
FiveThirtyEight Politics
Trump's Theory Of Presidential Power
Feb 19, 2025
Constitutional law professor Peter Shane, an expert in separation of powers at NYU, delves into the evolution of presidential power, particularly during Trump's presidency. He discusses the implications of executive orders and how they challenge congressional authority. Shane critiques the interpretations of presidential power, comparing them to historical norms and highlighting potential threats to democracy. The conversation also addresses governance challenges and the significant role of democratic norms in everyday American life.
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Quick takeaways
- The evolution of presidential power underscores a concerning trend where executive actions increasingly test constitutional boundaries beyond traditional norms.
- Congress's passive role in reasserting its authority leads to potential long-term challenges in governance and undermines the effectiveness of checks and balances.
Deep dives
Historical Context of Presidential Power
The discussion notes the historical evolution of presidential power, particularly in relation to federal holidays like President's Day, initially honoring George Washington's birthday. In 1968, the Uniform Monday Holiday Act established that this holiday, among others, would be celebrated on Mondays, influencing how federal observances were structured. The transition into modern discussions highlights the current president testing the limits of executive power, with Congress appearing less proactive in reasserting its authority. This sets the stage for understanding the ongoing tension between the executive branch and legislative oversight.
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