I'm John Baxter visiting with Professor John U, distinguished visiting professor, School of Civic Leadership, at the University of Texas at Austin.

He's also the Heller Chair in Law, Distinguished Professor of Law, the University of California at Berkeley.

He's guiding me through how the courts look at the presidential

ambition, how the Constitution looks at the courts looking at the presidential ambition,

and then there's Congress. And John, what is the role for Congress here if there is one?

There was a role for Congress in earlier decisions. We noted FDR was punished by

Congress because of his overreach in packing the courts. Is it too late for Congress to get involved

in this? You have quoted a couple of members of Congress who seem overheated on this matter.

John, you are so prescient because you anticipate an article I've written that will

appear national review tomorrow morning saying, where's Congress? Why isn't Congress intervening?

Because Congress could diffuse the whole problem. Congress could, for example, pass a law,

making clear that foreign terrorist groups and gangs like Trendor Agua are included with the Alien Enemies Act. That would make this very easy. It could set out the process for kicking these people out of the country so that courts don't make up due process procedures that ask for too much classified information to be made in public.

I think Congress can also play an important role, I think to calm down people who are calling for impeachment of lower court judges,

and hopefully not, but may even call for the impeachment of Supreme Court justices, because it's Congress

that has the sole power of impeachment. Only Congress gets to decide whether someone's committed

treason, bribery, or other high crimes and misdemeanors, which is the phrase used in the Constitution

as the impeachment standard. Only Congress can decide whether to

convict a judge of impeachment. In fact, the Supreme Court has said decisions on impeachment are

unreviewable. Only Congress decides. Only Congress interprets the Constitution on impeachment.

So I think Congress could do two things here. Congress could make Trump cases stronger for using the Alien Enemies Act and for kicking these terrible – like nobody wants these people out on the street, but kicking these terrible gang members out of the country.

But at the same time, maybe they could do something for the courts by saying impeachment is not the right avenue to go.

The right way to go is for its Trump administration to appeal through the regular process,

...