Constitutional Law

“Authoritarian regimes come to power by silencing critics. I worry that if it gets worse it’ll even be harder to speak up. What we have is our voice and our authority as deans,” said Dean Erwin Chemerinsky.

“For 45 years, I have taught my students that lawyers cannot be punished for the clients they represent or for their lawful, zealous advocacy,” writes Dean Erwin Chemerinsky. “This fundamental principle is essential to ensure that everyone — even very unpopular clients — can receive effective representation. But now President Donald Trump has made a mockery of this principle by punishing law firms solely for the sake of personal retribution.”

Dean Erwin Chemerinsky discusses this term’s U.S. Supreme Court cases about the Constitution and religion.

“There is ample support for the D.C. Circuit’s jurisdiction in the case,” writes Professor Amanda L. Tyler. “But can it order the return of individuals no longer in the country?”

“The idea of government wanting to stifle speech is not new. But some of what is being done now is,” said Dean Erwin Chemerinsky. “And it does not matter if you are a citizen or a visitor, you have free speech, even if people view that free speech as offensive or in favor of Hamas.”

The Trump administration “has really taken to heart the motto of ‘move fast and break things,’” says Daniel Farber, a professor at the University of California, Berkeley law school This has led to some losses in court, he adds, but “Even if they’re eventually told to stop what they’re doing, or to reverse what they’re doing, just the fact that they’ve done it has an impact.”

Dean Erwin Chemerinksy and Professor John Yoo weigh in about whether the nation is approaching, or has reached, a “constitutional crisis.”

“If democracy is to survive, though, it must be because the illegal and unconstitutional acts of the Trump administration are stopped,” writes Dean Erwin Chemerinsky. “That requires that those targeted fight back.”

John Yoo joins podcast Studio 2 to weigh in on the question, “Are we headed for a Constitutional crisis?”

“The Constitution is based on checks and balances,” writes Dean Erwin Chemerinsky. “President Trump is claiming unprecedented authority to control federal spending without any checks or limits. Courts must continue to deem this unconstitutional and stop it.”