Michael Gerhardt
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Michael J. Gerhardt is the Samuel Ashe Distinguished Professor of Constitutional Law at the
University of North Carolina School of Law The University of North Carolina School of Law is the law school of the University of North Carolina at Chapel Hill. Established in 1845, Carolina Law is among the oldest law schools in the United States and is the oldest law school in North Carol ...
in Chapel Hill. He is also the director of the Center on Law and Government at the
University of North Carolina at Chapel Hill A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United States ...
and is an expert on
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...
,
separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
, and the legislative process. He is a Scholar in Residence at the National Constitution Center and visiting scholar at the
University of Pennsylvania Law School The University of Pennsylvania Carey Law School (also known as Penn Law or Penn Carey Law) is the law school of the University of Pennsylvania, a private research university in Philadelphia, Pennsylvania. It is among the most selective and olde ...
. On December 2, 2019, it was announced that Gerhardt would testify before the House Judiciary Committee regarding the constitutional grounds for presidential impeachment in the
impeachment inquiry against Donald Trump The inquiry process which preceded the first impeachment of Donald Trump, 45th president of the United States, was initiated by House Speaker Nancy Pelosi on September 24, 2019, after a whistleblower alleged that Donald Trump may have a ...
.


Education and early career

Gerhardt was born in 1956 in
Madison, Wisconsin Madison is the county seat of Dane County and the capital city of the U.S. state of Wisconsin. As of the 2020 census the population was 269,840, making it the second-largest city in Wisconsin by population, after Milwaukee, and the 80th-lar ...
and grew up in
Mobile, Alabama Mobile ( , ) is a city and the county seat of Mobile County, Alabama, United States. The population within the city limits was 187,041 at the 2020 United States census, 2020 census, down from 195,111 at the 2010 United States census, 2010 cens ...
, where he attended UMS-Wright and was ranked second in the state in junior tennis. He is a
cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sou ...
graduate of
Yale University Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the wo ...
(B.A., 1978), attended graduate school at the
London School of Economics , mottoeng = To understand the causes of things , established = , type = Public research university , endowment = £240.8 million (2021) , budget = £391.1 millio ...
(M.Sc., 1979), and graduated from the
University of Chicago Law School The University of Chicago Law School is the law school of the University of Chicago, a private research university in Chicago, Illinois. It is consistently ranked among the best and most prestigious law schools in the world, and has many dist ...
(J.D., 1982). Gerhardt is
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
. Gerhardt served as a clerk for Chief Judge Robert McRae of the United States District Court for the Western District of Tennessee (1982-1983) and Judge
Gilbert Merritt Gilbert Stroud Merritt Jr. (January 17, 1936 – January 17, 2022) was an American lawyer and jurist. He served as a United States circuit judge of the United States Court of Appeals for the Sixth Circuit from 1977 to 2022. Early life Merritt ...
of the United States Court of Appeals for the Sixth Circuit from 1983 to 1984. After his clerkships, he served as deputy media director of
Al Gore Albert Arnold Gore Jr. (born March 31, 1948) is an American politician, businessman, and environmentalist who served as the 45th vice president of the United States from 1993 to 2001 under President Bill Clinton. Gore was the Democratic Part ...
’s Senate campaign. Gerhardt then worked for two law firms in Washington, D.C. and Atlanta.


Career

Gerhardt joined the UNC law faculty in 2005. Prior to UNC, Gerhardt worked at Wake Forest School of Law and William & Mary Law School, served as dean of the Law School at Case Western Reserve, and had been a visiting professor at Duke and Cornell Law Schools. Gerhardt is the author of several books regarding constitutional law and history, including ''The Power of Precedent.'' His most recent book is ''The Forgotten Presidents: Their Untold Constitutional Legacy'', published in April 2013 by
Oxford University Press Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books ...
. Gerhardt has assisted members of Congress and the White House on a range of various constitutional issues, beginning with drafting the judicial selection policy for the transition of
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
into office. Gerhardt then worked with the National Commission on Judicial Discipline and Removal. He has testified several times before the
House Judiciary Committee The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, a ...
, including as the only joint witness in the 1998 hearing on the history of U.S. impeachment, during the consideration of the
impeachment of President Bill Clinton Bill Clinton, the 42nd president of the United States, was impeached by the United States House of Representatives of the 105th United States Congress on December 19, 1998, for "high crimes and misdemeanors". The House adopted two articles of ...
. Also, he was one of only two legal scholars to testify against the constitutionality of the Line Item Veto Act of 1996, which the Supreme Court struck down in ''
Clinton v. City of New York ''Clinton v. City of New York'', 524 U.S. 417 (1998), was a landmark decision by the Supreme Court of the United States in which the Court held, 6–3, that the line-item veto, as granted in the Line Item Veto Act of 1996, violated the Presentme ...
''. In 2009, he testified as an expert before the select House committee considering whether to impeach Judge
Thomas Porteous Gabriel Thomas Porteous Jr. (December 15, 1946 – November 14, 2021) was a United States federal judge, United States district judge of the United States District Court for the Eastern District of Louisiana. He served for sixteen years before ...
. He also has testified before the Senate regarding the constitutionality of
filibuster A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent decision. It is sometimes referred to as "talking a bill to death" or "talking out ...
ing. Gerhardt has worked and testified in Senate confirmation proceedings for Supreme Court Justices, beginning in 1994 when he counseled the White House regarding Associate Justice
Stephen Breyer Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and repl ...
's confirmation hearings. In 2005, he consulted with senators on the John Roberts nomination as Chief Justice of the United States. Gerhardt then served as a witness in the Senate Judiciary Committee’s hearings on the nomination of
Samuel Alito Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has served ...
, to become an associate justice of the Supreme Court. Along with Professor
Laurence Tribe Laurence Henry Tribe (born October 10, 1941) is an American legal scholar who is a University Professor Emeritus at Harvard University. He previously served as the Carl M. Loeb University Professor at Harvard Law School. A constitutional law sc ...
of
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
, he is the only legal scholar to have been invited to testify in both the 1998 impeachment proceedings against President Clinton and the confirmation hearings for Associate Justice Alito. He also acted as Special Counsel to
Senator Patrick Leahy Patrick Joseph Leahy (; born March 31, 1940) is an American politician and attorney who is the Seniority in the United States Senate, senior United States senator from Vermont and serves as the president pro tempore of the United States Senat ...
regarding the nominations of
Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 10, 2010, and has served since August 7, 2010. Kagan ...
and Sonia Sotomayor to the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. In 2012, Gerhardt testified again before the
House Committee on Oversight and Government Reform The Committee on Oversight and Reform is the main investigative committee of the United States House of Representatives. The committee's broad jurisdiction and legislative authority make it one of the most influential and powerful panels in the ...
. Gerhardt is interviewed frequently by many news outlets, including
National Public Radio National Public Radio (NPR, stylized in all lowercase) is an American privately and state funded nonprofit media organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It differs from other n ...
, as an expert on constitutional law and issues.


Personal life

Gerhardt is married to Deborah Gerhardt, who teaches contracts, copyright, and trademark law at the
University of North Carolina School of Law The University of North Carolina School of Law is the law school of the University of North Carolina at Chapel Hill. Established in 1845, Carolina Law is among the oldest law schools in the United States and is the oldest law school in North Carol ...
. They have three children together – Benjamin, Daniel, and Noah Gerhardt.


References


External links

*http://www.law.unc.edu/faculty/directory/gerhardtmichaelj/ * {{DEFAULTSORT:Gerhardt, Michael 1956 births Living people Jewish American attorneys Alumni of the London School of Economics University of Chicago Law School alumni University of North Carolina at Chapel Hill faculty Yale University alumni 21st-century American Jews