Cass Sunstein

This week, Department of Justice special counsel Robert Mueller picked up the public pace of his team's investigation of Russian interference in the 2016 presidential election. Indictments were unsealed, and a potentially important plea agreement revealed...Experts say there is nothing anyone could do to invalidate such pardons. A presidential pardon cannot be undone. But constitutional scholar Cass Sunstein, author of the new book Impeachment: A Citizen's Guide, notes that the framers of the Constitution, in the Virginia ratification debate, discussed whether abuse of the pardon power would be an impeachable offense — and James Madison explicitly said it would be. "If the president counsels crimes personally or participates in a crime personally," Sunstein says, "and then exercises the pardon power so as to shelter the people who engaged in those crimes, the Virginia debate is very clear. That is an impeachable offense."

An op-ed by Cass Sunstein. With the indictments of two campaign associates of then candidate Donald Trump, and the guilty plea of one of his foreign policy advisers, some people are starting to talk again about the possibility of impeachment. Let’s put contemporary issues to one side and instead ask an enduring question: Did the framers get impeachment right? In other words, does the Constitution strike the right balance?

An article by Cass Sunstein. Despite its importance, impeachment is a challenging and arcane subject — the Finnegans Wake of constitutional law. Fortunately, there are some terrific books on the topic, helping to guide the perplexed.

An interview with Cass Sunstein. With special counsel Robert Mueller bringing federal charges against two former advisers to President Trump’s campaign, and a campaign foreign policy adviser pleading guilty to lying about efforts to obtain damaging information from the Russians about Hillary Clinton, what was once inconceivable has become a little less so. Should evidence eventually emerge of possible criminal activity involving Trump himself, analysts say, Congress might have to ponder opening the impeachment process against him, as it last did against President Bill Clinton in 1998. Few clauses in the U.S. Constitution are as mysterious or as misunderstood by Americans as impeachment, and that’s unfortunate, contends Cass R. Sunstein, the Robert Walmsley University Professor at Harvard Law School.

An op-ed by Cass Sunstein. Just a few days after Richard Thaler won the Nobel Prize in economics earlier this month, the U.K.’s Behavioural Insights Team released its annual report. What good timing! Thaler helped inspire the creation of the Behavioural Insights Team in 2010, not only with his academic work, but also by numerous (and continuing) discussions with the team.

Cass Sunstein’s new book, “Impeachment: A Citizen’s Guide,” published by Harvard University Press, is “a love letter to the United States of America,” in the words of its author. Cass is a leading scholar on the topic having published his first work on impeachment almost twenty years ago. The book offers a highly accessible, brilliantly thoughtful, and politically neutral analysis of what the Constitution means for our present moment and for generations that follow. Cass was generous enough to exchange his views with me on the toughest questions I could pose to him.

Last week, Tom Steyer, the billionaire progressive donor, announced a $10 million campaign calling for President Trump’s impeachment, beginning with a television commercial running in all 50 states...Appearing on screen, Steyer asks, “If that isn’t a case for impeaching and removing a dangerous president, then what has our government become?” It’s a good question...But as the Harvard Law scholar Cass Sunstein, author of the recent book “Impeachment: A Citizen’s Guide,” told me, that doesn’t mean Congress can impeach only a president who is caught breaking the law. “Crime is neither necessary nor sufficient,” said Sunstein, who emphasizes that his book is not about Trump.

An op-ed by Cass Sunstein. Karl Marx and his followers argued that revolutionaries should disrupt capitalist societies by "heightening the contradictions." Russia used a version of that Marxist idea in its efforts to disrupt the 2016 presidential campaign. It should come as no surprise that the most powerful nation from the former Soviet Union, whose leaders were schooled in the Marxist tradition, is borrowing directly from that tradition in its efforts today. What is more surprising, and far more important for American politics, is that President Donald Trump is drawn to a similar strategy.

An op-ed by Cass Sunstein. On Oct. 9, Richard Thaler of the University of Chicago won the Nobel Prize for his extraordinary, world-transforming work in behavioral economics. In its press release, the Royal Swedish Academy of Sciences emphasized that Thaler demonstrated how nudging – or influencing people while fully maintaining freedom of choice – “may help people exercise better self-control when saving for a pension, as well in other contexts.” In terms of Thaler’s work on what human beings are actually like, that’s the tip of the iceberg – but it’s a good place to start...Some skeptics have raised concerns that nudging can be akin to manipulation. My research shows most people disagree – and welcome nudges that help them live better lives.

An op-ed by Cass Sunstein. When a company emits a ton of carbon dioxide, what damage has it caused, exactly? The answer is called the “social cost of carbon,” which may be the most important number that you’ve never heard of. If the number is large, regulation of greenhouse gas emissions will be amply justified. If it is small, not so much. In proposing to scrap the Obama administration’s Clean Power Plan, the Environmental Protection Agency recently announced that the social cost of carbon is close to zero. Well, a bit higher than that, but not a lot.

An op-ed by Cass Sunstein. Because economics is such a diverse field, with many distinguished thinkers, predicting the winner of the Nobel Prize in economics is notoriously difficult. But suppose that we narrowed the field, so as to focus on candidates who have not only made important theoretical contributions, but have also had a significant impact on the world, and affected the lives of numerous people?

An op-ed by Cass Sunstein. I first heard about Richard Thaler in the 1980s, in a locker room at the University of Chicago. I had run into Steve Shavell, an economist at Harvard Law School, who asked me what I was working on. I mumbled some question I had, about whether people really behaved as rationally as economists said they do. Shavell responded without a lot of enthusiasm: “Oh, you should be reading Thaler, that guy from Cornell.” That afternoon, I looked up Thaler’s work. It was like a burst of sunlight, or the first chord of the Beatles’ “A Hard Day’s Night.”

One of the best policies in America might just have the worst name: libertarian paternalism. Fortunately it's better known as 'nudge theory', and it has saved billions of dollars, huge numbers of lives, and subtly increased the nation's standard of living. How does it do all that? Harvard Law School professor Cass Sunstein explains that libertarian paternalism uses tested behavioral science to present people with choices that could improve their lives.

An op-ed by Cass Sunstein. The partisan gerrymandering case argued this week in the Supreme Court presents one of the most important, difficult and intriguing legal questions of the last quarter century. The constitutional issue in the case, coming out of Wisconsin, is whether and when courts should invalidate redistricting plans that are designed to give a strong advantage to one political party. In extreme cases, such plans are an obvious violation of the Constitution. The problem is that it’s not at all obvious how courts can police them.

Can Donald Trump be impeached? Cass Sunstein’s new book Impeachment: A Citizen’s Guide carefully avoids addressing that question directly: Trump’s name is not mentioned in the text. But despite the effort to avoid current political controversies, the question of whether Trump can, or will, or should be impeached will be on the mind of every reader who picks up the book...The founders wanted a strong, active executive branch, but they feared that the president could become corrupt and trample on individual rights. So they devised a range of checks on executive power, including impeachment. Thus, Sunstein told me by email, “We the People have a way to protect ourselves.”

An op-ed by Cass Sunstein. As Justice Neil Gorsuch starts his first full term on the Supreme Court, many people are cheering what they see as his conservatism, and many others are mourning it. But an investigation of his opinions as an appeals court judge offers a more complicated picture about his beliefs and his approach to the law. First, Gorsuch is fiercely protective of the independence of the judiciary -- and, in important respects, he is skeptical about executive power. Second, he is a bold thinker, willing to go in novel directions. Third, he is a fine writer.

An op-ed by Cass Sunstein. In calling on NFL owners and fans to punish athletes who engage in political protests, President Donald Trump has become a Super Bowl champion of something he purports to oppose: political correctness. Apparently he’s fine with punishing dissenters, so long as he abhors what the dissenters are saying. In recent years, many Republicans and conservatives have complained that political correctness -- on university campuses, in workplaces and elsewhere -- can squelch minority opinions and enforce a left-wing orthodoxy. They’re right.

An essay by Cass Sunstein. The American colonies imported the idea of impeachment from England, where Edmund Burke called it the “great guardian of the purity of the Constitution.” But from 1750 to 1775 republican fervor was running rampant, and the colonists made the idea all their own. Long before shots were fired in Lexington and Concord on April 19, 1775, colonial assemblies used impeachment as a homegrown weapon of republican government, rebuking the King’s agents for the abuse or misuse of power.

An op-ed by Cass Sunstein. The Trump administration has a real opportunity to deliver on its promise to streamline the regulatory state. That opportunity comes from the proposed elimination of more than 50 regulations imposed on the airline industry -- many of them designed to protect safety. Air safety has been a sensational success story. In the U.S., commercial accidents have been at very low levels for years.

An op-ed by Cass Sunstein. It is mid-September, and the Trump administration still has no website for its Office of Information and Regulatory Affairs. That is astonishing. It is also a disservice to the American people.