Expansion of Corporative Free Speech and the Ongoing Constitutional Crisis in the United States

Abstract

This paper focuses on the constitutional-political turbulence that Donald J. Trump has been creating since he was elected president of the United States. On the one hand, we point out the mainstream of litigious and political issues as signals of an on-going constitutional crisis in the United States and its consequences, both in the national and international scenarios. On the other, we explain the indicators of the constitutional crisis within two levels of analysis. The first one considers Trump’s multiple attacks against American constitutional liberties, while the second one studies the cases of Trump’s policies against customary international law. The paper unveils empirical evidence of all the above-mentioned issues in order to explain the increasing constitutional litigation in District Courts and the Supreme Court of the United States. Therefore, the article puts the finger on the role of the judiciary as a key factor in blocking Trump’s policies and his pervasive attacks on the American rule of law.