May 05, 2016

At Prawfsblawg, Paul Horwitz: Trump and Constitutional Law.  He predicts: 

[A] Trump presidency would be a goldmine for interest in and study of constitutional law. If he should win the presidency, I venture the following predictions:

1) There will be an immense rebirth of interest in the salutary aspects of federalism and separation of powers–on the ground, in popular conversation, and certainly in legal academic work. "Rights" talk, although never non-existent, will take a backseat to "powers" and "structure" talk. Those liberal federalists, like Heather Gerken, whose work has been admired but perhaps seen as somewhat eccentric from the main direction of constitutional study, will be joined by many new adherents, and there will be considerable conservative-liberal crossover in those fields. 

2) Sentiment about congressional gridlock, and especially about congressional gridlock as a justification for creative and unilateral executive action, will shift overnight. Mann and Ornstein will receive many new fans, albeit those new readers will, in effect, mentally convert all the negative adjectives in that book to positive ones. Lawyers and legal scholars who minimized or celebrated President Obama's fairly aggressive use of presidential power will similarly reverse polarity almost immediately. ..

[Plus three more.]

I hope this is not true, but sadly I think it might be.  I don't think academics fully realize how much our credibility is undermined when we shift positions depending on who controls which parts of the government (or how easy, in the internet age, it is to spot such shifts).

Posted at 9:19 AM