Book contents
- Amending America’s Unwritten Constitution
- Comparative Constitutional Law and Policy
- Amending America’s Unwritten Constitution
- Copyright page
- Contents
- Contributors
- Acknowledgments
- Introduction A Return to Constitutional Basics: Amendment, Constitution, and Writtenness
- 1 The Unwritten Constitutions of the United States
- 2 Enumerating Amendments
- 3 Change Is the Only Constant: Unwritten Amendments and the Courts
- 4 The Role of the People in Unwritten Amendments
- 5 Unwritten State Constitutions? In Search of Constitutional Communities
- 6 State Constitutions and the Interaction between Formal Amendment and Unwritten Commitments
- 7 The Drive for a National Popular Vote for the Presidency: A Case Study in Amending the Unwritten Constitution
- 8 The Trump Presidency, the Racial Realignment, and the Future of Constitutional Norms
- 9 Amending an Unwritten Constitution: Comparative Perspectives
- 10 The Unwritten Foundations of (All) Written Constitutions
- Index
8 - The Trump Presidency, the Racial Realignment, and the Future of Constitutional Norms
Published online by Cambridge University Press: 13 October 2022
- Amending America’s Unwritten Constitution
- Comparative Constitutional Law and Policy
- Amending America’s Unwritten Constitution
- Copyright page
- Contents
- Contributors
- Acknowledgments
- Introduction A Return to Constitutional Basics: Amendment, Constitution, and Writtenness
- 1 The Unwritten Constitutions of the United States
- 2 Enumerating Amendments
- 3 Change Is the Only Constant: Unwritten Amendments and the Courts
- 4 The Role of the People in Unwritten Amendments
- 5 Unwritten State Constitutions? In Search of Constitutional Communities
- 6 State Constitutions and the Interaction between Formal Amendment and Unwritten Commitments
- 7 The Drive for a National Popular Vote for the Presidency: A Case Study in Amending the Unwritten Constitution
- 8 The Trump Presidency, the Racial Realignment, and the Future of Constitutional Norms
- 9 Amending an Unwritten Constitution: Comparative Perspectives
- 10 The Unwritten Foundations of (All) Written Constitutions
- Index
Summary
The central claim of this chapter is that racial politics, stemming from the racial realignment between the Democratic and Republican Parties that began much earlier than many scholars appreciate, has played a critically important and yet undernoticed role in the breakdown of constitutional norms in recent decades. An increasing number of American legal scholars are writing about the importance of constitutional norms, also sometimes called constitutional conventions. Such norms are not legal in status, but they impose obligations of compliance on government officials that can be as great as legal obligations – they guide and constrain how officials “exercise political discretion.” Although constitutional norms are not required by the letter of the US Constitution, they are appropriately denominated “constitutional” because they help vindicate the spirit – or the purposes – of the Constitution. To violate a constitutional norm without sufficient public-regarding justification is not unconstitutional, but it “is anticonstitutional.” Constitutional norms were placed under great pressure during the presidency of Donald J. Trump.
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- Amending America's Unwritten Constitution , pp. 169 - 202Publisher: Cambridge University PressPrint publication year: 2022