Cornell Law professor Michael C. Dorf evaluates the constitutional and legal abuses committed by Donald Trump during his second term as president, based on a New York Times survey of 35 legal scholars. Professor Dorf argues that Trump’s actions, which include undermining judicial authority, dismantling federal institutions, and enforcing loyalty over law, threaten to transform the United States from a flawed constitutional democracy into an autocratic kleptocracy.
Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines Judge J. Harvie Wilkinson’s recent Fourth Circuit ruling in the deportation case of Kilmar Abrego Garcia, situating it within Bruce Ackerman’s theory of dualist democracy and the concept of “higher lawmaking” in times of constitutional transformation. Professor Citron argues that Judge Wilkinson’s unusually candid and philosophically grounded opinion reflects a judiciary consciously responding to President Trump’s far-reaching efforts to reshape the constitutional balance of powers, signaling that we may be living through another transformative moment in American constitutional law.
University of Toronto visiting law professor and economist Neil H. Buchanan discusses the disregard for legal and constitutional norms demonstrated by Donald Trump and supported by figures like Senator Lindsey Graham, as well as the co-opting of religious and patriotic ideals by the political right for partisan gain. Professor Buchanan argues that the defense of Trump’s actions undermines democratic principles and shared cultural values, and he highlights the disturbing alignment of some religious leaders with Trump’s divisive rhetoric despite their religion’s traditional teachings of compassion and unity.
Amherst professor Austin Sarat observes that in the United States, democracy faces assaults from MAGA extremists led by Donald Trump and, to a lesser extent, the illiberalism of the extreme left, with a notable shift in attitudes among young people who are less attached to democracy compared to older generations. Professor Sarat argues that the deepening political divide, along with the disillusionment of young people with democracy’s perceived failures in addressing issues like social justice and racial equality, poses a significant threat to the future of democratic governance in the country.
University of Illinois, Urbana-Champaign, history professor emeritus Frederick E. Hoxie reflects on the juxtaposition of the American Independence Day holiday and the prior week’s handful of Supreme Court decisions that usurp the ideal of self-government. Professor Hoxie argues that only by accepting one another and embracing our task as members of a lively democracy can we adopt effective rules for ourselves.
Cornell Law professor Joseph Margulies continues his discussion of why anger can benefit democracy, but he rebuts claims that only anti-democratic solutions can remedy the harms that are supposedly being inflicted on our society. Specifically, Professor Margulies points out as evidence of effective democratic processes the imminent passage of the Inflation Reduction Act of 2022 and the rejection by Kansas voters of a state constitutional amendment that could allow the legislature to restrict or prohibit abortions in that state.
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.
University of Florida Levin College of Law professor Neil H. Buchanan laments the current precarious situation of our constitutional democracy. He argues that a constitutional democracy becomes unsustainable and ultimately dies when a party abuses and changes the system to maintain its power, which he observes Republicans are doing now.
Cornell law professor Michael C. Dorf comments on the recognition by the United States and some other constitutional democracies of Juan Guaidó as Venezuela’s legitimate leader pending new elections. Dorf points out that many countries suffer under incompetent, corrupt, and authoritarian leaders just as Venezuela did under Nicolás Maduro, yet constitutional democracies typically do not rally behind the ouster of those leaders. What makes Maduro’s case different?
