Join Judge Charles Eskridge, a judge with a keen insight on executive power, and Judge Brantley Starr, an expert on constitutional matters, as they dissect the evolution of executive authority in America. They explore the philosophical influences of Locke, contrasting today’s presidency with monarchical rule. Delve into the implications of presidential term lengths and the balance of power with Congress. Get ready for a lively discussion on accountability, the intricacies of political appointments, and historical reflections that shape contemporary governance.
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Executive Power
Article II’s vesting clause vests "the executive power" in the president, unlike Article I, which vests specific powers in Congress.
This raises the question: what exactly constitutes "the executive power?"
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Locke's Two Executive Powers
Locke argues that executives possess two powers: the power to enforce laws (domestic) and federative power (foreign).
He suggests that in emergencies, the executive might have inherent power to override domestic laws, raising concerns about potential abuse.
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Presidential Power vs. Kingly Power
Old Whig argues that the US president holds similar power to the King of England, except for creating nobles.
He suggests a hereditary or life-tenured executive to address potential power abuses, raising questions about the balance between power and accountability.
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My Grandfather's Son is a candid memoir by Clarence Thomas, detailing his life from his early childhood in the Deep South to his appointment as an Associate Justice of the Supreme Court. The book explores his upbringing by his grandparents, his educational journey, and his career in law and government, including his tumultuous Supreme Court confirmation hearings.
Second Treatise on Government
John Locke
In the 'Second Treatise of Government', Locke critiques the divine right of kings and argues for a more civilized society based on natural rights and contract theory. He defines political power as the right to make laws for the protection and regulation of property, emphasizing that legitimate governments must have the consent of the people. Locke also discusses the state of nature, the rise of property and civilization, and the right of revolution, advocating for a system with separate legislative, executive, and judicial powers to ensure the protection of life, liberty, and property[2][4][5].
The Federalist Papers
A Collection of Essays, Written in Favour of the New Constitution
James Madison
Alexander Hamilton
John Jay
The Federalist Papers are a series of essays written by Alexander Hamilton, James Madison, and John Jay under the pseudonym 'Publius.' These essays, published between October 1787 and May 1788, aimed to convince the public and political leaders to ratify the newly drafted US Constitution. The papers provide a comprehensive analysis of the proposed federal system, arguing for a stronger central government and the adoption of the Constitution over the existing Articles of Confederation. They discuss various aspects of republican government, including the separation of powers, checks and balances, and the protection of individual liberties. Despite their primary goal of influencing New York's ratification vote, The Federalist Papers have become a seminal work in American political philosophy and a key resource for understanding the original intent of the Constitution's framers.
David French is off doing David French things, so Sarah Isgur takes over the podcast and invites Judge Charles Eskridge of the Southern District of Texas and Judge Brantley Starr of the Northern District of Texas to discuss all things Texas—and the powers of the executive branch.
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings, click here.
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