Burton Craige Distinguished Professor of Jurisprudence, UNC School of Law
Michael Gerhardt joined the Carolina Law faculty in 2005 and serves as the Burton Craige Distinguished Professor of Jurisprudence. His teaching and research focuses on constitutional conflicts between presidents and Congress. Gerhardt is the author of six books, including leading treatises on impeachment, appointments, presidential power, Supreme Court precedent, and separation of powers. He has written more than a hundred law review articles and dozens of op eds in the nation’s leading news publications, including SCOTUSblog, The New York Times, and Washington Post. His book, The Forgotten Presidents (Oxford University Press 2013), was named by The Financial Times as one of the best non-fiction books of 2013. He was inducted into the American Law Institute in 2016. Gerhardt attended the University of Chicago Law School, where he graduated order of the coif and served as a research assistant to both Phil Kurland and Cass Sunstein and as one of the two student editors of The Supreme Court Review. After law school, he clerked for Chief District Judge Robert McRae of the U.S. District Court of the Western District of Tennessee and Judge Gilbert Merritt of the U.S. Court of Appeals for the Sixth Circuit. He served as Deputy Media Director of Al Gore’s first Senate campaign, practiced law for three years for two boutique litigation firms in Washington and Atlanta, and taught for more than a decade at William & Mary Law School before joining Carolina Law.
Gerhardt’s extensive public service has included his testifying more than a dozen times before Congress, including as the only joint witness in the Clinton impeachment proceedings in the House; speaking behind closed doors to the entire House of Representatives about the history of impeachment in 1998; and serving as special counsel to the Senate Judiciary Committee for seven of the nine sitting Supreme Court justices. In 2015, he became the first legal scholar to be asked by the Library of Congress to serve as its principal adviser in revising the official United States Constitution Annotated. In 2019, the Order of the Coif named Gerhardt as its Distinguished Visitor for 2020, an award given to only one law professor each year for outstanding legal scholarship.
David Boies Professor of Law, Yale Law School
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Necessary & Proper Episode 87: Current & Future Uses of the Impeachment Power
Michael J. Gerhardt, Keith E. Whittington, Ilya Somin
Congress’s impeachment power has been used dozens of times since the republic’s founding, mostly for...