Articles Posted in Politics

There Is an Antidote to the Politics that Endanger Children
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Marci Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, discusses the continued endangering of children in the United States, specifically in the realm of politics. She suggests a simple solution after illustrating recent examples of this troubling trend: voters must choose political candidates who protect children via their stances on relevant laws and other related political matters.

Social Security’s Political Future in a Clinton Administration
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George Washington law professor and economist Neil H. Buchanan explains why young Americans and black Americans should not believe Trump’s (and Republicans’) claims that they have nothing to lose by dismantling Social Security and Medicare. Buchanan describes the so-called reduced benefits scenario that could happen in the unlikely event that the trust balance reaches zero and contrasts that with the enhanced benefits that could result from a Clinton presidency.

Pivots and Other Pathologies of American Democracy
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Cornell University law professor Michael C. Dorf comments on the widely accepted phenomenon in United States elections known as the “pivot,” whereby candidates in both parties change positions between the primary and general elections to appeal to the voters in those particular elections. Dorf explains why candidates commonly pivot, and why general acceptance of this practice should be troubling.

Seeking to Criminalize the Clinton Foundation—A Footnote
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Former counsel to President Nixon, John W. Dean argues that comparisons between former Virginia Governor Robert McDonnell and Democratic presidential candidate Hillary Clinton are inapt. Dean points out several ways in which Hillary’s behavior did not rise even to the level of that of McDonnell, and the U.S. Supreme Court found that even the latter did not support conviction.

Trump Throws Off the Last Pretense That His Campaign Is Not About Bigotry
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George Washington law professor and economist Neil H. Buchanan comments on Donald Trump’s inclusion of Brexit provocateur Nigel Farage as a speaker at a rally in Mississippi. Buchanan argues that the presence of such an openly anti-immigrant, whites-first agitator alongside Trump can mean only one thing about Trump’s own campaign for president.

Why Major and Minor Parties Should Support Instant Runoff Voting
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Cornell University law professor Michael C. Dorf explains why both major and minor parties would benefit from changing to an instant runoff voting system. As Dorf explains, such a system would allow people to vote for their first-choice candidate (including third parties) without the risk of incidentally aiding their last-choice candidate.

The Outrageously False Charges of Perjury Against Hillary Clinton
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John W. Dean, former counsel to President Nixon, discusses the charges of perjury and false statements brought against Hillary Clinton by congressional Republicans led by Bob Goodlatte and Jason Chaffetz. Dean closely scrutinizes the facts underlying the charges and concludes that the charges are utterly baseless and manifest an abuse of power beyond the pale of dirty politics.

An Analysis of Donald Trump’s Economic Proposa…—Wait, He Said What?
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George Washington law professor and economist Neil H. Buchanan evaluates Donald Trump’s economic proposal, finding it at best a regurgitation of Republican economic orthodoxy. Buchanan explains why Trump’s proposal is essentially trickle-down economics, which would simply worsen economic inequality and do nothing to improve the economy.

The Trump University Lawsuit Continues
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Former counsel to the President Nixon, John W. Dean comments on the recent developments in the class-action RICO lawsuit against Trump University. Dean argues that Judge Curiel’s latest actions in the case—denying TU’s motion for summary judgment and granting its request to keep sealed the video depositions of Trump—show that the judge is fair and just despite Trump’s claims to the contrary.

An Open Letter to the Change-Maker Hillary Rodham Clinton on Behalf of Sexual Abuse Victims in the United States
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A Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, Marci Hamilton writes an open letter to Democratic Presidential Candidate Hillary Clinton on behalf of sexual abuse victims around the country. Hamilton asks Clinton what she will do as President of the United States to address the problem of child sex abuse and to help improve victims’ access to justice.

Trump’s Law and Order Versus the Rule of Law
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Cornell University law professor Michael C. Dorf explains the difference between “law and order,” a term Donald Trump uses to describe his approach to governance, and “rule of law,” a principle that those in positions of authority exercise their power even handedly and consistently, within a framework of public norms. As Dorf explains, Trump’s law-and-order message, taken in conjunction with his observed business practices, is that of an authoritarian ruler—one who imposes rules on others yet sees himself above and unconstrained by law.

The Demographic Both Party Platforms Missed: Child Sex Abuse Victims
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Marci Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, discusses how the Republican and Democratic platforms deal with child sex abuse. Hamilton reveals that both parties fail to provide adequate support for child sex abuse victims.

Can Criminal Justice Reform Survive Cleveland?
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Cornell University law professor Joseph Margulies laments the revival of the “law and order” rhetoric triggered by the recent shootings in Dallas and Baton Rouge and seized upon as common ground for Donald Trump and the GOP. Margulies explains why greater police presence and more arrests actually make communities less safe, rather than safer, and argues that such changes threaten to undo the progress made in the criminal justice system over the past several decades.

Clinton and the Democrats Will Have Two Years, at Most, to Accomplish Anything
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George Washington law professor and economist Neil H. Buchanan explains why, if Hillary Clinton is elected, she has at most two years in which to enact legislation. As Buchanan explains, the pattern of U.S. Senate elections makes it highly unlikely there can be any lasting, meaningful change to the government’s partisan gridlock.

Three Important Constitutional Lessons to Take From FBI Director Comey’s Statements About Hillary Clinton’s Email Management
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Illinois Law dean and professor Vikram David Amar describes three lessons we should take from FBI Director Comey’s statements about Hillary Clinton’s email management. First, Amar points out that the president is the ultimate decisionmaker when it comes to all criminal prosecutions. Second, he argues that there are other ways that Republican leaders could seek to punish Ms. Clinton for what they believe to be wrongdoing—such as the impeachment process. Finally, Amar suggests that to prevent Republicans (or others) from doggedly trying to prosecute Ms. Clinton for years to come, regardless of the outcome of the presidential election, President Obama could pardon her just before he leaves office, as other presidents have done in numerous instances.

Hillary’s James Comey Nightmare Likely Continues
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John W. Dean, former counsel to President Nixon, delves into the FBI’s findings regarding the Hillary Clinton classified email investigation, as explained in a recent statement by FBI Director James Comey. Dean further breaks down how the statements are likely to continue to adversely affect Clinton’s presidential campaign due to the vague nature of Comey's testimony, even after the FBI concluded that no reasonable prosecutor would pursue a criminal case on this matter.

United States et al. vs. Texas et al.: A Political Question for November
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John W. Dean, former counsel to President Nixon, explains the significance of the U.S. Supreme Court’s equal division in the immigration case United States v. Texas, which involved a challenge to the Obama administration’s sweeping immigration policy. Dean argues that the Court is effectively punting the political question of the immigration policy to the winner of the 2016 presidential election.

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