More Current Events--and More Theory Too

Another discussion of current events and constitutional theory. We distinguish between “small bore” and “large bore” challenges to Trump’s agenda—the former dealing with individual injustices and the latter with more comprehensive programs like tariffs—and suggest that courts might do something about the former but are less likely to do anything about the latter. We disagree as usual about the potential political impact of interventions in small bore cases. And we wrap the episode up with a discussion of whether Trump could serve a third term through creative constitutional interpretation or a workaround—and end up with arguing over the connection between some embedded norms like a “no third term” norm and the Constitution itself. More about that to come.