Now that you have explored one, several or all of the issues above, consider what Mr. Trump’s actions add up to.
Are we witnessing an American president express blatant disregard for the Constitution and the rights and freedoms we hold dear? Or is he acting largely within his powers as head of state? What will a second Trump presidency mean for the future of the United States?
In an assessment of Mr. Trump’s first 100 days back in office, the Times Opinion section invited 35 legal scholars from a range of viewpoints and experiences to weigh in on those questions. Here are some of their responses:
More important than any specific example of unconstitutional conduct is the overall pattern. The depth and breadth of this administration’s disregard for civil liberties, political pluralism, the separation of powers and legal constraints of all kinds mark it as an authoritarian regime. That is the crucial thing to see.
— David Pozen, professor, Columbia Law SchoolThe disregard for law is itself part of the agenda. They do not seem to care whether they violate the Constitution and statutes, make mistakes, do irreparable harm. That recklessness itself sends a message. — Jody Freeman, professor, Harvard Law School
Our Constitution is written on ancient paper. Its effectiveness, durability and power depend upon people embracing its commands today, with good faith and with good will. If and when one actor disregards or disparages those responsibilities, it is imperative that other actors step up and demand fealty to constitutional norms, lest the spirit of the Constitution be lost. We are in perilous waters. — Dawn Johnsen, professor, Maurer School of Law, Indiana University, Bloomington
Much of what the administration has been doing — far more than his critics are willing to acknowledge — is within the president’s rightful prerogatives, or at least within a reasonable interpretation of the law, whether I like it or not as a policy matter. — Michael McConnell, professor, Stanford Law School
You might explore the rest of the piece, and then consider these questions:
How would you answer the question “What do Mr. Trump’s actions add up to?” Which of the responses by the legal scholars resonate with you most?
Some scholars say the president’s actions have created a “constitutional crisis.” Experts have long debated what that term means, but they agree that it is generally the product of presidential defiance of laws and judicial rulings. Do you believe we are in a constitutional crisis? If so, what does that mean for the country? If not, at what point might that come?
In a recent Times/Siena poll, some of Mr. Trump’s supporters said his refusal to follow norms is part of his appeal. “Sometimes you have to break the rules,” one Republican voter said. What do you think about that? In a constitutional democracy like the United States, what is at risk when a president “breaks the rules”?
Several of the scholars quoted in the Opinion piece above characterize the Trump administration as, or as verging on, an authoritarian regime. What do they mean by that? Do you agree? Or are such fears overblown at this point?
Have any of the constitutional issues raised in this lesson affected you personally, or your friends, family or community? Over the next several years of Mr. Trump’s presidency, what will you be paying attention to most, and why?
Weigh in on the Trump administration’s first 100 days via our student forum.
In our Student Opinion question “What Do You Think of Trump’s First 100 Days?” we’re asking teenagers to tell us how they are feeling about the consequential first months of an administration that is transforming America and its place in the world.
How have the actions of this administration affected you, your family, your friends or any of the other communities you are a part of? What images or headlines from these first 100 days will stay with you? What are your hopes and fears for Mr. Trump’s remaining 1,359 days?
We hope students all over the world will join the conversation.
Follow an issue over the next several months.
Each of these constitutional issues will continue to evolve over the course of Mr. Trump’s term. Several are already being challenged in court, as can be seen in this tracker of lawsuits against his agenda. And many voters are souring on his leadership, according to a recent Times/Siena poll.
