Principles Matter: The Constitution, Progressives, and the Trump Era

by Carlos A. Ball

Overview

Progressives who opposed the Trump administration's policies found themselves repeatedly relying on constitutional principles grounded in federalism, separation of powers, and free speech to resist the federal government. Although many progressives had either criticized or underemphasized those principles before Trump, the principles became vital to progressive causes after Trump was elected.

Using dozens of examples from the ways in which Trump abused presidential powers, this book explains how the three sets of principles can help mitigate the harms that autocratic leaders in the Trump mold can inflict on both democratic institutions and vulnerable minorities. In doing so, the book urges progressives to follow this rule of thumb in the post-Trump era: If a constitutional principle was worth deploying to resist Trump's harmful policies and autocratic governance, then it is worth defending in the post-Trump era even if it makes the short-term attainment of progressive objectives more difficult. This type of principled constitutionalism is essential not only because being principled is good in and of itself, but also because being principled in matters related to federalism, separation of powers, and free speech will help both advance progressive causes over the long run and reduce the threats posed by future autocratic leaders in the Trump mold to our system of self-governance, to our democratic values, and to traditionally subordinated minorities. Going forward, progressives should promote and defend constitutional principles grounded in federalism, separation of powers, and free speech regardless of whether they have an ally or an opponent in the White House.

Product Details

ISBN-13:	9780197584484
Publisher:	Oxford University Press
Publication date:	08/04/2021
Pages:	312
Product dimensions:	9.60(w) x 6.50(h) x 1.10(d)

About the Author

Carlos A. Ball is a Distinguished Professor of Law at Rutgers Law School. He has law degrees from Columbia University and Cambridge University. He is an expert in the fields of constitutional law and LGBTQ rights. He has written or edited nine books, including The Queering of Corporate America (2019), the First Amendment and LGBT Equality (2017), and the OUP book Same-Sex Marriage and Children (2014). His work has appeared in leading legal journals, including the Cornell Law Review, the Georgetown Law Journal, and the UCLA Law Review.

Table of Contents

Introduction

PART I: WHY FEDERALISM MATTERS

Chapter 1: Federalism Before Trump

Chapter 2: Federalism During the Trump Era and Beyond

PART II: WHY SEPARATION OF POWERS MATTERS

Chapter 3: Presidential Authority Before Trump

Chapter 4: Presidential Authority During the Trump Era and Beyond

PART III: WHY THE FIRST AMENDMENT MATTERS

Chapter 5: The First Amendment During the Trump Era and Beyond

Epilogue
Acknowledgments
Notes

Editorial Reviews

"Professor Ball has written a magnificent book about vital aspects of the Constitution – separation of powers, federalism, and the First Amendment. He both shows the distortion of these principles during the Trump years and how progressives should approach these concepts in the future. This clearly written and accessible book provides a searing indictment of the Trump presidency and a blueprint for effective constitutional governance in the years to come." — Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor, University of California, Berkeley School of Law

"The protection and enforcement of rights preoccupies progressives. But as Carlos Ball convincingly argues, the most pernicious Trump Era policies were not thwarted by the invocation of rights, but by an appeal to basic tenets of constitutional design: federalism and separation of powers. Progressive commitments to these principles, Ball makes clear, cannot be selective or itinerant. They—as much as rights—must be part of a progressive agenda. This book should be required reading—a postmortem of what has been and a clear-eyed road map for charting a more progressive future." — Melissa Murray, Frederick I. and Grace Stokes Professor of Law, New York University School of Law

"Constitutional principles of federalism and separation of powers are commonly invoked by conservatives in fighting liberal policies at the federal level. But were progressives mistaken or merely being cynical when they appealed to those same principles to fight the policies of Donald Trump? Carlos Ball makes a convincing and powerful case that progressives were correct during the Trump era to embrace separation of powers and federalism. Moreover, he shows why now, with a Democratic president in power, progressives need to be equally vigilant in defending those principles to ensure against future presidents who might threaten to wreak havoc on our constitutional system. This book offers a well-argued and crucial analysis to guide us as we contend with the aftermath of one of the most dangerous presidencies in history." — Corey Brettschneider, Professor of Political Science, Brown University

From the Publisher