Leiter Reports: A Philosophy Blog

News and views about philosophy, the academic profession, academic freedom, intellectual culture, and other topics. The world’s most popular philosophy blog, since 2003.

  1. Jason Leddington's avatar
  2. Jonathan Nash's avatar
  3. John Pillette's avatar
  4. AG Tanyi's avatar

Farewell to the old American constitutional order

Apt remarks by one of my colleagues, in the NYT:

Aziz Huq, a law professor at the University of Chicago, said that assessing whether a given development is a constitutional crisis is “generally unhelpful.”

“I think it’s more useful to say that this is moving us into a completely different kind of constitutional order, one that’s no longer characterized by laws that bind officials and that can be enforced,” Professor Huq said. “The law, in other words, becomes a tool to harm enemies, but not to bind those who govern. That is a quite different constitutional order from the one that we’ve had for a long time"….

Professor Huq acknowledged that there was “often some uncertainty about exactly what compliance with a court order against an agency requires.”

But there are limits, he added. “The Trump administration is pushing that uncertainty to a breaking point,” he said, “just as it has pushed the idea that the executive has to comply with statutes to a breaking point.”

If we do not live in a society "characterized by laws that bind officials and that can be enforced" then we are no longer living in a society with the rule of law, which means we are all in danger, every day.

Leave a Reply

Your email address will not be published. Required fields are marked *

Designed with WordPress