, 'You’ve Got Your Crook, I’ve Got Mine': Why the Disqualification Clause Doesn’t (Always) Disqualify, 33 Quinnipiac L. Rev. 7 (2014) (invited response), available at Social Science Research Network

Buckner F. Melton, Jr., Let Me Be Blunt: In Blount, the Senate Never Said that Senators Aren’t Impeachable, 33 Quinnipiac L. Rev. 33 (2014) (invited response), available at Social Science Research Network

Seth Barrett Tillman, Originalism & The Scope of the Constitution’s Disqualification Clause, 33 Quinnipiac L. Rev. 59-111 (2014) (invited response), available at Social Science Research Network