The American Compass Podcast
A Unitary Executive with Jack Goldsmith
Mar 14, 2025
Jack Goldsmith, a Harvard Law professor and former Office of Legal Counsel member under George W. Bush, dives into the complexities of executive power. He discusses the historical expansion of the presidency, scrutinizing its roots and recent aggressive interpretations. The conversation navigates the relationship between the executive branch and Congress, the implications of the unitary executive theory, and the dual role of the take care clause in law enforcement. Goldsmith offers insights into how recent administrations have recalibrated executive authority amidst ongoing judicial challenges.
41:39
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Quick takeaways
- The podcast explores the historical expansion of executive power, emphasizing a significant shift towards greater autonomy for the presidency since the Constitution's inception.
- It highlights the crucial role of the judiciary in counterbalancing executive authority, particularly amid aggressive assertions of power by the Trump administration.
Deep dives
Historical Expansion of Executive Power
The discussion highlights the historical context of executive power in the United States, tracing its expansion since the Constitution's founding. The framers created the presidency as an independent branch with broad powers, although they may not have fully anticipated its evolution. Over time, especially in the last 25 years, there has been a significant acceleration in the interpretation and assertion of executive authority. Various administrations, particularly under George W. Bush, have aggressively expanded executive powers in ways that often disregard congressional statutes, contributing to a trend of increased executive dominance in governance.
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