SARChI DIALOGUE SERIES: New Challenges for constitutionalism, fundamental rights, and risks to democracy in the first 100 days of the Trump, Vance, and Musk administration in the United States [16 April 2025]

Presentation

Since Donald Trump’s inauguration as the 47^th President of the United States on January 20^th, 2025, tensions and critical stances regarding his distinctive administration have not ceased. These range from foreign policy issues related to the conflicts between Russia and Ukraine or the Palestinian-Israeli situation, to the renaming of the Gulf of Mexico as the Gulf of America, and the intentions to incorporate Greenland into the union due to its strategic location.

Although many of these issues and tensions were foreseeable since the election campaign, once in office, presidential actions have been massive across the most diverse areas, primarily through Executive Orders. These have sparked strong opinions about their serious effects on Democracy, Fundamental Rights, and constitutionalism, with some voices even suggesting that fully authoritarian practices are being adopted.

The talk, will focus on a critical approach to the topic by including, alongside the names of the President and Vice-president, the controversial figure of Elon Musk. Musk has played a decisive role in significant and impactful actions of the administration since the campaign and the inauguration.

This talk will address, among other aspects that have generated particular tension, issues related to the separation of powers, judicial review, and due process of law. These stem from confrontations between public branches of government in cases involving migration and mass deportations, as well as the disregard for federal judicial mandates. This analysis will be reconnected with historical precedents and decisions of the United States Supreme Court, which, since the nation’s founding as a republic, have shaped its legal culture up to the present day—when we might be witnessing profound political and economic changes, not only in that country but globally.

Xavier Philippe is Professor of Public Law at the Law Faculty of the University Paris 1 Panthéon- Sorbonne (Sorbonne School of Law) and Extraordinary Professor at the University of the Western Cape (Cape Town-South Africa). He holds a State Doctorate in Law (LLD 1989) and two Master’s degrees in Public Law and Social and Health Law (1983-1984). He was appointed Professor in 1990 at the University of La Réunion (Indian Ocean) after having been lecturer and Senior Lecturer at the University of Aix-Marseilles (1985-1989). From 1995 until 2001, he was seconded to South Africa during the transition period as legal expert and academic at the University of the Western Cape (Cape Town – South Africa). He also worked on the Truth and reconciliation process and developed research in Transitional justice. He came back to Aix-en-Provence from 2002 until 2004 as Professor of Public Law. From 2004 until 2007, he was seconded again to the International Committee of the Red Cross as Regional Legal Advisor for the CIS countries (Moscow delegation). From 2008 to 2018, he was Professor at the University of Aix-Marseille (AMU) and headed the Louis Favoreu Institute and created a new Master Programme on the Law of State Rebuilding in Post-conflicts situations. In 2018, he was elected at the Sorbonne School of Law (University of Paris 1 Panthéon-Sorbonne) where he teaches and chairs the Sorbonne Institute of Legal and Philosophical Science (UMR CNRS 8103). He also heads the Master Program in Constitutional & Human Rights Law.

His main fields of expertise are Constitutional comparative Law (Drafting processes), Human Rights, International Humanitarian Law, International Criminal Law and Transitional justice. He also has been deeply implicated in constitutions rebuilding processes in post conflict or post crisis situations, especially in South Africa, Tunisia and Myanmar, where he participated in national dialogue and constitution rebuilding processes. He is the co-founder and co-chair of the Francophone Association for Transitional Justice that became The Louis Joinet Institute.

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