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50 Years After The 25th Amendment: How To Improve Presidential Succession, Second Fordham University School Of Law Clinic On Presidential Succession
50 Years After The 25th Amendment: How To Improve Presidential Succession, Second Fordham University School Of Law Clinic On Presidential Succession
Reports
Pamphlet summarizing the Second Succession Clinic's recommendations.
Deconstitutionalizing Dewey, Aaron J. Saiger
Deconstitutionalizing Dewey, Aaron J. Saiger
Faculty Scholarship
No abstract provided.
Hardball Vs. Beanball: Identifying Fundamentally Antidemocratic Tactics, Jed H. Shugerman
Hardball Vs. Beanball: Identifying Fundamentally Antidemocratic Tactics, Jed H. Shugerman
Faculty Scholarship
The “constitutional hardball” metaphor used by legal scholars and political scientists illuminates an important phenomenon in American politics, but it obscures a crisis in American democracy. In baseball, hardball encompasses legitimate tactics: pitching inside to brush a batter back but not injure, hard slides, hard tags. Baseball fans celebrate hardball. Many of the constitutional hardball maneuvers previously identified by scholars have been legitimate, if aggressive, constitutional political moves. But the label “hardball” has been interpreted too broadly to include illegitimate, fundamentally undemocratic tactics. I suggest a different baseball metaphor for such tactics: beanball, pitches meant to injure and knock out …