Political Norms, Constitutional Conventions, and President Donald Trump

Authors

Neil S. Siegel, Texas A&M University School of LawFollow

Document Type

Article

Publication Date

1-2018

Journal Title

Indiana Law Journal

ISSN

0019-6665

Abstract

This symposium Essay argues that what is most troubling about the conduct of President Trump during and since the 2016 U.S. presidential campaign is not any potential violations of the U.S. Constitution or federal law. There likely have been some such violations, and there may be more. But what is most troubling about President Trump is his disregard of political norms that had previously constrained presidential candidates and Presidents, and his flouting of nonlegal but obligatory “constitutional conventions” that had previously guided and disciplined occupants of the White House. These norms and conventions, although not “in” the Constitution, play a pivotal role in sustaining the Constitution. Part I discusses political norms and constitutional conventions, including how they are alike, how they are different, and why they matter in the United States notwithstanding the existence of a written constitution. Part II substantiates this Essay’s claim that President Trump has consistently disrespected numerous political norms and constitutional conventions. The Conclusion suggests that the jury is still out on how successful President Trump will be in eroding political norms and constitutional conventions.

First Page

177

Last Page

205

Num Pages

29

Volume Number

93

Issue Number

1

Publisher

Indiana University Maurer School of Law

Recommended Citation

Neil S. Siegel, Political Norms, Constitutional Conventions, and President Donald Trump, 93 Ind. L.J. 177 (2018).
Available at: https://scholarship.law.tamu.edu/facscholar/2238

File Type

PDF