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Advisory Opinions
The Great and Powerful President
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.
01:01:25
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Quick takeaways
- The podcast explores the implications of the unitary executive theory, emphasizing the president's expansive authority over executive power and its historical context.
- Discussions on congressional oversight highlight the tension between presidential actions and legislative authority, questioning the boundaries of executive overreach.
Deep dives
Understanding the Unitary Executive Theory
The unitary executive theory posits that all executive power resides in the president, as outlined in Article 2 of the Constitution. This theory encompasses several tenets, including the president's authority to control subordinate officials and the discretion to enforce or not enforce laws. Its historical origins trace back to the founding of the United States but gained prominence in the Reagan administration, where it was articulated by conservative legal scholars. The concept has implications for executive actions, including the removal of officials, challenging norms around checks and balances within the government.
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Discover
highlights
Listen to the best highlights from the podcasts you love and dive into the full episode