American Constitution Society Panel Discussion on Norms and the Rule of Law

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Session Type: Other Organization Events

Session Capacity: N/A

Location: N/A

Room: Balboa

Floor: South Tower/3rd Floor

Historically, American political leaders have operated under both legal constraints and non-legal but obligatory norms and conventions. These norms and conventions, such as the filibuster, blue slips, and the refusal to politicize federal criminal law enforcement, were often designed to keep partisanship within reasonable bounds so that the stakes of political transitions could be lowered and governmental institutions could function more effectively. Some argue that political actors have become increasingly willing to abandon these longstanding norms and conventions in pursuit of their own partisan or personal objectives. This panel will discuss the role non-legal norms and conventions play in constitutional governance and politics; whether such norms and conventions are falling out of favor; and, if so, the
consequences of that loss for our representative, constitutional democracy.