Lawfare Archive: Jonathan Gould on Codifying Constitutional Norms

The Lawfare Podcast: Patreon Edition · Dec 26, 2022 · 40m

From March 23, 2021: Our constitutional system involves the written document, plus two and a half centuries of judicial decisions interpreting it. But these two things only scratch the surface. It also involves our constitutional norms, the unwritten rules that govern how actors in our political system behave. For decades, commentators have observed the steady erosion of many of these norms, and in the four years of the Trump administration, the trickle of norm violations became a torrent. As a response, many in academia, the media and politics have called for Congress to pass legislation…