172: Apex Criminality
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If we were starting from scratch, as our guest Aziz Huq puts it, how should our constitution deal with criminality by high government officials? We talk about the constitutional designer's perspective, the criminalization of politics, and the politicization of the rule of law. This show’s links: Aziz Huq’s faculty profile and academic writing Aziz Huq, Legal or Political Checks on Apex Criminality: An Essay on Constitutional Design Thomas Ginsburg, Zachary Elkins, and James Melton, The Lifespan of Written Constitutions; Tom Ginsburg and James Melton, Does the Constitutional Amendment Rule Matter at All? Amendment Cultures and the Challenges of Measuring Amendment Difficulty; Aziz Huq, The Function of Article V Aziz Huq, Hippocratic Constitutional Design in Assessing Constitutional Performance Tom Ginsburg and Aziz Huq, How to Save a Constitutional Democracy; Aziz Huq and Tom Ginsburg, How to Lose a Constitutional Democracy (see also the version of these ideas in Tom and Aziz's article for Vox) The…