Constitutional Law
Sep. 15, 2020
Constitution depends on the good faith of those who govern us
I have taught constitutional law for 40 years, but the events of the last several years have shown me a powerful lesson: The Constitution depends on the good faith of those who govern us. If they ignore the Constitution and the laws, there often is nothing that can be done about it.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
I have taught constitutional law for 40 years, but the events of the last several years have shown me a powerful lesson: The Constitution depends on the good faith of those who govern us. If they ignore the Constitution and the laws, there often is nothing that can be done about it.
This was so apparent during the Republican Convention a few weeks ago. Under the First Amendment, an incumbent cannot use the resources of his or her off...
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