Harvard’s Jack Goldsmith on the Coming Trump Presidency
Dec 12, 2024
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In this insightful conversation, Harvard law professor Jack Goldsmith, a former Assistant Attorney General, delves into the looming implications of a second Trump presidency. He analyzes Trump's ambitions to reshape federal control, highlighting the potential risks to constitutional governance and the rule of law. Goldsmith discusses the evolving power of presidential pardons and the erosion of checks and balances, emphasizing the critical role of Congress and civil servant independence in maintaining democratic integrity amidst political pressures.
Jack Goldsmith warns that Trump's ambition for unprecedented control over the federal government raises concerns about the future of constitutional norms.
The podcast stresses the need for Congressional oversight as a necessary counterbalance to potential executive overreach during Trump's anticipated second term.
Goldsmith highlights that the evolving misuse of presidential pardon power underscores the urgency for reforms to prevent favoritism and protect justice.
Deep dives
The Importance of a Strong, Law-Abiding Presidency
The dialogue emphasizes the necessity of a strong presidency that operates within the framework of the law. While presidential power is vital in addressing modern global challenges, it is equally essential for that power to be accountable. The discussion references Arthur Schlesinger Jr.'s notion that a vigorous presidency must be nested with checks and balances. This balance ensures that the president not only possesses substantial authority but is also tempered by an understanding of limitations inherent to the office.
Challenges to Presidential Norms Post-Trump
The podcast delves into how President Trump, particularly during his first term, exploited loopholes in post-Watergate accountability norms, signaling a significant departure from traditional executive behavior. Jack Goldsmith notes that many of their reform proposals aimed at restoring the presidency's proper constraints largely went ignored after Trump left office. Although some reforms, such as the Electoral Count Act, passed with bipartisan support, many other crucial proposals failed to gain traction. This lack of urgency following Trump's departure raises concerns about the future of executive accountability.
The Controversial Use of Presidential Pardon Power
The discussion examines the evolving nature of the presidential pardon power, highlighting concerns regarding its misuse for personal or political gain. Goldsmith argues that while the Constitution grants this power as a form of executive mercy, recent presidents have often employed it in ways that undermine justice and foster perceptions of favoritism. The podcast mentions examples of both Trump's controversial pardons and Biden's recent pardon of his son, which further complicates public perceptions of the pardon system. This leads to the conclusion that reforming this power may necessitate constitutional amendments to minimize potential abuses.
The Need for Internal Checks on Presidential Power
The importance of internal presidential self-constraint and character is emphasized as a critical factor in maintaining accountability and governance. Goldsmith argues that many effective limits on the presidency arise from an understanding of expected norms and personal judgment rather than external legal constraints. The podcast illustrates how former presidents exercised restraint due to prevailing norms, suggesting that Trump’s approach disrupted these expectations, and Biden has also fallen short in reinforcing them. This decline in self-restraint among leaders signifies an unsettling pattern that threatens the institution's integrity.
Congress's Role in Oversight and Accountability
The nature of congressional oversight is discussed, underscoring its pivotal role in maintaining checks on presidential power, particularly in defense and intelligence communities. Despite political dynamics varying with party control, committees in Congress have historically played a significant part in navigating oversight. The ongoing effectiveness of congressional committees regarding oversight under a more partisan environment, especially during Trump's anticipated second term, poses an open question. Members emphasize that genuine engagement from Congress can serve as a vital counterbalance to potential executive overreach.
How well might the political and legal norms of constitutional government fare in the second Trump administration?
To discuss, we are joined by Jack Goldsmith, distinguished law professor at Harvard and former Assistant Attorney General in the Office of Legal Counsel. As Goldsmith explains, Trump has expressed ambitions to exercise unprecedented control over the federal government, with plans to change the Civil Service and administrative agencies, and wield the pardon power aggressively, among other methods. While emphasizing the broad powers the president has to shape policy and personnel, Goldsmith discusses the future of checks and balances that protect the rule of law. To preserve the guardrails of government, Goldsmith emphasizes the role and responsibility of Congress, political appointees, and bureaucrats maintaining fidelity to constitutional duties.
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