Tag Archives: Donald Trump
The Trump Presidency is the Best Civics Lesson in Our Lifetimes

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, discusses how missteps by the Trump Administration have offered the American people a refresher in basic concepts of U.S. government. Hamilton breaks down these various civics topics and explains how the actions of Donald Trump and his administration have returned subjects such as checks and balances, constitutional allocation of power, and impeachment to the forefront of minds in the American public.

Did Trump’s “Muslim Ban” Talk Permanently Taint His Immigration Policy?

Cornell University law professor Michael C. Dorf considers whether President Trump’s new executive order on immigration, anticipated to be issued this week, will fare better than Executive Order 13769, which temporarily banned nationals of seven predominantly Muslim countries and all refugees from entering the United States. Dorf discusses Trump’s past public statements advocating for a Muslim ban during his presidential campaign and applies the factors courts may use in evaluating whether those statements can be considered evidence of Trump’s motives for his actions as president, should the constitutionality of his executive order be challenged in court again.

President Trump’s Tools to Prosecute Leakers

John W. Dean, former counsel to President Richard Nixon, discusses President Trump’s recent comments regarding information leaks, one of which led to the resignation of National Security Advisor Michael Flynn. While Dean explains that there is no official law in the United States that makes it a crime to leak information to the news media or others, many former U.S. presidents have made attempts to prosecute those who leaked information during their presidencies, with varying degrees of success. This, Dean notes, may lend credence to President Trump's threat of legal consequences, should the individuals responsible for these most recent leaks be identified.

How Will America Resist Trump’s Lust for Absolute Power?

George Washington law professor and economist Neil H. Buchanan considers where resistance may arise during Donald Trump’s presidency. Specifically, Buchanan considers the three branches of government and identifies where in each branch resistance to Trump is strongest, as well as where it needs to be augmented.

Liberal Activism in the Age of Trump

Cornell University law professor Michael C. Dorf shares some of the lessons he has learned as a vegan animal rights advocate, and explains how they apply to other policy areas. In particular, Dorf argues that in order to build a world in which presidential candidates do not pander to humanity’s basest otherizing instincts, we should aim to persuade our fellow humans of our point of view, not merely to organize to outvote them.

Coming Consequences for the Litigious President-elect Trump

John W. Dean, former counsel to President Nixon, discusses the possible consequences of the many lawsuits involving President-elect Donald Trump on his presidency. Dean explains why Trump’s situation is different from other presidents-elect who carried civil lawsuits with them into the Oval Office—Theodore Roosevelt, Harry Truman, John Kennedy, and Bill Clinton.

The Electorate Inadvertently Imposes Real Accountability on Washington Republicans

Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, explains how Republicans’ victories for president and both houses of Congress impose real accountability on the Republican party to get things done. Hamilton argues that with Republicans controlling these branches, they have no excuse for failing to fully come through on all the changes they have promised, including replacing Obamacare, building a wall on the Mexican border, creating jobs, and cutting taxes.

Young Voters, This Is Your Chance to Make History. Enjoy It!

George Washington law professor and economist Neil H. Buchanan explains why the 2016 election is an opportunity for young voters to have the unusual opportunity to make a difference in their future. Buchanan argues that voting for Hillary Clinton is the only way to exercise that power in a way that gives young people hope for a positive future.

Trump Won’t Win a Defamation Suit as a Plaintiff, But He Could Lose as a Defendant

Cornell University law professor Michael C. Dorf explains how under defamation law, Donald Trump may be vulnerable to defamation lawsuits by the women he accused of lying about contact with him, and why, at the same time, any defamation lawsuits he might pursue against those women would be unlikely to succeed.

Trump’s Final Strategy to Win the White House

John W. Dean, former counsel to President Nixon, takes a close look at Donald Trump’s twofold strategy to win the election—Trump’s own electoral map, and his attempts to suppress voters. Dean argues that the only way for Trump to win is to bully his way into the White House, and Dean calls upon Democrats to prevent Trump and his supporters from using physical intimidation to suppress the vote.

Education, the 2016 Election, and the Future

Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, discusses the connection between an educated society and a successful, effective representative democracy. Hamilton argues that a significant reason that uneducated voters are more likely to vote for Donald Trump than educated voters are highlights this country’s failure to ensure that every student is adequately educated, particularly with respect to government.

Two Big Legal Misconceptions That Have Recently Arisen in the Presidential Race

Illinois Law dean Vikram David Amar and California civil litigation attorney Michael Schaps address two common misconceptions about the relationship between criminal law and politics that recently arose in the presidential race. Amar and Schaps explain first why the presumption of innocence does not apply to politics, and second, why the president actually does have the power to order prosecutions.

The Fury of the Mob: Comparing the Calls to Prosecute Clinton and Bush

Cornell University law professor Joseph Margulies compares and contrasts Donald Trump’s call for Hillary Clinton’s imprisonment and the same call against George W. Bush. Although he disagrees with both attempts to seek prosecution, Margulies argues that the call for Clinton’s imprisonment is at best akin to a lynch mob, whereas at least the desire to have Bush prosecuted reflects a good-faith attempt to use the law to punish war crimes.

Notorious P.I.G.: Rape Culture Meets Presidential Politics

SMU Dedman School of Law professor Joanna L. Grossman and University of Pittsburgh law professor Deborah L. Brake analyze the infamous video of Donald Trump boasting about what he can do to women, as well as the response of the Trump campaign. Grossman and Brake argue that Trump’s words in the video, and his non-apology following its release, epitomize the formula that creates rape-prone culture: deny harm, deflect responsibility, and normalize what happened.

Battle of the Sexist: The Implicit, Explicit, and Unrelenting Bias of Trump’s Presidential Campaign

SMU Dedman School of Law professor Joanna L. Grossman and Boston University law professor Linda C. McClain discuss the sexism that pervades Donald Trump’s presidential campaign. Grossman and McClain comment not only on the presidential debates, but also on the bigger question whether (and how) a woman can be perceived as “presidential.”

Republicans Always Lose the Tax Fairness Debate, and Trump Turns It Into a Rout

George Washington law professor and economist Neil H. Buchanan explains why, with the information that we currently have, there is no way to determine whether Donald Trump’s tax strategies were legal or illegal. Buchanan argues that regardless of the answer to that question, there are still too many special provisions for people like Trump—particularly with respect to the real estate sector.

Good Economic News Is Good for Clinton and Bad for Trump

George Washington law professor and economist Neil H. Buchanan revisits Donald Trump’s proposed economic policies in his latest column. Buchanan summarizes these policies and explains why they are counterintuitive to the reality of today’s improving U.S. economy. Trump merely repeats the same talking points and claims the economy will continue to falter without the benefit of his leadership, despite all evidence to the contrary. This, Buchanan notes, offers Hillary Clinton the opportunity to present a positive counter-view and gain much-needed momentum leading up to the election.

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.

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.

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 the University of... 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 Dwight D. Opperman Professor of Law and Director of the Center of Labor and... 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