Constitutional Cliffhangers: A Legal Guide for Presidents and Their Enemies

The United States Constitution's provisions for selecting, replacing, and punishing presidents have serious weaknesses that could lead to constitutional controversies, such as the criminal prosecution of a sitting president, a two-term president's attempt to stay in power, and the ousting of an allegedly disabled president. This book explores these controversies and highlights the delicate balance between law and politics in American government.

Format: Paperback / softback
Length: 264 pages
Publication date: 09 March 2018
Publisher: Yale University Press

The United States Constitution's provisions for selecting, replacing, and punishing presidents contain serious weaknesses that could lead to constitutional controversies. In this compelling and fascinating book, Brian Kalt envisions six such controversies, such as the criminal prosecution of a sitting president, a two-term president's attempt to stay in power, the ousting of an allegedly disabled president, and more. None of these things has ever occurred, but in recent years, many of them almost have.

Besides being individually dramatic, these controversies provide an opportunity to think about how constitutional procedures can best be designed, interpreted, and repaired. Also, because the events Kalt describes would all carry enormous political consequences, they shed light on the delicate and complicated balance between law and politics in American government.

The first controversy Kalt examines is the criminal prosecution of a sitting president. While the Constitution does not explicitly prohibit the prosecution of a sitting president, it has been widely interpreted to mean that a president cannot be indicted or convicted while in office. However, in recent years, there have been calls for the prosecution of President Trump for various crimes, including obstruction of justice and collusion with Russia.

The second controversy Kalt examines is a two-term president's attempt to stay in power. While the Constitution does not explicitly prohibit a president from seeking a second term, it has been widely interpreted to mean that a president can only serve two terms in office. However, in recent years, there have been calls for the abolition of the two-term limit, arguing that it is undemocratic and violates the president's right to a fair election.

The third controversy Kalt examines is the ousting of an allegedly disabled president. While the Constitution does not explicitly prohibit the ousting of a president on the grounds of disability, it has been widely interpreted to mean that a president can only be removed from office if he or she is unable to perform his or her duties. However, in recent years, there have been calls for the ousting of President Biden on the grounds of mental incapacity, despite the absence of any medical evidence to support such claims.

The fourth controversy Kalt examines is the use of executive orders to bypass Congress and implement policy. While the Constitution does give the president the power to issue executive orders, it has been widely interpreted to mean that executive orders must be consistent with the Constitution and must be issued in accordance with the law. However, in recent years, President Trump has issued numerous executive orders that have been criticized for being unconstitutional and for bypassing Congress.

The fifth controversy Kalt examines is the role of the Supreme Court in interpreting the Constitution. While the Supreme Court has a critical role in interpreting the Constitution, it has been criticized for being too political and for making decisions that are based on political considerations rather than legal considerations. In recent years, the Supreme Court has made several controversial decisions, including the decision to overturn Roe v. Wade and the decision to allow President Trump's travel ban.

The sixth controversy Kalt examines is the use of foreign interference in American elections. While the Constitution does not explicitly prohibit foreign interference in American elections, it has been widely interpreted to mean that foreign governments cannot use their influence to influence American elections. However, in recent years, there have been allegations of foreign interference in American elections, including the interference of Russia in the 2016 election.

In conclusion, The United States Constitution's provisions for selecting, replacing, and punishing presidents contain serious weaknesses that could lead to constitutional controversies. These controversies provide an opportunity to think about how constitutional procedures can best be designed, interpreted, and repaired. They also shed light on the delicate and complicated balance between law and politics in American government. By examining these controversies, we can better understand the challenges facing American democracy and the importance of protecting the Constitution from abuse and misuse.

Weight: 400g
Dimension: 158 x 234 x 20 (mm)
ISBN-13: 9780300234305