Illinois law dean Vikram David Amar and professor Jason Mazzone argue that the constitutional ambiguity over who may preside over former President Trump’s second impeachment trial supports the conclusion that the Senate should ask Chief Justice John Roberts to preside. Dean Amar and Professor Mazzone explain why other people—such as Senate President Pro Tempore, the Vice President, and any other senator—are not ideal options because of real or perceived conflicts.
Illinois law professor Lesley M. Wexler and Nicola Sharpe discuss various corporate responses to the recent storming of Capitol Hill and consider whether such responses might constitute private transitional justice. Professors Wexler and Sharpe point out, however, that simply vocalizing a commitment to social justice, diversity, and inclusivity is not enough; corporations should diversify boards and leadership representation and take other quantifiable steps that transform corporate culture and processes.
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.
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.
Cornell law professor Michael C. Dorf comments on the willingness of Americans to believe lies and misinformation, pointing to confirmation bias and social media bubbles as playing key roles in this problem. Professor Dorf argues that we must render Trumpism beyond the pale, in part by shunning those who spread lies and minimizing opportunities for them to spread dangerous misinformation and incite riots.
Illinois law professor Lesley M. Wexler discusses the possibility of and criteria for amend making, amid calls for national unity and moving forward after the violence at the Capitol on January 6. Professor Wexler focuses on Oklahoma Senator James Lankford’s recent apology after his call for an electoral commission, applauding Senator Lankford for his willingness to apologize but pointing out that these actions alone do not undertake much of the hard work demanded by restorative and transitional justice.
Austin Sarat—Associate Provost and Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College—and history teacher John deVille argue that George should take the lead in holding Donald Trump accountable for crimes against democracy. Professor Sarat and Mr. deVille point out that a criminal trial with Trump in the dock would be both “a galvanizing national seminar on democratic values” and “a chance for officers of the court to question the President in a forum where he could neither obfuscate nor intimidate.”
Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, addresses six key questions about Donald Trump’s second impeachment trial. Falvy provides clear and supported answers to frequently asked questions such as whether the Senate can act to remove Trump from the presidency, whether it can hold a trial after his term expires, who should preside, and whether he will lose his presidential perks.
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.
Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, describes the steps the Biden administration needs to take to bring the country back from the precipice of becoming a theocracy. Professor Hamilton highlights action items with respect to the Department of Justice, the Religious Freedom Restoration Act (RFRA) and the First Amendment, tax exemptions and accountability, and governmental financial support for organizations engaged in discriminatory practices.
Cornell law professor Michael C. Dorf describes what is at stake on Wednesday, January 6, when Congress meets in joint session to confirm Joe Biden’s election as President. Professor Dorf explains why, although Trump apparently lacks the majority necessary to invalidate a duly chose electoral slate, the stakes are still very high.
SMU Dedman School of Law professor Joanna L. Grossman responds to a recent Wall Street Journal op-ed criticizing soon-to-be First Lady Jill Biden for using the academic title she earned. Professor Grossman dissects the op-ed, penned by a retired lecturer at Northwestern University, and explains the deep and pervasive sexism behind it.
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.
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.
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.
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.
In anticipation of a contested election outcome in November, Amherst College Associate Provost Professor Austin Sarat and attorney Daniel B. Edelman call upon Democratic governors to forward a slate of electors that reflects the preference of the greatest number of voters in their states, regardless of what their legislatures might do. Sarat and Edelman argue that the fate of American democracy may depend on these governors.
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.
SMU Dedman School of Law professor Joanna L. Grossman and Boston University law professor Linda C. McClain comment on COVID-19, toxic masculinity, and the state of national politics today. Grossman and McClain contrast President Trump’s reckless bravado that endangers the lives of Americans with the empathy of Democratic presidential nominee former Vice President Joe Biden’s in asking people to be patriotic by doing their part by wearing masks to protect other Americans.
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.