Analysis: Constitutional Implications of the Trump Administration

Blog of the IACL, AIDC

By Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar, and Professor of Political Science. Before entering law teaching, he served as a legal adviser at the Iran-U.S. Claims Tribunal, The Hague, Netherlands, and he continues to work with numerous international development agencies and foreign governments on legal and constitutional reform.

The American constitutional system is famously designed to guard against tyranny.  Many observers think it will now face a major test because of the ascent of President-elect Trump, who has a history of ignoring norms and conventions that constrain lesser men. Norms such as don’t lie; don’t commit sexual assault; don’t commit tax fraud. Buoyed by his popularity, the Republican Party is now on the verge of controlling all three branches of government, a relative rarity in American politics.  Unified government puts pressure on the system of checks and balances…

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