Jonathan Gould on Codifying Constitutional Norms

Jonathan Gould on Codifying Constitutional Norms

Our constitutional system involves the written document, plus two and a half centuries of judicial decisions interpreting it. But these two things only scratch the surface. It also involves our constitutional norms, the unwritten rules that govern how actors in our political system behave. For decades, commentators have observed the steady erosion of many of these norms, and in the four years of the Trump administration, the trickle of norm violations became a torrent. As a response, many in academia, the media and politics have called for Congress to pass legislation that would codify what had previously been unwritten norms of behavior, from requiring that presidential candidates disclose their tax returns to limiting the president's pardon power.

In a forthcoming article in the Georgetown Law Journal, Jonathan Gould, assistant professor of law at the University of California, Berkeley, analyzes many of these proposals and points out the potential unintended consequences of trying to commit unwritten norms to legislative language. Alan Rozenshtein spoke with Jonathan about the importance and erosion of constitutional norms, especially within the executive branch, and how best to repair them.

Support this show http://supporter.acast.com/lawfare.

Hosted on Acast. See acast.com/privacy for more information.

Episoder(2926)

Episode #63: "Improving Critical Infrastructure Cybersecurity: The Cybersecurity Framework and Beyond"

Episode #63: "Improving Critical Infrastructure Cybersecurity: The Cybersecurity Framework and Beyond"

On February 19, the Center for 21st Century Security and Intelligence at the Brookings Institution hosted a panel discussion evaluating the National Institute of Standards and Technology (NIST) Framew...

21 Feb 20141h 30min

Episode #62: Wittes and Friedersdorf Debate the Ethics of Drones

Episode #62: Wittes and Friedersdorf Debate the Ethics of Drones

Conor Friedersdorf and Benjamin Wittes debate the ethics of drone warfare at the University of Richmond in November 2013.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acas...

14 Feb 201452min

Episode #61: Defending an Unowned Internet

Episode #61: Defending an Unowned Internet

A discussion at the Berkman Center: In the wake of the disclosures about government surveillance and the rise of corporate-run applications and protocols, is the idea of an “unowned” Internet still a ...

8 Feb 20141h 38min

Episode #60: Wherein We Talk to DNI General Counsel Robert Litt

Episode #60: Wherein We Talk to DNI General Counsel Robert Litt

DNI General Counsel Robert Litt talks about implementation of President Obama's NSA reforms, privacy rights for foreigners in espionage, spying on foreign heads of state, and amnesty for Edward Snowde...

30 Jan 201440min

Episode #59: How Osama bin Laden Escaped Afghanistan

Episode #59: How Osama bin Laden Escaped Afghanistan

The Brookings Intelligence Project hosted Foreign Service Officer Yaniv Barzilai on January 23, 2014 to discuss his new book, 102 Days of War---How Osama bin Laden, al Qaeda, and the Taliban Survived ...

24 Jan 20141h 20min

Episode #58: A Roundtable Discussion of President Obama's NSA Speech

Episode #58: A Roundtable Discussion of President Obama's NSA Speech

President Obama delivered a major address this morning---and released an accompanying policy directive---in response to the recommendations of his surveillance review group. He announced limited refor...

18 Jan 201444min

Episode #57: General Stanley McChystal and Kristina Talbert-Slagle on Lessons on Counterinsurgency from the Human Body

Episode #57: General Stanley McChystal and Kristina Talbert-Slagle on Lessons on Counterinsurgency from the Human Body

Are there parallels between insurgencies and illness? Or between healthy bodies and healthy nations? Innovative new thinking argues that indeed there are. As understanding in various related disciplin...

6 Jan 20141h 11min

Episode #56: Inside NSA, Part V--An Interview with Fran Fleisch, Acting Deputy Director of NSA

Episode #56: Inside NSA, Part V--An Interview with Fran Fleisch, Acting Deputy Director of NSA

In the final episode in our series, "Inside NSA: We Brought In a Recording Device So You Don't Have To," Benjamin Wittes interviews the agency's executive director--and now its acting deputy director-...

20 Des 201329min

Populært innen Politikk og nyheter

giver-og-gjengen-vg
aftenpodden
aftenpodden-usa
forklart
stopp-verden
popradet
dine-penger-pengeradet
rss-gukild-johaug
det-store-bildet
nokon-ma-ga
lydartikler-fra-aftenposten
hanna-de-heldige
fotballpodden-2
rss-ness
aftenbla-bla
rss-espen-lee-usensurert
e24-podden
rss-dannet-uten-piano
rss-utenrikskomiteen-med-bogen-og-grasvik
rss-penger-polser-og-politikk