Obama's Constitutional Legacy

Abstract

President Obama leaves behind a mixed legacy on constitutional issues — one that is likely to remain controversial for a long time to come. Its most dangerous element may be the precedents he set for unilateral presidential initiation of war. More positively, the President played an important role in the establishment of a constitutional right to same-sex marriage, and his Administration’s policies unintentionally led to litigation that resulted in stronger judicial protection for federalism, property rights, and religious liberties. Obama’s judicial appointments are notable for their impressive professional qualifications and strong support for liberal judicial ideology. The long-term constitutional impact of the Obama presidency remains to be seen.

Keywords: Obama, war powers, same-sex marriage, property rights, federalism, religious liberty, NFIB v. Sebelius, Obamacare, Affordable Care Act, takings, judicial appointments

JEL Classification: K10, K11, K49, N42