Articles Posted in Politics

Republicans Can Save Their Party if They Can Admit to Themselves That Clinton Is Tolerable
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George Washington University law professor and economist Neil H. Buchanan explains why it is in the best interests of Republican leaders for them to admit that Hillary Clinton would be a tolerable president, rather than to support Donald Trump. Buchanan argues that for them to continue to support Trump is to risk putting a dangerous loose cannon in the White House, who at best will render the Republican party unrecognizable, and at worst could tear apart the country.

More On Trump’s Business Practice Coming Soon to a Screen Near You
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John W. Dean, former counsel to President Nixon, continues his discussion of the federal lawsuit against Trump University. As Dean points out, Trump’s attacks on Judge Gonzalo Curiel drew public attention to this lawsuit and may further harm his presidential bid if his confidential and video depositions are released, which Dean argues is likely.

Donald Trump’s Criticism of Judge Curiel Was Racist, but Precisely How?
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Dean and law professor at Illinois Law, Vikram David Amar discusses Donald Trump's public criticism of Judge Gonzalo Curiel, who is currently presiding over the federal fraud lawsuit against Trump University. Amar weighs Trump's arguments as to Judge Curiel's purported bias toward him against what is known about Trump's own tendency to personalize disagreements without cause. Amar argues further that while some opinions are in fact formed as a result of one's ethnicity and experiences as a racial minority, this does not apply in the present instance for a number of reasons, each of which Amar explores in today's column.

What Do “High Negatives” Mean? Or: Hillary Clinton On Her Worst Day Is Better Than Donald Trump On His Best
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Neil H. Buchanan, a law professor and economist at George Washington University, discusses the negative opinions a large number of Americans hold about both Donald Trump and Hillary Clinton in the lead-up to the 2016 Presidential Election. He further explains how peoples' discontent with Clinton differs from that relating to Trump, revealing a stark disparity between the two candidates' qualifications to become President. Where Clinton's naysayers frequently offer vague or unsubstantiated complaints, Buchanan argues that the criticism aimed at Trump is far more substantive.

Even After Trump Loses, Constitutional Democracy in the United States Will Still Be in Peril
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George Washington law professor and economist Neil H. Buchanan explains why, whether Donald Trump wins or loses the presidency, constitutional democracy in the United States is seriously threatened. Buchanan argues that Trump’s stated plans for the country would effectively destroy our constitutional democracy, but even a Republican-caused gridlocked Congress under a President Hillary Clinton could cause a debt crisis and economic collapse.

Looking Closer at Trump’s Attacks on Judge Curiel
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John W. Dean, former counsel to President Nixon, takes a close look at Republican presumptive presidential nominee Donald Trump and his attacks on Judge Curiel. Dean scrutinizes the lawsuits involving Trump University and points out that the alleged behavior, if true, could criminally implicate Trump and Trump University.

Is This the Beginning of the End of Constitutional Democracy in the U.S.?
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In this first of a two-part series of columns, George Washington law professor and economist Neil H. Buchanan considers whether the constitutional democracy in the United States is near its demise. Buchanan compares and contrasts the responses to issues faced by middle-class America given by Democratic presidential candidates Bernie Sanders and Hillary Clinton with those given by Republican nominee apparent Donald Trump.

Don’t Compare Trump’s Presidential Campaign to Barry Goldwater’s
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John W. Dean, former counsel to President Nixon, explains why any comparisons between Donald Trump’s and Barry Goldwater’s presidential campaigns are completely off the mark. Dean argues that Barry Goldwater entered public service to make government better, whereas Donald Trump’s goals are completely self-serving.

Trump Finds a Way to Be Just a Bit More Unhinged than the Republican Establishment Is About the Federal Debt
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George Washington law professor and economist Neil H. Buchanan explains how Donald Trump’s recent comments about the federal debt reveal that he is even more irresponsible—though only slightly—than the Republican establishment on this issue. Buchanan describes the problems with repudiating the debt as Trump suggests the government do.

An Era of Unchecked Presidential Primaries
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Former counsel to the president John W. Dean comments on the current role of the national political parties in presidential campaign politics. Dean argues that both Sanders and Trump illustrate candidates’ declining need for the support—financial or otherwise—of the national parties in order to excel in the primary process.

On Social Security, at the Very Least, the Dishonesty Is All on the Republican Side
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George Washington University law professor and economist Neil H. Buchanan explains why, contrary to claims by Republicans, Social Security is not on the brink of bankruptcy or insolvency. Buchanan points out that even in the unlikely event of the worst case scenario—where the Social Security trust fund reaches zero—retirees would still receive modest benefits.

Will Donald Trump Be the GOP Presidential Standard-bearer?
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John W. Dean, former counsel to President Nixon, explains why Republican presidential candidate Donald Trump is finding so much success in the Republican primaries. Dean argues that Trump is the prototypical authoritarian personality type leader, and his supporters are prototypical authoritarian personality type followers.

Why Clinton and Sanders Are Both Right (and Trump Is Wrong) About International Trade
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George Washington law professor and economist Neil H. Buchanan explains why Hillary Clinton and Bernie Sanders are both correct about international trade. Buchanan points out that there is no single set of policies that deserves to be called “free trade,” and thus that the term is incoherent.

Social Security Will Be There When Today’s Young People Retire
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George Washington University law professor and economist Neil H. Buchanan argues that Social Security will still be there when today’s youth retire, despite claims to the contrary by Republicans and the media. Buchanan explains the key difference between the Social Security trust fund and the Social Security system generally.

Does Boredom Explain Some of Trump’s Appeal?
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Cornell University law professor Michael C. Dorf discusses the American public's enduring fascination with Donald Trump, and explains how the social science of boredom may be at play in it. Dorf highlights studies that explain this phenomenon from distinct angles, and applies the findings to the general voting populace as a means of explaining why people just cannot seem to get enough of Trump, regardless of whether they agree with his politics.

Trump’s Anatomy Is More Relevant Than You Think
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In light of Donald Trump’s recent comments about his anatomical endowment, Cornell University law professor Michael C. Dorf discusses the role of virility—and perceived virility—among prior American presidents and other world leaders of history. Dorf points out that while some studies suggest popular perception of one male candidate as “more manly” than another might give him an edge up, analysis shows that result cannot necessarily be extrapolated to predict male versus female elections.

The Grave Risks of the Senate Republicans’ Stated Refusal to Process any Supreme Court Nominee President Obama Sends Them
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Illinois Law dean and professor Vikram David Amar describes some of the risks Senate Republicans will face if they refuse to process any Supreme Court nominee that President Obama sends them, as they have claimed they would. Among these risks, Amar argues, are the possibility that a President Hillary Clinton might appoint Obama to the Supreme Court, that the Democrats could take over the Senate and approve a nominee that a Republican-controlled Senate would not have approved, or even that Justices Breyer and Ginsburg could retire under a Democrat-controlled Senate, giving President Obama three places on the Court to fill with liberal justices.

The Kasich Moderation Burlesque
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George Washington University law professor and economist Neil H. Buchanan continues his series of columns evaluating presidential candidates’ claims of being moderate by looking at Ohio governor John Kasich. Buchanan cautions that although as governor Kasich accepted a Medicaid expansion for Ohio and acknowledges climate change, his actions and words with respect to issues such as abortion, the Affordable Care Act, and the federal budget—among others—reflect extreme conservative views, not moderate ones.

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