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Harold Norris Faculty Scholar

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United States Courts of Appeals: District of Columbia Circuit; Sixth Circuit

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Life Member, Sixth Circuit Judicial Conference

Unconstitutional but entrenched: Putting UOCAVA and voting rights for permanent expatriates on a sound constitutional footing

Don't kill the candidate: Remedying Congress's failure to use Section 4 of the Twentieth Amendment

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

The Ninth Amendment in Congress

Pardon me?: The constitutional case against presidential self-pardons

The United States Constitution's provisions for selecting, replacing, and punishing presidents contain serious weaknesses that could lead to constitutional controversies. In this compelling and fascinating book, Brian Kalt envisions six such controversies, such as the criminal prosecution of a sitting president, a two-term president's attempt to stay in power, the ousting of an allegedly disabled president, and more. None of these things has ever occurred, but in recent years many of them almost have. Besides being individually dramatic, these controversies provide an opportunity to think about how constitutional procedures can best be designed, interpreted, and repaired. Also, because the events Kalt describes would all carry enormous political consequences, they shed light on the delicate and complicated balance between law and politics in American government.

Constitutional Cliffhangers: A Legal Guide for Presidents and Their Enemies

In 1961, Senator Philip Hart of Michigan introduced legislation to add Michigan's Sleeping Bear Dunes and 77,000 surrounding acres to America's National Park system. The 1,600 people who lived in the proposed park area feared not only that the federal government would confiscate their homes, but that a wave of tourists would ensue and destroy their beloved and fragile lands. In response, they organized citizen action groups and fought a nine-year battle against the legislation.      Sixties Sandstorm is not a book about dunes as much as it is a book about people and their government. It chronicles the public meetings, bills, protests, and congressional interactions that led to the signing of the Sleeping Bear Sand Dunes Act in 1970. The Dunes park fight is a case study of the politics, the legislative process, citizen response to the expanded role of government in the 1960s, and the rise of the environmental movement in America during that decade. Since Hart's legislation was made law, millions of Americans have traveled to the Sleeping Bear Sand Dunes National Lakeshore. Few imagine what the area would look like today if not for the efforts of people like Senator Hart. On the other hand, few appreciate the sacrifice of the landowners who--not always willingly--gave up their property in this place where, as one resident put it, "stars are closer to the earth than anywhere else in the world."

Sixties Sandstorm: The Fight over Establishment of a Sleeping Bear Dunes National Lakeshore, 1961-1970

Since the election of President Donald Trump, the Twenty-Fifth Amendment to the Constitution-covering presidential incapacity-has been a frequent topic of public discussion. Meanwhile, Section 4 has become a mainstay in television dramas, which usually represents it inaccurately.The country needs this complicated but essential topic explained. Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment is designed to educate and inform the public about Section 4 in an evenhanded and accessible way. This book is not about President Trump; it offers no opinions on his fitness for office. By the end of the book, though, it will be clear how Section 4 applies to him, as well as to any other president.

Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment

Before coming to MSU College of Law in 2000, Brian Kalt was an associate at the Washington, D.C., office of Sidley Austin. He earned his juris doctor from Yale Law School, where he was an editor on the Yale Law Journal. After law school, he served as a law clerk for the Honorable Danny J. Boggs, U.S. Court of Appeals for the 6th Circuit. Professor Kalt's research focuses on structural constitutional law and juries. At MSU Law,  Kalt teaches Tort and Administrative law.

Structural Constitutional Law

Administrative Law

Juries

The Bill of Rights 

Tort Reform

Faculty Profile

Fact-check: Is replacing Joe Biden on the ticket ‘unlawful’? Election law experts say it’s not

Explainer: Trump's acts as president are 'fair game' for criminal charges

Impeachment trial: Democrat says Trump lawyers misrepresented scholar's argument

There’s no requirement to tell the public if the 25th Amendment is invoked

Does Trump have power to pardon himself? It’s complicated

Could Trump pardon family members and other close associates? His prior pardons may set the stage for more

Donald Trump Threatened To Pardon Himself. Is That Even A Thing?

A Presidential Disability Commission Under the 25th Amendment

The law is clear about handling presidential illness — but it can get murky fast

Trump to announce Supreme Court nominee

The Obscure Constitutional Loophole That 2020 Is Blowing Wide Open

Reminder: The 25th Amendment requires political apocalypse

'The Resistance Inside The Trump Administration': A Constitutional Crisis?

Why the 25th Amendment Is a Dead End

Understanding the 25th Amendment

What the Arpaio pardon reveals about Trump’s take on the rule of law

Trump nominates Neil Gorsuch to Supreme Court

There's a section of Yellowstone where you can get away with murder

The action would be the latest act of clemency by the president, who told reporters he is thinking “very seriously” about pardoning ali.

Trump says he may pardon the late boxer muhammad ali

President Donald Trump has announced he may pardon the late boxer Muhammad Ali, who was convicted in 1967 for refusing to report for induction into the United States military during the Vietnam War. 

He's the latest on the president's pardon list. But can Trump really pardon anyone he wants? Yes, because real check on the pardon power is political, says Brian Kalt, a professor at MSU's College of Law.

"The pardon power suits Trump’s style perfectly," Kalt says. "The president pardons alone — Congress is not involved and the courts have almost no power to review the president’s choices. With the stroke of his pardon pen, Trump can make things happen immediately. He can spring people from prison or protect them from prosecutors (contrary to a common misconception, the president can pardon people before they have been convicted or even charged). It is the closest a president can get to being a king, or a wizard with a magic wand."

Kalt wrote the seminal article on self-pardons in 1996, and it occupies a chapter of his 2012 book, "Constitutional Cliffhangers," has been used hundreds of times by media and researchers. See his book here: https://www.goodreads.com/book/show/13386546-constitutional-cliffhangers.





Trump's pardon pen: Muhammad Ali could be the latest on the list

In recent days, four senior administration officials have been described as using subterfuge to prevent trump from acting upon his decisions. whether or not the rest of it is a crisis, that sure sounds like one.

Analysis | the democratic crisis described by bob woodward and the anonymous new york times op-ed

Multiple amateur constitutional scholars have advocated the use of the 25th Amendment remove President Trump from office, as an alternative to impeachment, but that won't work, says Brian Kalt, The Harold Norris Faculty Scholar at the Michigan State University College of Law. 

But Section 4 of the amendment is a tool for a different job, and its use under today’s circumstances has the potential to tear the country apart, he says.
 

Kalt says section 4 is a great solution if the president is missing or comatose, but a terrible one when he is conscious and in full control of his Twitter account. 
 
What exactly is the 25th Amendment? Kalt can explain. He can be reached via email at kalt@law.msu.edu. A link to to his bio: http://www.law.msu.edu/faculty_staff/profile.php?prof=44

The 25th Amendment won't work to remove Trump

just-the-facts-please

MSU's Brian Kalt fact-checks claims it was illegal to replace Biden on the ballot

Professor of Law & Harold Norris Faculty Scholar

Fact-checking might be a full-time job this election cycle as pundits, people on social media, news panels and even presidential candidates are weighing in on topics - perhaps before getting all the details or double-checking for the truth.

With the recent decision by President Biden to opt off the ballot for this November's election - it ignited a firestorm of opinions on whether it was legal or not.

It's why places like PolitiFact reached out to Michigan State University's Brian Kalt to get 'the fact's on just what was legal or not. He added however, the the Supreme Court has the final say if it is contested.

 Brian Kalt, a Michigan State University law professor, said he couldn’t imagine the Supreme Court would prohibit Democrats from replacing Biden as their presidential nominee. "But who can say?" he added. "The Supreme Court has a habit of exceeding the bounds of my imagination."  And, if you are a reporter covering politics, the campaigns and the election this November, then let our experts help with your questions and ensure your coverage is accurate.

Brian Kalt is a Professor of Law and a Harold Norris Faculty Scholar at Michigan State University. He is an expert in constitutional law of the presidency, and he’s available to speak with media regarding how the Constitution and laws play a role in elections. Simply click on his icon to arrange an interview today.


Just the facts, please

schumer-has-called-for-trump-to-be-removed-via-the-25th-amendment-but-how-would-that-work-michigan-states-brian-kalt-leading-constitutional-law-expert-is-available-to-assist-in-coverage

After a speech by President Donald Trump that inspired a hoard of protestors to storm the Capitol buildings in Washington – there are growing concerns of what the outgoing President might do next. 

 As well, there’s also growing talk about how to prevent what could be another national or even international incident.

One such measure that’s been a talking point for journalists, politicians and pundits since Wednesday, and recently has been called-for by Senator Chuck Schumer, is removing the president from office by invoking the 25th Amendment.

 It’s a topic that Michigan State University’s constitutional expert Brian Kalt knows well.

"Section 4 is designed primarily to work against presidents who cannot do anything, not against presidents who are all too able to do bad things—the latter is fodder for the impeachment process," Kalt explains. "So might Section 4 be a realistic option? Perhaps, if the situation in Washington, DC, spirals further out of control between now and January 20. But Section 4 sets that bar high."  There’s a lot to know about this topic, especially given the extreme circumstances in which it is used.

And, if you are a reporter covering politics and this potential situation, then let our experts help with your questions and ensure your coverage is accurate.

 Brian Kalt is a Professor of Law and a Harold Norris Faculty Scholar at Michigan State University. He is an expert in constitutional law of the presidency, and he’s available to speak with media regarding how the Constitution and laws play a role in elections. Simply click on his icon to arrange an interview.




Schumer has called for Trump to be removed via the 25th amendment, but how would that work? Michigan State’s Brian Kalt, leading constitutional law expert, is available to assist in coverage

delaying-the-election-for-those-who-dont-know-the-constitution-trumps-any-delay-when-it-comes-to-a-change-of-power-in-january

Delaying the election?  For those who don’t know – the Constitution trumps any delay when it comes to a change of power in January
 
It was taking twitter by storm. President Donald Trump was raging against the idea of mail-in ballots and even alluded in one tweet that perhaps the November 03, 2020 election sate needs to be delayed.
 

 Now delays are possible, and history has shown that results don’t always come clearly on election night. However, the experts from Michigan State University want to remind everyone that it’s the Constitution that ultimately decides when there’s a change of power in Washington.
 
 “There are a couple of important legal points to remember about this,” says Brian Kalt, professor of law at Michigan State University.  “First, the day for federal elections and for the meeting of the Electoral College is set by law so only Congress has the authority to reset it, not the President or anyone else.”   And if there is no election this November, or if there are significant delays, Kalt also wants people to know, it does not mean an extension of Trump’s presidency.   “Second, regardless of when the election is held, the 20th Amendment specifies that the President’s term (as well as the Vice President’s) ends at noon on January 20. If there is no election to replace the President, the line of succession statute kicks in.   With no President-Elect or Vice President-Elect to qualify, the Speaker of the House would become Acting President until an election could be held. Of course, if there is no presidential election there would presumably be no congressional elections either. In that case, there would be no House: the 20th Amendment ends congressional terms on January 3.   With no House—and thus no Speaker—the next in line would be the President Pro Tempore of the Senate. Since only about a third of senators see their terms expire in each cycle, the Senate is a continuing body. The remaining senators would have a quorum and would select a new President Pro Tempore.” This leaves the fate of the presidency and the keys to the White House in the hands of just a few powerful people in Washington. And the outcome of how they would choose is anyone’s guess.
 

 And , if you are a reporter covering politics and this potential situation, then let our experts help with your questions and ensure your coverage is accurate.   Brian Kalt is a Professor of Law and a Harold Norris Faculty Scholar at Michigan State University. He is an expert in constitutional law of the presidency, and he’s available to speak with media regarding how the Constitution and laws play a role in elections. Simply click on his icon to arrange an interview. 

Delaying the election?  For those who don’t know – the Constitution trumps any delay when it comes to a change of power in January

Brian talks with Brian Kalt, constitutional scholar and author of "Constitutional Cliffhangers." (Airdate: 02/09/12)

Brian Kalt on The B.S. of A. with Brian Sack

The Ohio State University's Chapter of the Federalist Society proudly hosts Michigan State University Professor Brian Kalt as he speaks on the topic of "Ex-Felons and Jury Service" with commentary by OSU Professor Doug Berman on November 4, 2010.

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