Constitutional Law

4.5

Executive Orders and the Legal Limits of Presidential Power

Credits Available
Credit Status Total
Alaska CLE Reciprocity 1 Total
Arizona CLE Approved 1 Total
California CLE Approved 1 Total
Colorado CLE Approved 1 Total
Connecticut CLE Approved 1 Total
Delaware CLE Approved 1 Total
Georgia CLE Approved 1 Total
Hawaii CLE Approved 1 Total
Idaho CLE Approved 1 Total
Illinois CLE Approved 1 Total
Maine CLE Approved 1 Total
Minnesota CLE Approved 1 Total
Missouri CLE Approved 1.2 Total
Northern Mariana Islands CLE Approved 1 Total
Montana CLE Approved 1 Total
North Dakota CLE Approved 1 Total
Nebraska CLE Approved 1 Total
New Hampshire CLE Approved 1 Total
New Mexico CLE Approved 1 Total
Nevada CLE Approved 1 Total
New York CLE Approved 1 Total
Oklahoma CLE Approved 1 Total
Oregon CLE Approved 1 Total
Pennsylvania CLE Approved 1 Total
Rhode Island CLE Upon Request 1 Total
Tennessee CLE Approved 1 Total
Vermont CLE Approved 1 Total
Washington CLE Approved 1 Total
Wisconsin CLE Approved 1 Total
West Virginia CLE Approved 1.2 Total
OnDemand
57 minutes
Michael Gerhardt
With Michael J. Gerhardt from University of North Carolina School of Law
Recorded January 27, 2025.
Product ID 100457

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Course Includes
$199

OnDemand Video

Course Book Download

Overview

Presidential Power Redefined: Explore Executive Authority Today

The executive branch has pushed the boundaries of its authority in recent years, triggering legal challenges and widespread debate. What are the true limits of presidential power? How have landmark court decisions influenced the balance of power between the branches of government and shaped future presidencies? Join our expert faculty for a look into the complexities of executive authority, key legal precedents, and the ongoing controversies surrounding presidential power. Register today!

  • Review significant rulings that have shaped the scope of executive authority.
  • Discover what executive orders can and cannot do.
  • Evaluate when the executive branch has overreached.

Abbreviated Agenda

  1. Presidential Powers and Current Legal Controversies
  2. Key Judicial Precedents Shaping Presidential Authority
  3. Deeper Dive Into Executive Orders: Understanding Their Scope and Constraints
  4. Executive Overreach and Legal Challenges

Related Topics

Product ID 100457

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 1 Total
Arizona CLE Approved 1 Total
California CLE Approved 1 Total
Colorado CLE Approved 1 Total
Connecticut CLE Approved 1 Total
Delaware CLE Approved 1 Total
Georgia CLE Approved 1 Total
Hawaii CLE Approved 1 Total
Idaho CLE Approved 1 Total
Illinois CLE Approved 1 Total
Maine CLE Approved 1 Total
Minnesota CLE Approved 1 Total
Missouri CLE Approved 1.2 Total
Northern Mariana Islands CLE Approved 1 Total
Montana CLE Approved 1 Total
North Dakota CLE Approved 1 Total
Nebraska CLE Approved 1 Total
New Hampshire CLE Approved 1 Total
New Mexico CLE Approved 1 Total
Nevada CLE Approved 1 Total
New York CLE Approved 1 Total
Oklahoma CLE Approved 1 Total
Oregon CLE Approved 1 Total
Pennsylvania CLE Approved 1 Total
Rhode Island CLE Upon Request 1 Total
Tennessee CLE Approved 1 Total
Vermont CLE Approved 1 Total
Washington CLE Approved 1 Total
Wisconsin CLE Approved 1 Total
West Virginia CLE Approved 1.2 Total

Credit Details by Jurisdiction

CLE Credits
Alaska CLE Reciprocity · 1 Total Credits

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OnDemand - Alaska CLE - 1: Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This program may qualify for up to 1.0 hours of credit, which includes 1.0 hours of MCLE credit and 0.0 hours of MECLE credit.

Video Download - Alaska CLE - 1: Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This program may qualify for up to 1.0 hours of credit, which includes 1.0 hours of MCLE credit and 0.0 hours of MECLE credit.

Arizona CLE Approved · 1 Total Credits

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OnDemand - Arizona CLE - 1: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hours toward your annual CLE Interactive CLE requirement for the State of Arizona, including 0.0 hour of professional responsibility Interactive CLE credit.

Video Download - Arizona CLE - 1: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hours toward your annual CLE Interactive CLE requirement for the State of Arizona, including 0.0 hour of professional responsibility Interactive CLE credit.

California CLE Approved · 1 Total Credits

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OnDemand - California CLE - 1: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 1.0 hours of participatory credit, of which 0.0 hour will apply to legal ethics credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.

Video Download - California CLE - 1: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 1.0 hours of self-study credit, of which 0.0 hour will apply to legal ethics credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.

Colorado CLE Approved · 1 Total Credits

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OnDemand - Colorado CLE - 1: NBI, Inc. is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program may qualify for up to 1.0 hours of home study general Colorado Continuing Legal Education Credit, including 0.0 professional responsibility credit.

Video Download - Colorado CLE - 1: NBI, Inc. is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program may qualify for up to 1.0 hours of home study general Colorado Continuing Legal Education Credit, including 0.0 professional responsibility credit.

Connecticut CLE Approved · 1 Total Credits

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OnDemand - Connecticut CLE - 1: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 1.0 self-study hours toward your annual CLE requirement in Connecticut, including 0.0 self-study hour(s) of ethics/professionalism.

Video Download - Connecticut CLE - 1: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 1.0 self-study hours toward your annual CLE requirement in Connecticut, including 0.0 self-study hour(s) of ethics/professionalism.

Delaware CLE Approved · 1 Total Credits

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OnDemand - Delaware CLE - 1: NBI, Inc. is an accredited sponsor of the Delaware Commission on Continuing Legal Education and recommends this program for 1.0 hours of eCLE credit, including 0.0 hour of ethics.

Georgia CLE Approved · 1 Total Credits

Earn Until

OnDemand - Georgia CLE - 1: This program is approved by the Commission on Continuing Lawyer Competency of the State Bar of Georgia. This program may qualify for up to 1.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 0.0 hour of distance learning ethics.

Video Download - Georgia CLE - 1: This program is approved by the Commission on Continuing Lawyer Competency of the State Bar of Georgia. This program may qualify for up to 1.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 0.0 hour of distance learning ethics.

Hawaii CLE Approved · 1 Total Credits

Earn Until

OnDemand - Hawaii CLE - 1: NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for up to 1.0 hours of credit for the state of Hawaii, which includes 0.0 hour of ethics or professional responsibility education.

Video Download - Hawaii CLE - 1: NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for up to 1.0 hours of credit for the state of Hawaii, which includes 0.0 hour of ethics or professional responsibility education.

Idaho CLE Approved · 1 Total Credits

Earn Until

OnDemand - Idaho CLE - 1: Approved for 1.0 hours of self-study continuing legal education credit in the state of Idaho, which includes 0.0 self-study legal ethics or professional responsibility credit.

Video Download - Idaho CLE - 1: Approved for 1.0 hours of self-study continuing legal education credit in the state of Idaho, which includes 0.0 self-study legal ethics or professional responsibility credit.

Illinois CLE Approved · 1 Total Credits

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OnDemand - Illinois CLE - 1: This program has been approved by the Illinois MCLE Board for 1.0 hours of recorded technology CLE credit, which includes approval for 0.0 hour of legal ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.

Video Download - Illinois CLE - 1: This program has been approved by the Illinois MCLE Board for 1.0 hours of recorded technology CLE credit, which includes approval for 0.0 hour of legal ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.

Maine CLE Approved · 1 Total Credits

Earn Until

OnDemand - Maine CLE - 1: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 1.0 hours of self-study CLE credit. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics or harassment and discrimination credit with self-study.

Video Download - Maine CLE - 1: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 1.0 hours of self-study CLE credit. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics or harassment and discrimination credit with self-study.

Minnesota CLE Approved · 1 Total Credits

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OnDemand - Minnesota CLE - 1: Approved for up to 1.0 hours of standard on-demand CLE credit, including 0.0 hour of ethics credit by the Minnesota Board of Continuing Legal Education.

Video Download - Minnesota CLE - 1: Approved for up to 1.0 hours of standard on-demand CLE credit, including 0.0 hour of ethics credit by the Minnesota Board of Continuing Legal Education.

Missouri CLE Approved · 1.2 Total Credits

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OnDemand - Missouri CLE - 1.2: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 1.20 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.

Video Download - Missouri CLE - 1.2: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 1.20 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.

Northern Mariana Islands CLE Approved · 1 Total Credits

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OnDemand - Northern Mariana Islands CLE - 1: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 1.0 hours of self-study CLE credit.

Video Download - Northern Mariana Islands CLE - 1: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 1.0 hours of self-study CLE credit.

Montana CLE Approved · 1 Total Credits

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OnDemand - Montana CLE - 1: This program may qualify for up to 1.0 hours of self-study CLE credit by the Montana Commission of Continuing Legal Education, including 0.0 hour of professional fitness and integrity credit. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period.

Video Download - Montana CLE - 1: This program may qualify for up to 1.0 hours of self-study CLE credit by the Montana Commission of Continuing Legal Education, including 0.0 hour of professional fitness and integrity credit. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period.

North Dakota CLE Approved · 1 Total Credits

Earn Until

OnDemand - North Dakota CLE - 1: North Dakota attorneys completing this program may claim up to 1.0 North Dakota self-study CLE credit hours, including 0.0 hour of self-study ethics credit, on the Report of Compliance.

Video Download - North Dakota CLE - 1: North Dakota attorneys completing this program may claim up to 1.0 North Dakota self-study CLE credit hours, including 0.0 hour of self-study ethics credit, on the Report of Compliance.

Nebraska CLE Approved · 1 Total Credits

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OnDemand - Nebraska CLE - 1: NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for up to 1.0 distance learning CLE credits, including 0.0 hour of professional responsibility credit. No more than 5.0 hours of distance learning CLE credit may be earned during a reporting period.

Video Download - Nebraska CLE - 1: NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for up to 1.0 distance learning CLE credits, including 0.0 hour of professional responsibility credit. No more than 5.0 hours of distance learning CLE credit may be earned during a reporting period.

New Hampshire CLE Approved · 1 Total Credits

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OnDemand - New Hampshire CLE - 1: NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.

Video Download - New Hampshire CLE - 1: NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.

New Mexico CLE Approved · 1 Total Credits

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OnDemand - New Mexico CLE - 1: This program has been approved by the State Bar of New Mexico/MCLE. This program may qualify for up to 1.0 hour of self-study credit, including 0.0 hours of self-study ethics credit.

Video Download - New Mexico CLE - 1: This program has been approved by the State Bar of New Mexico/MCLE. This program may qualify for up to 1.0 hour of self-study credit, including 0.0 hours of self-study ethics credit.

Nevada CLE Approved · 1 Total Credits

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OnDemand - Nevada CLE - 1: This course has been approved by the Nevada Board of Continuing Legal Education. This program may qualify for up to 1.0 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 0.0 hour of alternative format ethical considerations.

Video Download - Nevada CLE - 1: This course has been approved by the Nevada Board of Continuing Legal Education. This program may qualify for up to 1.0 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 0.0 hour of alternative format ethical considerations.

New York CLE Approved · 1 Total Credits
  • 1 Areas of Professional Practice

Earn Until

OnDemand - New York CLE - 1: This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 1.0 credit hours. 1.0 hours can be applied to the areas of professional practice requirement and is approved for newly admitted attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.

Video Download - New York CLE - 1: This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 1.0 credit hours. 1.0 hours can be applied to the areas of professional practice requirement and is approved for newly admitted attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.

Oklahoma CLE Approved · 1 Total Credits

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OnDemand - Oklahoma CLE - 1: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program may qualify for up to 1.0 of On Demand CLE credit hours, which includes 0.0 hour of legal ethics.

Video Download - Oklahoma CLE - 1: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program may qualify for up to 1.0 of On Demand CLE credit hours, which includes 0.0 hour of legal ethics.

Oregon CLE Approved · 1 Total Credits

Earn Until

OnDemand - Oregon CLE - 1: NBI, Inc. is an approved sponsor with the Oregon MCLE. This program may qualify for up to 1.0 hours of general continuing legal education credit and 0.0 hour of ethics credit.

Video Download - Oregon CLE - 1: NBI, Inc. is an approved sponsor with the Oregon MCLE. This program may qualify for up to 1.0 hours of general continuing legal education credit and 0.0 hour of ethics credit.

Pennsylvania CLE Approved · 1 Total Credits

Earn Until

OnDemand - Pennsylvania CLE - 1: This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 1.0 hours of distance learning credit, including 1.0 hours of substantive law, practice and procedure CLE credit and 0.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.

Video Download - Pennsylvania CLE - 1: This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 1.0 hours of distance learning credit, including 1.0 hours of substantive law, practice and procedure CLE credit and 0.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.

Rhode Island CLE Upon Request · 1 Total Credits

OnDemand - Rhode Island CLE - 1: NBI is an accredited sponsor with the Rhode Island MCLE Commission. Upon course completion and credit request submittal, an application will be submitted to the Rhode Island MCLE Commission.

Video Download - Rhode Island CLE - 1: NBI is an accredited sponsor with the Rhode Island MCLE Commission. Upon course completion and credit request submittal, an application will be submitted to the Rhode Island MCLE Commission.

Tennessee CLE Approved · 1 Total Credits

Earn Until

OnDemand - Tennessee CLE - 1: This course has been approved by the Tennessee Commission on Continuing Legal Education for a maximum of 1.0 hours of Distance Learning credit, including 0.0 hour of ethics/professionalism (EP) credit.

Vermont CLE Approved · 1 Total Credits

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OnDemand - Vermont CLE - 1: This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program may qualify for up to 1.0 hours of self-study credit, including 0.0 hour of self-study ethics credit. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period.

Video Download - Vermont CLE - 1: This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program may qualify for up to 1.0 hours of self-study credit, including 0.0 hour of self-study ethics credit. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period.

Washington CLE Approved · 1 Total Credits

Earn Until

OnDemand - Washington CLE - 1: This program may qualify for up to 1.0 hours of Washington continuing legal education (Self Study) A/V credit, which includes 1.0 hours of Law and Legal Procedure and 0.0 hour of ethics and professional responsibility.

Video Download - Washington CLE - 1: This program may qualify for up to 1.0 hours of Washington continuing legal education (Self Study) A/V credit, which includes 1.0 hours of Law and Legal Procedure and 0.0 hour of ethics and professional responsibility.

Wisconsin CLE Approved · 1 Total Credits

Earn Until

OnDemand - Wisconsin CLE - 1: Approved for up to 1.0 hours of repeated on-demand CLE credit by the Board of Bar Examiners. No more than 15.0 hours of repeated on-demand CLE credit may be earned during a reporting period. An attorney may not earn ethics and professional responsibility credit with repeated on-demand courses.

Video Download - Wisconsin CLE - 1: Approved for up to 1.0 hours of repeated on-demand CLE credit by the Board of Bar Examiners. No more than 15.0 hours of repeated on-demand CLE credit may be earned during a reporting period. An attorney may not earn ethics and professional responsibility credit with repeated on-demand courses.

West Virginia CLE Approved · 1.2 Total Credits

Earn Until

OnDemand - West Virginia CLE - 1.2: This program may qualify for up to 1.20 hours of pre-recorded credit, which includes 0.0 hour of pre-recorded ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of pre-recorded CLE credit may be earned during a reporting period.

Video Download - West Virginia CLE - 1.2: This program may qualify for up to 1.20 hours of pre-recorded credit, which includes 0.0 hour of pre-recorded ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of pre-recorded CLE credit may be earned during a reporting period.

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Agenda

All times are shown in

  1. Executive Orders and the Legal Limits of Presidential Power

    1. Presidential Powers and Current Legal Controversies
    2. Key Judicial Precedents Shaping Presidential Authority
    3. Deeper Dive Into Executive Orders: Understanding Their Scope and Constraints
    4. Executive Overreach and Legal Challenges

Who Should Attend

This program is designed for attorneys.

Speakers

Michael J Gerhardt
Michael J.
Gerhardt
University of North Carolina School of Law
Speaker bio
Michael J Gerhardt

Michael J. Gerhardt

University of North Carolina School of Law
Michael Gerhardt

<p>is the Burton Craige Distinguished Professor of Jurisprudence at the University of North Carolina School of Law. His teaching and research focuses on constitutional conflicts between presidents and Congress. Professor Gerhardt is the author of nine books, including<em> Lincoln&#39;s Mentors</em> (Harper Collins, 2021), and leading treatises on impeachment, appointments, presidential power, Supreme Court precedent, and separation of powers. He has written more than a hundred law review articles and dozens of op eds in the nation&#39;s leading news publications, including SCOTUSblog, <em>The New York Times</em>, and <em>Washington Post</em>. His book, <em>The Forgotten Presidents</em> (Oxford University Press 2013), was named by <em>The Financial Times</em> as one of the best non-fiction books of 2013. He was inducted into the American Law Institute in 2016. Professor Gerhardt attended the University of Chicago Law School, where he graduated order of the coif and served as a research assistant to both Phil Kurland and Cass Sunstein and as one of the two student editors of <em>The Supreme Court Review</em>. After law school, he clerked for Chief District Judge Robert McRae of the U.S. District Court of the Western District of Tennessee and Judge Gilbert Merritt of the U.S. Court of Appeals for the Sixth Circuit. He served as deputy media director of Al Gore&#39;s first Senate campaign, practiced law for three years for two boutique litigation firms in Washington and Atlanta, and taught for more than a decade at William &amp; Mary Law School before joining Carolina Law. Professor Gerhardt&#39;s extensive public service has included his testifying more than 20 times before Congress, including as the only joint witness in the Clinton impeachment proceedings in the House; speaking behind closed doors to the entire House of Representatives about the history of impeachment in 1998; serving as special counsel to the Senate Judiciary Committee for eight of the nine sitting Supreme Court justices; as one of four constitutional scholars called by the House Judiciary Committee during President Trump&#39;s impeachment proceedings, and serving as one of the only two legal scholars testifying in four different presidential impeachment proceedings. During the Clinton and first Trump impeachment proceedings, Professor Gerhardt served as an impeachment expert for CNN. In the second impeachment trial of President Trump, he was an expert commentator for CNN, Fox, and MSNBC and served as special counsel to the presiding officer, Senator Patrick Leahy. In 2015, he became the first legal scholar to be asked by the Library of Congress to serve as its principal adviser in revising the official United States Constitution Annotated. In 2019, the Order of the Coif named Gerhardt as its Distinguished Visitor for 2020-2021, an award given to only one law professor each year for outstanding legal scholarship. In 2023, Professor Gerhardt received UNC&#39;s Thomas Jefferson Award, its highest honor in recognition of a faculty member&#39;s public service.</p>

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