10/01/2026
The Transatlantic Partnership: A Constitutional Perspective 🇩🇪🇺🇸
How do constitutional principles shape cooperation between Germany and the United States? Together with the German Embassy in Washington, D.C., we discussed this question with Prof. Dr. Günter Krings, Member of the German Bundestag and Deputy Chairman of the CDU/CSU Parliamentary Group; Judge Thomas B. Griffith, former judge on the U.S. Court of Appeals for the D.C. Circuit; and Ambassador Nathan Sales, former U.S. Ambassador-at-Large and Coordinator for Counterterrorism. Prof. Jeffrey D. Kahn of American University Washington College of Law moderated the discussion.
The panel focused on the separation of powers, the delegation of authority to government agencies, the role of political parties and Germany's place in the European legal order.
"The process is as important as the result when creating a law or a policy," said Judge Griffith. Constitutional procedures ensure that decisions are debated, responsibilities remain clear and power is subject to checks and balances.
The discussion of political parties led to another key point: democracy depends on elected representatives who place their constitutional responsibilities above narrow party interests. Or, in the words of Prof. Krings: "Democracies cannot be safeguarded by an institution."
Germany and the United States organize political power differently, but they face the same basic questions: Who has the authority to decide, which procedures must be followed and who is accountable to citizens?
