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.

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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, the First Amendment and LGBT Equality, and the OUP book Same-Sex Marriage and Children. His work has appeared in leading legal journals, including the Cornell Law Review, the Georgetown Law Journal, and the UCLA Law Review. Patrick Lawlor, an award-winning narrator, is also an accomplished stage actor, director, and combat choreographer. He has worked extensively off Broadway and has been an actor and stuntman in both film and television. He has been an Audie Award finalist multiple times and has garnered several AudioFile Earphones Awards, a Publishers Weekly Listen-Up Award, and many starred audio reviews from Library Journal and Kirkus Reviews.

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