Articles Posted in Politics

In for a Pence: How Congress Can Smooth the Path for Trump’s Removal via the 25th Amendment
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Guest columnist Dean Falvy, a lecturer at the University of Washington School of Law and attorney with an international business practice, explains how Congress might be able to use the 25th Amendment to remove President Donald Trump. Falvy explains the difficulties in involuntarily removing a president under the 25th Amendment and describes how Congress might get around these difficulties.

How Will America Resist Trump’s Lust for Absolute Power?
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George Washington law professor and economist Neil H. Buchanan considers where resistance may arise during Donald Trump’s presidency. Specifically, Buchanan considers the three branches of government and identifies where in each branch resistance to Trump is strongest, as well as where it needs to be augmented.

Law, Politics, and Symbolism in the Muslim Ban
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Cornell University law professor Joseph Margulies argues that the significance of President Trump’s “Muslim Ban” executive order lies not in the legal issues it presents, but in its symbolism. As Margulies explains, the executive order is a symbol that will be used to mobilize support for competing narratives about American life; what ultimately matters is which narrative prevails.

Talking Ourselves Out of Doing Anything to Resist Trump
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George Washington law professor and economist Neil H. Buchanan discusses how anti-Trump voters should (and should not) talk to those who supported Trump. Buchanan argues that if economic issues are not the primary concern, then anti-Trump voters should focus instead on directly (yet respectfully) discussing social issues and identity politics.

You’re Fired: Four Ways Donald Trump’s Presidency Might Not Last Four Years
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Guest columnist Dean Falvy, a lecturer at the University of Washington School of Law and attorney with an international business practice, examines four ways in which Donald Trump’s presidency might not last for the full four-year term. In addition to describing each of the four ways, Falvy offers a prediction as to the likelihood Trump’s presidency will end in that manner.

Who Is To Blame? Understanding Trump’s Rise In Order to Guarantee His Fall
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George Washington law professor and economist Neil H. Buchanan argues that two groups are primarily responsible for electing Donald Trump: Republican officeholders who knew better and non-voters (especially younger voters) who ignored their responsibility to the future. Buchanan calls upon all voters to fight now harder than ever to restore and protect our constitutional democracy.

Inauguration Day 2017—Trump’s Dangerous Ego Trip
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John W. Dean, former counsel to President Richard Nixon, expresses concern over the presidency of Donald Trump, which begins today with his inauguration. Dean predicts that Trump will serve at least one complete term as president but fears it could result in the end of the United States of America as we know it.

The Sunshine the Constitution Craves: Alec Baldwin, Meryl Streep, Protesters, and Boycotters Should Not Stop Now
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Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, defends those protesting Donald Trump’s inauguration this week in the face of those calling for “unity.” Hamilton argues that “unity” in this case is simply a euphemism for “uniformity” and that the very democratic process demands that the people speak out and have their voices heard.

Another Excuse for Possible Constitutional Overreach by Trump
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George Washington law professor and economist Neil H. Buchanan explores how President-elect Donald Trump could seize upon, or even create, a debt ceiling crisis as a way to enhance his executive powers. Buchanan explains that Trump could put himself into a “trilemma” on purpose, giving himself no choice but to pick and choose which of the government’s debts he would pay and which he would not.

I Might Actually Agree With Trump About Something, Someday, Maybe
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George Washington law professor and economist Neil H. Buchanan explains how and why House Republicans might put President-elect Donald Trump in a debt ceiling crisis, just as they did to President Obama. Buchanan points out that Trump might rightfully choose to ignore the debt ceiling law, which Buchanan argues is unconstitutional anyway.

An Index Fund is the Next Best Thing to a Blind Trust
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Cornell University law professor Michael C. Dorf argues that for extremely wealthy government officials, in order to avoid conflicts of interests based on their financial holdings, could turn to a broad-based diversified portfolio, rather than having to utilize a blind trust. Dorf explains why this particular solution works for extremely wealthy individuals and why President-elect Donald Trump and much of his cabinet should take heed.

Donald Trump and the National Security State
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Cornell University law professor Joseph Margulies considers what Donald Trump’s approach to national security might be, based on the particular combination of his ideology and the technology available to him. Margulies points out that Trump has the surveillance technology that was available to Obama without the reservations about profiling.

The Republican Fail on Sex Assault and Child Sex Abuse
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Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how many Republicans are responsible for blocking legislative change that would help victims of sexual assault and child sex abuse find justice. Hamilton argues that the current climate in the United States draws the line at protecting—whether implicitly or explicitly—perpetrators of sexual abuse and child sex abuse.

The North Carolina Legislature’s Power Grab is Unfair and Undemocratic. Is it Also Illegal?
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Cornell University law professor Michael C. Dorf discusses the recent actions by the GOP-controlled North Carolina legislature stripping the newly elected Democratic Governor Roy Cooper of much of the power of his office. Dorf explains some of the potential legal challenges to this legislative action and argues that this reckless attitude is a danger to democracy.

Two Predictions (Maybe Rants) About Donald Trump’s Presidency
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John W. Dean, former counsel to President Nixon, makes two predictions about Donald Trump’s presidency: (1) Trump will cut off access from the White House press corps, and (2) he will violate his oath of office as president. In this column, Dean elaborates on the first of these predictions.

Trump Should Work With Democrats on an Infrastructure Plan
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George Washington law professor and economist Neil H. Buchanan explains why President-elect Donald Trump should work with Democrats to achieve the infrastructure plan he described during his campaign. As Buchanan argues, Trump can benefit politically from an infrastructure spending bill in ways that he would not if he were to focus instead on regressive tax cuts or changing international trade policy.

Why Electors Should Not Make Hillary Clinton (or Anyone Else Besides Donald Trump) President
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Illinois Law dean and professor Vikram David Amar argues that the presidential electors should not elect anyone besides Donald Trump when they cast their ballots on December 19. Amar points out that while there are better way to elect a president than the electoral college, it would be unwise to switch rules after the end of the election and allow independent, unaccountable electors to make decisions based on what they think America wants.

Trump’s Business Conflicts: Total Divestiture Is His Only Answer
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John W. Dean, former counsel to President Richard Nixon, explains why President-elect Donald Trump must divest himself from ownership in any property or entity that his actions or decisions as president might benefit. Dean draws upon his experience in the Nixon White House to argue that anything less than complete divestiture will not suffice; such is the price of public service.

Meet our Columnists
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor of Law and Former Dean at the University of Illinois College of Law on the Urbana-Champaign campus.... more

Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at the University of Toronto Law school. He is the James J. Freeland Eminent Scholar Chair in Taxation Emeritus at the... more

John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the... more

Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and six books on constitutional... more

Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and Employment Law and Institute of Judicial Administration at New York University School of Law. He... more

Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las Vegas Boyd School of Law. Prof. Griffin, who teaches constitutional law and bioethics, is known for... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law and is currently serving as the Herman Phleger Visiting Professor at Stanford Law School. ... more

Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of Pennsylvania. She is also the founder and CEO of CHILD USA, a 501(c)(3) nonprofit academic think... more

Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in Geren v. Omar... more

Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.Professor Sarat founded both Amherst College’s Department of Law,... more

Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and Professor of Constitutional Law Emeritus at Harvard Law School, where he has taught since 1968. Born in... more

Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Wexler was a Professor of Law at Florida State University,... more