Below is a round-up of the latest from the Battle for the Constitution: a special project on the constitutional debates in American life, in partnership with The Atlantic.
Mazars Is a Victory for Rule of Law
By Quinta Jurecic, Managing Editor, Lawfare
Quinta Jurecic writes that the Supreme Court’s decision in Mazars v. Trump—a case dealing with Congress’ subpoena powers over the president—was a triumph for the rule of law because it knocked down Donald Trump’s claims that the president is above the law while in office.
John Roberts Is Just Who the Supreme Court Needed
By Jeffrey Rosen, President & CEO, National Constitution Center
Jeffrey Rosen says that, this term, Chief Justice Roberts fulfilled his goal of bolstering the Supreme Court’s institutional legitimacy by bringing the Justices together around narrow rulings and avoiding appearances of partisanship.
The Traditional Interpretation of the Pardon Power is Wrong
By Corey Brettschneider, Professor of Political Science and Public Policy, Brown University and Jeffrey K. Tulis, Professor of Government, University of Texas at Austin
Corey Brettschneider and Jeffrey K. Tulis argue that the pardon power has been interpreted too sweepingly—and that it does not give an impeached president power to pardon anyone related to their impeachment.
Progressives’ Supreme Court Victories Will Be Fleeting
By Leah Litman, Assistant Professor of Law, University of Michigan Law School
Leah Litman contends that, while progressives had several important wins at the Supreme Court this term, the reasoning used in those opinions—and decisions in other cases—suggest that it is conservatives who will be winning much more in the future.
The Constitution Doesn’t Work Without Local News
By Margaret Sullivan, Media Columnist, The Washington Post
Margaret Sullivan writes that local journalism is essential for a flourishing democracy because citizens must be well-informed about governmental actions, yet the industry is dying—and that to live up to the Founders’ intentions we must save local journalism.
