The Lawfare Podcast
Lawfare Archive: The Legislative Dog That Hasn’t Barked
Apr 27, 2025
Quinta Jurecic, a legal scholar specializing in national security law, joins Andrew Kent, a Fordham law professor, to discuss the stark contrast in congressional reforms following presidential misconduct between the Watergate era and Trump’s departure. They explore the failure of Congress to pass significant reforms like the Protecting Our Democracy Act and analyze political polarization's impact on legislative action. The conversation delves into historical parallels, the challenges of modern governance, and the pressing need for accountability in leadership.
48:01
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Quick takeaways
- The post-Trump legislative landscape is marked by significant inertia compared to the proactive reforms following Watergate, largely due to political polarization.
- Despite various proposed reforms like the Protecting Our Democracy Act, Congress struggles to secure bipartisan support to effectively limit executive power.
Deep dives
The Disparity in Legislative Action After Watergate and Trump
The period following Watergate saw an unprecedented barrage of legislative reforms aimed at limiting executive power, unlike the lack of similar actions after Trump's presidency. Political analysts noted the significant difference in congressional activity, as historical comparisons highlighted why the current political climate has not yielded comparable reform efforts. Despite the magnitude of Trump’s abuses of power, Congress has struggled to mobilize the same momentum that characterized the post-Watergate reforms, leading many to question the reasons behind this legislative inactivity. Factors such as polarized political dynamics and strategic calculations among lawmakers play crucial roles in this stagnation.
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