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Grin or Grind: The Unwritten UK Constitution in Action

The UK's Constitution, unwritten and uncodified, is a unique blend of statutes, conventions, and historical precedents. This fluid framework has long been celebrated for its flexibility, allowing the UK to adapt to changing times without the rigidity of a single, codified document. However, this same flexibility has its drawbacks, as the boundaries between established norms and political maneuvering blur. The saying "Grin or grind: the choice is yours!" encapsulates this dual-edged nature of the UK's Constitution. It highlights the reality that while the Constitution can be wielded with a light touch, embracing tradition and consensus (the "grin"), it can also be exploited for political gain (the "grind"). In recent years, we've witnessed both approaches in action. From the Brexit debates to the use of prorogation by Prime Minister Boris Johnson in 2019, the Constitution's inherent ambiguity has been both a tool for navigating unprecedented...

US Constitution: There is no room for an exempt from due process

As lawyers and public officials, President Joe Biden and Vice President Kamala Harris have a constitutional duty to be categorical in their statements regarding their official positions. Failure to do so could result in a violation of their oaths of office and potentially lead to legal consequences. Under Article II, Section 1 of the U.S. Constitution, the President and Vice President are required to faithfully execute the laws and fulfill their respective duties. This includes being clear and unambiguous in their public statements about their official capacities. If they fail to do so, they could be accused of misprision of felony, which is the failure to report a felony committed in their presence. Misprision of felony is a federal offense that carries a potential penalty of up to three years in prison and a fine. In this context, if Biden or Harris were to intentionally or recklessly fail to clarify their official positions during public appearances or official statements, they coul...