In the first quarter of the 21st century, U.S. presidential power has reached new heights in both domestic policy and foreign affairs. While the framers created a system of government defined by the separation of powers, the presidencies of George W. Bush, Barack Obama, Joe Biden, and Donald Trump reveal a vision, and a version, of unilateral executive power.

What are some reforms that could restore the balance?

Harold Hongju Koh has studied presidential power for decades both as a professor and the former Dean of Yale Law School, and in various government roles, including as the Legal Adviser at the U.S. State Department.

His new book, The National Security Constitution in the 21st Century, argues for structural reforms to realign the balance of power among Congress, the courts, and the president. Harold joined us to discuss the book and Just Security’s recent symposium featuring expert analysis and discussion on some of its key ideas.

This episode was co-hosted by Just Security’s Co-Editor-in-Chief, Tess Bridgeman.

Show Notes:

Tess Bridgeman (LinkedIn – BlueSky – X)
Harold Hongju Koh (LinkedIn – X)
Paras Shah (LinkedIn – X)
Just Security’s symposium on Harold’s book The National Security Constitution in the 21st Century (Yale University Press)
Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

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