Advisory Opinions The Great and Powerful President
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Jan 30, 2025 Jack Goldsmith, a Harvard Law Professor and authority on the unitary executive theory, joins the hosts to unpack the complexities of presidential power. He discusses the implications of this theory for President Trump's administration, including executive orders and oversight limits. The conversation dives into the evolving interpretations of presidential authority by the Supreme Court and critiques the impact of law reviews on legal scholarship. Goldsmith raises concerns about the erosion of checks and balances amidst a growing reliance on executive discretion.
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Unitary Executive Theory
- The unitary executive theory posits that the president has full control over the executive branch.
- This includes removal power, law enforcement discretion, and the ability to direct subordinate officials.
Inspector General Firings
- Trump fired nearly all inspectors general, complying with the removal statute's notice requirement.
- Goldsmith believes this action will likely be upheld under current Supreme Court precedent.
OMB Memo on Spending
- The Office of Management and Budget (OMB) issued a memo instructing agencies to pause spending on certain programs.
- This action raises concerns about the president's authority to impound funds.