On March 14, 2020, the Federalist Society held its 39th National Student Symposium. The Symposium was originally scheduled to be held at the University of Michigan's Law School but was rescheduled as a digital conference. The third panel discussed the question "Do Changing Norms Undermine Support for Our System of Government?".
Norms range from having quasi-constitutional force to simply being generally accepted modes of conduct that are more easily broken. Such norms include: The Supreme Court has nine members; Congress invites the President for the State of the Union message; the Senate acts on nominees; children are left alone in political campaigns; and the press ignores old sexual peccadilloes. In the area of congressional action, major new legislation historically required bipartisan support, but this did not occur with the Affordable Care Act. There are now battles over recess appointments for political purposes as opposed to the practical purpose of filling positions when Congress is in recess. Is there generally less self-restraint and more willingness to achieve short-term goals by whatever means with less respect for process? If so, does that pose a serious threat to our Constitution, and what might be done about it?

Prof. David E. Bernstein, University Professor and the Executive Director, Liberty & Law Center, Antonin Scalia Law School
Dean Vikram D. Amar, Dean and Iwan Foundation Professor of Law, University of Illinois College of Law
Prof. Keith E. Whittington, William Nelson Cromwell Professor of Politics, Princeton University
Dean Evan H. Caminker, Dean Emeritus and Branch Rickey Collegiate Professor of Law, University of Michigan Law School
Moderator: Hon. Chad A. Readler, United States Court of Appeals, Sixth Circuit

*******
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.