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.
AI Snips
Chapters
Transcript
Episode notes
Evolution of Presidential Power
- The presidency, as envisioned by the founders, has evolved significantly over time, marked by a general expansion of executive power.
- This expansion has been a long-term trend, accompanied by debates and concerns about its implications.
Justice Jackson's Framework
- Justice Jackson's framework, while useful for analyzing executive power, doesn't always predict outcomes accurately.
- The framework's effectiveness hinges on the often-contested interpretation of congressional actions.
Foreign vs. Domestic Power
- Presidential power traditionally has more leeway in foreign affairs compared to domestic affairs.
- Recent Supreme Court decisions, however, suggest an expansion of presidential authority in domestic contexts, particularly regarding agency control.