Analysis and Commentary on Politics
Trump’s Economic Policy Announcements Keep Changing, But They Never Get Better

George Washington law professor and economist Neil H. Buchanan explores US presidential candidate Donald Trump’s frequently changing economic policy announcements. Buchanan highlights why Trump’s proposed policies are difficult to assess by noting that most lack sufficient detail to predict how they might work in practice. Buchanan also evaluates Trump’s statements, to the extent possible, compares them to Hillary Clinton’s positions on the same issues, and explains where Trump’s would ultimately fall short, should he win this November.

There Is an Antidote to the Politics that Endanger Children

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

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

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

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

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

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

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?

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

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

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

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

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?

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

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

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

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.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more