Recent | Take Care

Are We All Textualists Now?

Trump's executive order closing the government today out of respect to George H.W. Bush violates the plain text of a federal statute. If we really were all textualists now, that would be taken seriously.

Neil J. Kinkopf

George State University College of Law

Versus Trump: Versus Whitaker (JH solo)

11/15/18 // Uncategorized

On this week's episode of Versus Trump, Jason has a solo episode where he talks about a motion by Maryland contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

Jason Harrow

Gerstein Harrow LLP

Concluding Thoughts

11/5/18 // In-Depth Analysis

We thank all of the scholars and lawyers who participated in this symposium on our book, How to Save a Constitutional Democracy.

Tom Ginsburg

University of Chicago Law School

Aziz Huq

University of Chicago Law School

Finding a Floor for Inter-branch Conflict

11/2/18 // In-Depth Analysis

Intensifying political conflicts are steadily shredding the buffers around our constitutional architecture. How should courts respond?

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Trump The Racketeer?

11/1/18 // Uncategorized

On this week's episode of Versus Trump, Jason and Charlie talk about a new lawsuit alleging that Trump and his children were part of a racketeering enterprise that engaged in fraud in connection with their supposed endorsement of a multi-level marketing operation. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Symposium: How To Save A Constitutional Democracy

11/1/18 // Latest Developments

Take Care has been pleased to host a symposium on How To Save A Constitutional Democracy, an important new book by Aziz Huq and Tom Ginsburg.

Take Care

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.

Protect Democracy

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

Controlling Our Losses

10/24/18 // Commentary

While bleak, planning to lose is not about conceding defeat. It’s about laying the groundwork for a brighter future and avoiding precedential barriers to that future.

Danielle D'Onfro

Washington University Law School