ORIGINAL MEANING OF THE CONSTITUTION: Articles, Briefs and Presentations by Professor Clark D. Cunningham

Founders: Removal from Office is not the only purpose of impeachment, The Conversation (Sep 26, 2019 updated Dec. 16, 2019) (131,000 + on-line readers, 72,000+ Facebook shares)

Impeachment Explained (Seven interviews on CourtTV)

The original meaning of "emolument" in the US Constitution
-- Clark D. Cunningham & Jesse Egbert, Using Empirical Data to Investigate the Original Meaning of “Emolument” in the Constitution, 36 Georgia State Law Review       (forthcoming January 2020).
The results of this research were submitted to the United States Courts of Appeals for the Fourth Circuit and District of Columbia Circuit in amicus briefs in support of neither party
Brief for Professor Clark D. Cunningham & Professor Jesse Egbert as Amici Curiae Supporting Neither Party, In re Trump, 928 F.3d 360 (4th Cir. 2019) (No. 18‑2486), reh’g en banc granted, 780 F. App’x 36 (4th Cir. 2019), also published on the Social Science Research Network at, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3334017
Brief of Amici Curiae Professor Clark D. Cunningham and Professor Jesse Egbert in Support of Neither Party, Blumenthal v. Trump, No. 19-5237 (D.C. Cir. argued Dec. 9, 2019), also published on the Social Science Research Network at https://papers.ssrn.com/abstract=3475650

Media Coverage of Cunningham & Egbert amicus brief on original meaning of "emolument"
Law Journal Editorial Board, On Language, Lawyers and Judges Don't Have All the Answers (March 22, 2019)
Aaron Blake, A big Trump case hinges on the definition of ‘emoluments.’ A new study has bad news for him (Washington Post Jan 29, 2019)
Amelia Thomson-DeVeaux, How Two Arcane Clauses In The Constitution Could Expose Trump’s Businesses  (FiveThirtyEight    March 18, 2019)
Elie Mystal, Emoluments Amicus Fitting To Turn Originalists Into Hypocrites, Again (Above the Law  Jan 29, 2019)

Amicus brief cited
Wilson v Safelite Group, Inc., 930 F.3d 429 (6th Cir. 2019)
-- Concurring opinion by Judge Jane B. Stranch, 930 F.3d at 447 ("the use of corpus linguistics is a difficult and complex exercise ... I would leave this task to qualified experts, not to untrained judges and lawyers. See, e.g., Brief for Professor Clark D. Cunningham, et al. as Amicus Curiae on Behalf of Neither Party, In Re: Donald J. Trump, President of the United States of America, No. 18-2486 (4th Cir. Jan. 29, 2019) (discussing use of corpus linguistics by professor of applied linguistics to help determine the meaning of "emoluments" during the founding era).” )

The original meaning of "cases" in Article III of the US Constitution
Haoshan Ren, Margaret Wood, Clark D. Cunningham, Noor Abbady, Ute Römer, Heather Kuhn & Jesse Egbert, Questions Involving National Peace and Harmony” or “Injured Plaintiff Litigation”? The Original Meaning of “Cases” in Article III of the Constitution, 36 Georgia State Law Review (forthcoming 2020)
Presented Friday, October 18, 2019 Georgia State University Workshop on Law & Linguistics

Apple and the American Revolution: Remembering Why We Have the Fourth Amendment, 126 Yale Law Journal Forum 218 (Oct. 26, 2016)

"A Linguistic Analysis of the Meanings of 'Search' in the Fourth Amendment: A Search for Common Sense," 73 Iowa Law Review 541-609 (1988)

Nonpartisan Originalism, ACS Constitutional Law Scholars Forum (March 1, 2019)

"Teaching lawyers about using corpus lingustics"(ppt) (Slides as pdf) (Presented September 21, 2018, 14th American Association for Corpus Linguistics Conference)

Meredith Hobbs, Big Data Meets the Constitution in New Originalism Project: Georgia appellate judges evaluate cutting-edge inquiries
into what the Constitution's framers meant from Georgia State University law students (law.com Report, May 1, 2018)

Students Present New Insights on Original Meaning of Constitution to Judges using “Big Data” of Corpus Linguistics (GSU College of Law News, May 21, 2018)("It’s revolutionary,” Chief Judge Stephen Dillard of the Georgia Court of Appeals said of Georgia State Law students’ linguistic and historical research)

More Resources on Impeachment

Resources on Law & Linguistics (listing articles and cases using corpus linguistics to interpret statutes and constitutions)

Back to Professor Cunningham's home page