The Latest Breaking News from Seth Barrett Tillman

Debates about Section 3 remind me of debates over the Affordable Care Act’s individual mandate

"The Court is persuaded that 'officers of the United States' did not include the President of the United States."

Check it out in a 2780-page PDF ("The Constitution of the United States of America: Analysis and Interpretation"), or browse by section here. CONAN is indeed its nickname, at least among some. Thanks to Prof. Seth Barrett Tillman for pointing out that the version covering all the cases through June…

Does the special counsel "seek to avoid distracting fights"?

"To be clear, we mean no disrespect to either of these fine academics but their views on this matter are idiosyncratic."

Bragg’s argument may harm Trump in the removal case, but in the long run, this argument could help Trump in future political disqualification-related litigation under Section 3 of the Fourteenth Amendment.

Seth Barrett Tillman and I discuss whether the President is an "Officer of the United States" for purposes of the federal officer removal statute.

A synthesis of our prior writings on the meaning of “Office . . . under the United States.”

A synthesis of our prior writings, and clarification on the meaning of “Officers of the United States.”