Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

PDF

Journal

Indiana Law Journal

President/Executive Department

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Trump, The Court, And Constitutional Law, Erwin Chemerinsky Jan 2018

Trump, The Court, And Constitutional Law, Erwin Chemerinsky

Indiana Law Journal

In this Essay, I want to offer initial thoughts on what the Trump presidency is likely to mean for constitutional law. First, I want to focus on the lost opportunity: what might have happened had Hillary Clinton replaced Scalia and filled other vacancies on the Court. Second, I want to focus on the reality of what we are likely to see as a result of Neil Gorsuch replacing Antonin Scalia and of other possible vacancies being filled by President Trump. Finally, I want to discuss how progressives should react to this and to the foreseeable future of constitutional law. These, …


Trump As Constitutional Failure, Jamal Greene Jan 2018

Trump As Constitutional Failure, Jamal Greene

Indiana Law Journal

As Part I explains, the American constitutional system assumes a certain sort of democratic culture. That assumption is encapsulated in Chief Justice John Marshall’s dictum, in M’Culloch v. Maryland, that the Constitution is “intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.” The U.S. Constitution indeed lacks “the prolixity of a legal code,” but subsequent history confirms that its relative sparseness is not, as Marshall maintained, because it is “a constitution we are expounding.” The U.S. Constitution is among the world’s least prolix and most difficult to amend. These attributes …


The President: Office And Powers, By Edward S. Corwin, David Fellman Apr 1958

The President: Office And Powers, By Edward S. Corwin, David Fellman

Indiana Law Journal

No abstract provided.