In “The Cycles of Constitutional Time,” Jack Balkin takes an overarching look at the dynamics of constitutional government over the history of the United States. To understand what is happening today, he argues, “we have to think in terms of political cycles that interact with each other and create remarkable — and dark — times.” Single-term presidents, Balkin notes, often …
We are in the midst of a full-blown constitutional crisis, as the elected leader of the country is using the Justice Department to punish his enemies and reward his defenders who committed crimes to get him into office. This is not the action of a free democracy. This is the action of an authoritarian leader and dictator. The kind of …
We have been living for a very long time with the idea of executive supremacy. Some misguided attorneys have argued, since the presidency of George W. Bush, for what they like to call the Unitary Executive. By this they mean that the power of the president is virtually unlimited not only throughout the executive branch of government but in the …