E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
University presidents have not addressed the Trump campaign or
perceived crises in American constitutional politics. No one is calling for
them to do so, at least on these pages.
This omission is curious.
Most of us have no influence on Paul Ryan, John McCain or other Republicans
we regularly insist must take political risks and do the “right” thing. We do, however, have some relationship with
our university president and leading administrators at our home institution. Many of us have good friends who are
university presidents or otherwise hold high positions in the academy. Nevertheless, while lots of us professor types
criticize Trump on a daily basis (at no personal risk whatsoever), a consensus
is forming that American universities as institutions apparently have nothing
to say and should say nothing about the state of American politics.
This silence is less curious in light of the ongoing transformation of
higher education in the United States. The
days are long gone when the nation expected academic leadership out of the people
who hold high administrative positions in the academy. Friends in North Carolina and some other
states indicate they would be happy with displays of academic interest on high. University administrators are fund raisers
and managers. Politics is bad for
business. Trump may have already became
such a buffoon that some university presidents at matriculation will criticize his more outlandish behavior knowing their comments are as safe for the university
pocketbook as calling on students to be engaged citizens. Trump’s personal pronunciations aside, we are
likely to hear far more from university presidents about universities being
sites for economic development than universities as sites for serious thought about the roots of contemporary American
constitutional miasma and possible solutions.
Whether university presidents as CEOs and CFOs of the academic business
are appropriate leaders during the present constitutional crisis is a fair
question. Most commentators believe
increased inequality is the central issue driving American constitutional
politics and the issue driving American constitutional politics crazy. Over the past generation, the prizes for
winning are greater in value and fewer in number while punishments for losing
are both greater in value and greater in number. Universities presidents as CEOs and CFOs have
ridden rather than bucked this trend. In
the modern academy, university leadership and elite professors (i.e., people
like me) earn ever increasing salaries for teaching less and less, while
tenured track position disappear and ordinary staff face repeated salary
freezes and benefits cuts. We do not yet resemble the American economy as a whole, but academic institutions are far less egalitarian than previously the case. University
attacks on Trump, given these realities, are far more likely to be attacks on
Trump the person rather than on the constitutional politics of inequality
responsible for our present constitutional condition.
The Trump experience suggests that the United States is experiencing a
crisis of constitutional culture as much if not more so than a crisis of
constitutional institutions. Our governing institutions do not work well because a people who take such political actors
as Donald Trump and Sarah Palin seriously cannot run democratic
institutions. These people are as much produced by an educational system as by the electoral college or state equality in the Senate, some other favorite causes of our constitutional condition. If these thoughts have any merit, constitutional reform should begin at home by asking what university leadership and universities must do to fashion better constitutional citizens.