Latest 2 Cases: Vermont v. Lafaso (Constitutional Law), Vermont v. Spencer (Constitutional Law)

Impeaching a Former President Is Plainly Constitutional

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan argues that the text of the Constitution makes clear that Congress has the power to impeach and convict Donald Trump, even though he is no longer President. Buchanan describes the unambiguous textual support for this conclusion, which Buchanan (and others) argue is also amply supported by the Constitution’s purpose, structure, and other interpretive approaches.

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Vermont v. Lafaso

Citation: 2021 VT 4

Opinion Date: January 29, 2021

Judge: Cohen

Areas of Law: Constitutional Law, Criminal Law

Defendant Scott Lafaso was convicted by jury of burglary, unlawful restraint, stalking, interference with access to emergency services, and two counts of unlawful trespass. These charges stemmed from unsuccessful attempts to reconcile with a former girlfriend. When the girlfriend ended the relationship, defendant twice entered her home without permission, held her down, and grabbed her phone from her hand when she tried to call police. On appeal of his convictions, defendant argued he was deprived of his right to a speedy trial, and that the superior court erred in not excluding certain testimony from the jury’s consideration. Finding no reversible error, the Vermont Supreme Court affirmed.

Vermont v. Spencer

Citation: 2021 VT 5

Opinion Date: January 29, 2021

Judge: Cohen

Areas of Law: Constitutional Law, Criminal Law

Defendant Chad Spencer was convicted by jury of resisting arrest. Three uniformed state troopers were dispatched to serve a relief-from-abuse order on defendant. When the troopers explained their purpose, defendant became angry and stormed off inside the house. As was their practice to read the order to the recipient and obtain the latter’s signature on a return of service, the troopers asked defendant whether they could enter the home. When defendant consented, the officers followed him inside. There, defendant became increasingly agitated, and started yelling and swearing at the officers. At one point, defendant moved quickly and aggressively toward one of the troopers. Thinking he was being attacked, the other officers interceded and tried to arrest defendant for assaulting an officer. Defendant did not comply with the officers’ verbal demands; he was handcuffed, and placed inside a police cruiser, continuing to pull away and kicking an officer in the chin on the way. On appeal, defendant argued the superior court erred when it instructed jurors that whether he was read his Miranda rights was irrelevant to their consideration of the charge. The Vermont Supreme Court clarified the relevance of Miranda warnings to the resisting-arrest offense, and held on evidentiary grounds, there was no error in this case.