The Constitution's Role in Defending Democracy

10/31/18  //  In-Depth Analysis

In defending our democratic system, 'We the People' can look to the Constitution itself as a beacon that defines the rights we are owed.

Corey Brettschneider

Brown University

Four Tools to Save a Constitutional Democracy

10/29/18  //  In-Depth Analysis

Protecting democracies is not a matter of any one election. There’s a long road ahead to save our democracy. Here are some key steps.

Multidimensional Separation(s) of Powers and Questions of Democratic Erosion

10/29/18  //  In-Depth Analysis

All of those tedious checks and balances and lines of separation that frustrate one and all during times of normal, functional democratic governance have a very real role to play in our constitutional order.

Jon D. Michaels

UCLA School of Law

Twitter and the Political Community

10/26/18  //  In-Depth Analysis

By communicating mainly through Twitter, Trump has asserted the power to define his own political community—and to exclude people from it.

Kate Shaw

Cardozo Law

Saving Democracy Through Impeachment?

10/24/18  //  In-Depth Analysis

By Rosalind Dixon: Low thresholds for impeachment could undermine (rather than strengthen) democracy

Take Care

Is Our Democracy in Peril?: The Importance of the Courts

10/23/18  //  In-Depth Analysis

The Constitution can and should play a vital role in preventing democratic decline

Brianne J. Gorod

Constitutional Accountability Center

Defending our Democracy in the Age of Trump

10/23/18  //  In-Depth Analysis

By Andrew Boyle: Whether we proceed down the path of erosion, or whether we do the work to avert that path, is dependent on us

Take Care

How to Save a Constitutional Democracy

10/22/18  //  In-Depth Analysis

Our new book offers a distinctive diagnosis of how democracy is lost, and then roadmaps various pathways along which a reform agenda might proceed.

Aziz Huq

University of Chicago Law School

Tom Ginsburg

University of Chicago Law School

Versus Trump: Trump Wins One Versus Stormy

10/18/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie talk about the recent decision that dismissed Stormy Daniels' defamation lawsuit against the President. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

A Progressive Yankee in John Roberts’ Court

10/17/18  //  In-Depth Analysis

Instead of seeking to restructure or undermine the Supreme Court, progressives should focus on advancing their cause through conservative arguments

Daniel Hemel

University of Chicago Law School

Advancing a Left-Liberal Jurisprudence

10/16/18  //  In-Depth Analysis

Winning elections isn’t enough. Progressive majorities need to be willing to invest significant political capital in judges who are committed to a left-liberal jurisprudence.

Jon D. Michaels

UCLA School of Law

Why Democrats Should Pack the Supreme Court

10/15/18  //  In-Depth Analysis

Republicans have broken the rules time and again. For Democrats not to respond in kind is to commit political suicide.

Michael Klarman

Harvard Law School

Versus Trump: N.Y. Versus Wilbur Ross

10/11/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie talk about the fight over Commerce Secretary Wilbur Ross's potential testimony in an important lawsuit over the census. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

A Tainting of Judicial Independence

10/8/18  //  In-Depth Analysis

Kavanaugh's potential perjury means that his seat on the Court may depend on continuing Republican control in Congress. This is plainly inconsistent with any account of judicial independence.

Tom Ginsburg

University of Chicago Law School

Aziz Huq

University of Chicago Law School

The 'All of the Above' Approach to Justice Kavanaugh

10/7/18  //  In-Depth Analysis

Do progressives give up on the Court? Declare war on it? Pretend nothing has changed? Each of us will have to decide for ourselves. There is no 'right way' to respond to our new reality.

Michael C. Dorf

Cornell Law School