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Full-Text Articles in Law
Looking Ahead: October Term 2016, Glenn Harlan Reynolds
Looking Ahead: October Term 2016, Glenn Harlan Reynolds
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This essay looks at leading cases set for the Supreme Court's next term, at some cases the Supreme Court chose not to hear, and at other events, such as a possible recusal by Justice Ginsburg in a disputed election case, that may set the agenda for the coming term. In addition, it looks at the diminished role of the United States Supreme Court as an appellate body in relation to the Courts of Appeal and the state courts.
Of Coups And The Constitution, Glenn Harlan Reynolds
Of Coups And The Constitution, Glenn Harlan Reynolds
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Military coups d'etat are a relatively common means of government turnover in many countries, but not in the United States. This paper looks at a number of factors in the United States' Constitution and political culture that make military coups less likely, as well as at some changes in both that may reduce the degree of protection. It also offers some suggestions on how to ensure that America's coup-resistance remains strong.
Political Dysfunction And The Election Of Donald Trump: Problems Of The U.S. Constitution's Presidency, David Orentlicher
Political Dysfunction And The Election Of Donald Trump: Problems Of The U.S. Constitution's Presidency, David Orentlicher
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In this article, Professor Orentlicher examines the Constitution's design for the executive branch. He argues that by opting for a single executive rather than a multi-person executive, the Constitution causes two serious problems-it fuels the high levels of partisan polarization that we see today, and it increases the likelihood of misguided presidential decision making. Drawing on the experience in other countries with executive power shared by multiple officials, he proposes a bipartisan executive.