[I]mpeachment does not require proof of a crime... The argument that only criminal offenses are impeachable is deeply and profoundly wrong. It misund… - Laurence Tribe

For all these reasons, I hope you will reach the conclusion that Elena Kagan should be your first nominee to the Court. ...I can hardly contain my enthusiasm at your first hundred days. I don't underestimate the magnitude of the challenges that remain, and I... hope that I can before too long come to play a more direct role in helping you meet those challenges, perhaps in a newly created DOJ position dealing with the rule of law, but my main sentiment... is one of enormous pride and pleasure in being an American at this extraordinary moment in our history.

[M]ost of us would readily concede that the framers of the 1787 Constitution adopted a federal system of government organization in order to, among other goals, help secure the institution of private property. When Madison, in his theory of faction, suggested that shifting the legislative responsibility for certain problems from the state to the national level could help assure that majorities would not trample on minority rights, the problems he had in mind were largely economic; the minority rights... were, for the most part, rights of property and contract.

[I]t is largely because I find all exercises of power by some over others—even with what passes for the latter's consent—are and must remain deeply problematic, that I find all legitimating theories not simply amusing in their pretensions but... as dangerous as they are convincing.