In an upcoming book, titled Constitutional Democracies in Crisis, Professor Sujit Choudhry wrote a chapter focusing on a tweet written by former Attorney General Eric Holder. In the tweet, Eric Holder discusses the possible removal of Special Counsel Robert Muller and calls the American people to peacefully protest should such a thing happen. Sujit Choudhry breaks down the tweet, analyzing this “red line” as a symbolic constitutional line that the American people will have to pass judgement on. Only they can decide if anyone has crossed this line. This idea is based on the concept that the constitution is a set of governing ideal that only the voting public can enforce. The crossing of any constitutional line, whether it be the removal of Special Counsel Muller or an attempt to abolish term limits, is an example of the failure possible in a democracy. Of course, in the American Democracy there is also the judicial branch, which is responsible for determining both the constitutionality of a law and enforcing those laws, giving this branch a check on the executive branch. Sujit Choudhry discusses the fact that Eric Holder was a member of this branch and did not talk about this avenue as a way to check any actions against Special Counsel Muller.
As a Professor of Law at the University of California, Berkley, Sujit Choudhry is considered an expert on comparative constitutional law and politics. Throughout his career, Professor Choudhry has advised on the process of building a constitution in numerous countries, including Egypt, Jordan, South Africa, Ukraine and Yemen. As the director of the Center for Constitutional Transitions, he oversees field research that is then developed into policy options for practical use. The organization focuses on constitutional transitions and not only gathers research that can be used in the field but holds workshops and conferences all across the world to make the information accessible, check constitutionaltransitions.org.
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