Madison's Notes S4E39 Executive Power and the President Who Would Not Be King: A Conversation with Michael McConnell
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May 21, 2025 Michael McConnell, a renowned constitutional scholar and former federal judge, dives into the evolving dynamics of executive power. He discusses how the Founders’ vision of limited presidential authority contrasts sharply with today's landscape, characterized by significant administrative overreach. The conversation critiques Justice Jackson's framework for assessing presidential actions, delves into the 'imperial presidency' concept, and examines the implications of the Take Care Clause. McConnell provides insights on restoring balance between powers, a pivotal issue in contemporary political discourse.
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Justice Jackson's Three-Tiered Test
- Justice Jackson's three-tiered test categorizes presidential power based on congressional support or opposition.
- This framework, though influential, is often inconsistent and insufficient for modern executive power cases.
Limits of the Three-Part Test
- The three-part test blurs statute interpretation and ignores inherent presidential prerogatives.
- Most cases fall into a vague "zone of twilight," offering courts little clear guidance on executive authority.
Founders' Shock at Modern Presidency
- The Founders would be shocked by presidents acting unilaterally, ignoring Congress.
- Madison feared congressional dominance but modern reality shows unchecked executive power primarily.