Articles Posted in Politics

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.

Senate Republicans Offer Laughable Reasons for Refusing to Confirm an Obama Supreme Court Nominee
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Cornell University law professor Michael Dorf explains why Republicans’ claims that President Obama lacks democratic legitimacy in appointing a successor to the late Justice Antonin Scalia. Dorf points out that the reasons offered thus far for refusing to confirm an Obama nominee seem to imply that originalism/formalism can be validated or invalidated by popular approval, even absent a constitutional amendment.

Enough
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Cornell University law professor Joseph Margulies comments on Donald Trump’s recent declaration that not only does he support torture, but that if he becomes president, he would utilize it more, regardless of whether it “works.” Margulies explores these statements as well as the identity of those who support him and his views.

When Judicial and Presidential Politics Collide
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Cornell University law professor Joseph Margulies comments on the likely political and legal consequences of the recent passing of Associate Supreme Court Justice Antonin Scalia. Margulies predicts that, due to the ongoing presidential campaign, anyone President Obama nominates to fill the vacancy might become both a partisan tool in presidential politics and also a symbol for the future of America.

Republicans Will Not Seriously Try to Sell Marco Rubio as a Moderate, Will They?
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In this first of a series of columns evaluating presidential candidates’ claims of being moderate, George Washington law professor and economist Neil H. Buchanan argues that Marco Rubio is extremely conservative on both social and economic issues. Buchanan points to Rubio’s position on such social issues as reproductive rights, same-sex marriage, gun control, and economic issues such as tax policy and the federal budget.

Homespun Wisdom (and Wrongheadedness) in Iowa on the Treatment of Muslims
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Illinois Law dean and law professor Vikram David Amar evaluates three people’s statements regarding America’s treatment of Muslims: President Obama, an Iowa businessman, and a local Muslim cleric (an imam). Amar points out that Donald Trump’s proposal that America ban all Muslims from entering the country is vastly underinclusive (because the great majority of violent acts in this country are perpetrated by non-Muslims), and at the same time very overinclusive (because the overwhelming majority of Muslims who want to enter the United States intend no harm)—two indicators of legal and moral unfairness.

Godly Rhetoric in Presidential Campaigns: Cruz, Rubio, and Reagan
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Cardozo law professor Marci Hamilton comments on the use of religious terms in among the Republican presidential candidates, particularly terms that refer to a specific religio-political world view. Hamilton especially critiques Cruz’s and Rubio’s invocation of Ronald Reagan’s name, pointing out that Reagan tried to bring Americans together in his speeches, even in his references to God.

Have Democrats Rediscovered Unions Too Late?
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Neil H. Buchanan, a law professor and economist at George Washington University, comments on the recent trend of mainstream liberal opinion makers to express public support for labor unions. Buchanan explains the tumultuous history of liberals and labor unions, and he wonders whether this overdue support is too little too late, in light of a case currently before the U.S. Supreme Court.

Republicans Should Learn From Flint That Governing on the Cheap Costs Too Much
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George Washington law professor and economist Neil H. Buchanan discusses a set of issues raised by an op-ed on the public health emergency in Flint, Michigan, written by one of former president George W. Bush’s speechwriters. Buchanan argues that one of the takeaway lessons is that the government—and particularly the federal government—plays an essential role in responding adequately when disaster strikes.

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