Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar Chair in Taxation at the University of Florida's Levin College of Law. His research addresses economic and philosophical aspects of justice between generations, and he is particularly interested in policies that affect budget deficits, the national debt, health care costs, and Social Security.

Columns by Neil H. Buchanan
The Worst Sequel of 2021: “Debt Ceiling Zombies Attack!”

UF Levin College of Law professor and economist Neil H. Buchanan comments on the (again) impending debt ceiling crisis if Senate Republicans (again) do not adjust the federal debt ceiling by the end of this month. Professor Buchanan reiterates the reasons the debt ceiling is unconstitutional and calls upon President Biden to instruct the Treasury Department to pay all bills in full, using exactly as much borrowed money as Congress’s duly enacted laws require, and to immediately announce that he will do so.

The Intensifying Madness on America’s Political Right: A Decade-Long Perspective

UF Levin College of Law professor Neil H. Buchanan reflects on the evolution of America’s political right over the past decade, from his first Verdict column almost exactly ten years ago to today. Professor Buchanan points out that his first column discussed the problem of the debt-limit crisis, which he argues was a portent for Republicans’ abandonment of ideas, now turning instead to stoking cultural clashes and fomenting grievances.

Go Ahead and Cancel Me, You Erasing, Censorious Silencers; Also . . . Woke!

UF Levin College of Law professor Neil H. Buchanan argues that the terms “cancel culture,” “wokeness,” and the like have come to mean only that the person using them does not like something that is being said or done. Professor Buchanan describes how these epithets are simply today’s (much more quickly adopted) versions of the 1990’s political correctness and “PC police”—all political tools for claiming victimhood.

Will Biden Finally Neuter Republicans’ Debt Ceiling Demagoguery?

UF Levin College of Law professor and economist Neil H. Buchanan responds to apparent plans by some Republicans to bring back the debt ceiling to obstruct the Biden administration. Professor Buchanan explains why that would be a bad idea and also why, if they do, President Biden might be able to kill the debt ceiling as a political issue.

Investing in Our Future: Labels vs. Substance in the Infrastructure Debate

UF Levin College of Law professor and economist Neil H. Buchanan explains why President Biden’s infrastructure spending bill is inexpensive and necessary, given the long-term positive effects of such spending. Professor Buchanan puts the two-trillion-dollar price tag into context and argues that we actually need much more public investment than that.

There Are Many Different Ways to Lose Our Democracy

UF Levin College of Law professor Neil H. Buchanan describes the precarious situation of our democracy and notes that there are many necessary conditions for a constitutional republic to continue to operate, and because each is necessary, losing any of them would lead to the whole system crashing down. In this column, Professor Buchanan points out some of the many ways in which our nation could descend into autocracy.

Reforming Presidential Pardons: Possible and Necessary, but How High a Priority?

UF Levin College of Law professor Neil H. Buchanan explains why it is not only possible and necessary to reform the president’s constitutional pardon power, but why doing so should be a high priority. Professor Buchanan argues that preventing future abuses of the pardon is critical to preventing its use as a tool of autocracy.

It Is Possible and Necessary to Nullify Trump’s Corrupt Pardons (Including Secret Ones)

UF Levin College of Law professor Neil H. Buchanan argues that it is not only constitutional but necessary to review and nullify corrupt presidential pardons, including many of those granted by former President Trump. Professor Buchanan debunks the misconception that the presidential pardon power is “unlimited” as journalists have assumed, based on the language and context of the Pardon Clause and that of a seminal Supreme Court case interpreting it.

Would Senate Republicans Abandon Their Baseless Arguments if There Were a Secret Ballot?

UF Levin College of Law professor and economist Neil H. Buchanan considers whether a secret ballot is a good idea, or even permissible, in former President Trump’s impeachment trial. Professor Buchanan ultimately takes no position on the question of a secret ballot, suggesting that it might simply be an easy way out for Senate Republicans; he argues that what matters most is that the trial go forward, revealing an open-and-shut case against Donald Trump.

Impeaching a Former President Is Plainly Constitutional

UF Levin College of Law professor and economist Neil H. Buchanan argues that the text of the Constitution makes clear that Congress has the power to impeach and convict Donald Trump, even though he is no longer President. Buchanan describes the unambiguous textual support for this conclusion, which Buchanan (and others) argue is also amply supported by the Constitution’s purpose, structure, and other interpretive approaches.

Trump’s Coup Failed, But He Gave Republicans a Road Map to Ending Constitutional Democracy…Soon

UF Levin College of Law professor and economist Neil H. Buchanan points out that although Trump’s coup failed, Republicans now have in front of them all of the building blocks necessary to impose one-party rule in the United States within the next four years. In this first of a series of columns, Professor Buchanan describes but a few of the available options Republicans have to rig elections in their favor.

Trump’s Pardons Can and Must Be Challenged and Nullified

UF Levin College of Law professor and economist Neil H. Buchanan argues that the President’s pardon power is not absolute or unreviewable, despite what many have suggested. Professor Buchanan observes that this conventional misreading of the clause is agrammatical because it treats an ambiguous provision as if it were unambiguous, and he points out that even self-styled textualists do not construct comparable provisions of the Constitution so absolutely.

Hawley’s Excuse for a Coup: Dangerous Nonsense in Search of a Legal Fig Leaf

UF Levin College of Law professor and economist Neil H. Buchanan challenges Senator Josh Hawley’s proffered reason that the Senate should have heard challenges to the counting of electoral votes. Professor Buchanan argues that, no matter how he tries to justify his approach, he was willing to violate the U.S. Constitution to overthrow the duly elected incoming President and to further his own cynical plans to run for President in a future election.

Yes, Trump Is (Still) Engaged in an Attempted Coup; and Yes, It Might Lead to a Constitutional Crisis and a Breaking Point

UF Levin College of Law professor and economist Neil H. Buchanan explains why Donald Trump’s actions reflect an attempted coup and might still lead to a constitutional crisis. In this column, Buchanan first explains what a coup is and describes the ways that Trump has failed in his attempts thus far. Buchanan warns about how all this could still end in a constitutional crisis that Trump creates and exploits to stay in power.

Update on Trump’s Coup: Do Not Think That This Is Guaranteed to End Well

UF Levin College of Law professor Neil H. Buchanan explains why “being patient with Trump” is a recipe for disaster, why there are still reasons to be guardedly optimistic, and why this all could still end very badly. Buchanan argues that the present situation is not guaranteed end badly, but he cautions that a Trump coup is eminently possible.

The Coronavirus and the Election: Trump’s Fateful Decisions Are Shocking and Disqualifying

UF Levin College of Law professor and economist Neil H. Buchanan explains why President Trump’s inept handling of the COVID-19 pandemic should disqualify him from even running for reelection, let alone returning to office. Buchanan argues that it is shocking that we cannot predict the outcome of the 2020 election in light of Trump’s failure to address the biggest health crisis in a century and his consistent efforts to undermine the public response every step of the way.

How in the World Can Republicans Think the Economy Is Their Strong Suit?

UF Levin College of Law professor and economist Neil H. Buchanan debunks the Republican claim that Donald Trump and Republican leaders have handled (and are handling) the economy well. Buchanan points out that the only action that Trump and his party had taken on the economy before the pandemic was a two-trillion-dollar tax cut in 2017, which was weighted toward the rich and unpopular among the American public. Buchanan notes that even before the pandemic hit, workers were living in fear that their families would be destroyed by a medical catastrophe, and it is even worse now.

The Supreme Court Limbers Up to Aid and Abet Trump’s Coup

UF Levin College of Law professor and economist Neil H. Buchanan describes how the U.S. Supreme Court is readying itself to declare Trump the winner of the election. Professor Buchanan points out that no court acting in good faith would apply the text of the Constitution or existing Supreme Court precedents in a way that would allow any of this scheme to see the light of day, but based on what Justice Kavanaugh has written and what Justice Gorsuch strongly suggests, the Court might not even have that minimum amount of good faith.

Racism, Rage, and Raw Political Power: Revisiting the Motivations of Trump’s Supporters

UF Levin College of Law professor and economist Neil H. Buchanan develops his argument that the only plausible reasons Republicans continue to support President Trump are “bigotry and raw political power.” In this follow-up column, Buchanan explores these explanations a bit further, drawing in part from incensed reader responses to his previous column.

A Somewhat Optimistic View of the Possible Constitutional Crisis of 2020

UF Levin College of Law professor and economist Neil H. Buchanan reflects on the contributions of the late Justice Ruth Bader Ginsburg to tax law jurisprudence and discusses the potential chaos that faces our country in the upcoming elections. Although he expresses cautious optimism that law and the American public together should prevent a constitutional crisis, Buchanan warns that we should all be frightened by the fact that the election can still be stolen if enough carefully placed Republican partisans are willing to upend our constitutional democracy.