Constitution Day Panel 1: COVID and the Constitution

What should we think about the broad delegations of power from legislatures to executives to implement new and draconian rules in response to COVID-19? Those delegations were designed to meet temporary emergencies—that is, things that had to be addressed before the legislature could act. But they are now being used to avoid legislative accountability altogether, and not just for a short-term response, but for the long haul. And it has extended beyond elected governors, to unelected health officials as well.

Panelists:

John Eastman - John is the founding director of the Center for Constitutional Jurisprudence at the Claremont Institute. He was an early Publius Fellow at the Claremont Institute, and a former clerk for Supreme Court Justice Clarence Thomas. John is currently the Henry Salvatori Professor of Law and Community Service at Chapman University’s Dale E. Fowler School of Law and is a member of the distinguished faculty who teach our John Marshall Fellows. He is also the 2020-2021 Visiting Scholar in Conservative Thought and Policy at the University of Colorado, Boulder.

John Yoo - John is a professor of law at the University of California, Berkeley, and faculty member of the Claremont Institute. Previously, he served as Deputy Assistant Attorney General in the Office of the Legal Counsel of the U.S. Department of Justice, where he worked on constitutional and national security matters. He also served as general counsel of the Senate Judiciary Committee, and a law clerk to Justice Clarence Thomas and Judge Laurence Silberman.

Ilya Shapiro - Ilya is the director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute and publisher of the Cato Supreme Court Review. Before joining Cato, he was a special assistant/​adviser to the Multi‐​National Force in Iraq on rule‐​of‐​law issues and practiced at Patton Boggs and Cleary Gottlieb

Tom West - Tom holds the Paul Ermine Potter and Dawn Tibbetts Potter Professorship in Politics at Hillsdale College, where he has taught since 2011. He spent most of his previous career (1974-2011) at the University of Dallas. He is also a Director and Senior Fellow of the Claremont Institute.

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