Professor Sujit Choudhry is a renowned scholar and researcher (blogs.law.nyu.edu). His work focuses on politics and comparative constitutional law and his opinion is widely respected in America and beyond. His advice on the use of constitutional design tools for managing political environments is highly regarded and sought after.
Professor Choudhry most recent commentary addresses a tweet posted in November 2017 by America’s former Attorney General under President Obama’s administration, Eric Holder. In his tweet, Eric Holder commented on a potential termination of John Mueller, who was then serving as the Special Counsel at the White House. In John’s defense, Eric Holder termed the possibility of termination to be an “absolute red line’, and called upon Americans to get involved in making the final decision on the matter.
In his opinion, Sujit Choudhry argues that the tweet by Holder is based on what he would call constitutional self-enforcement as its focal point. He goes on to argue that the tweet leaves a lot to be desired in the suggested symbolism of an absolute red line while at the same time leaving it up to the public to make the final decision on delicate matters such as this. He says that should Holder’s suggestion of the public holding peaceful demonstrations whenever an issue like a possible termination of a public servant come up, then this would preempt the use of laid out constitutional tools to mitigate any conflict arising. Sujit Choudhry points out that should the public be allowed to make the determinative decision, then it would open the way for future public manipulation in other political issues, which have the same focal point as the hiring and firing of a public servant. In example, he has cited the two term presidential limit which an individual can easily attempt to break the focal point by either declaring a state of emergency, suspending elections or even dissolving the legislature. Sujit Choundhry goes on to warn that such a precedence, when taken in specific contexts, in example, Holder’s suggestion of ‘red lines’ could easily lead to democratic failure in the long run.
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Read about his advisory works on http://sujitchoudhry.com/advisory-work/