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We the People
Trump v. United States and the National Security Constitution
Jul 2, 2024
Legal experts Harold Koh, Deborah Pearlstein, and Matthew Waxman discuss Trump v. United States and the National Security Constitution, exploring implications of executive power, presidential immunity, checks and balances, and calls for structural reforms to strengthen Congress in national security matters.
01:01:38
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Quick takeaways
- Supreme Court expanded presidential immunity, weakening checks and balances.
- Incentive structure fosters executive overreach, court deference, and congressional inaction.
Deep dives
The Expansion of Presidential Immunity
The Supreme Court's decision in Trump vs. U.S. marks a dramatic expansion of presidential immunity, allowing for absolute immunity for core executive functions and presumptive immunity for official acts. This decision alters the law of executive power and weakens checks and balances, as highlighted by Harold Hong-Joo-Koh. The Court's shift towards broad immunity reinforces negative incentives for the branches, exacerbating unilateral executive actions.
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Discover
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