The Lawfare Podcast Lawfare Daily: Jack Goldsmith on Trump v. United States and Executive Power
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Feb 12, 2025 Jack Goldsmith discusses the Supreme Court's ruling in Trump v. United States and its significant implications for executive power. The conversation dives into the shift towards a more expansive view of presidential authority and how this affects American democracy. Key historical cases highlight the evolving landscape of executive power and enforcement discretion. The talk raises critical concerns about potential abuses of power and the balance between governance and oversight, urging listeners to consider the broader implications for the nation's legal framework.
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Trump v. United States implications
- In Trump v. United States, the Supreme Court's ruling on presidential immunity has broader implications.
- The ruling introduces a maximalist theory of executive authority with potentially expansive, unknown consequences.
Expansion of Presidential Power
- The Supreme Court's focus on exclusive presidential power builds upon earlier rulings but with key differences.
- The Court's interpretation of the removal power and take care clause expands presidential authority significantly.
Beyond Unitary Executive Theory
- Trump v. United States goes beyond the unitary executive theory by expanding the scope of executive power.
- The ruling suggests that the president can use inherent powers to circumvent laws, a novel legal concept.