FiveThirtyEight Politics Trump's Theory Of Presidential Power
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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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Trump's Executive Power Challenges
- Trump's challenges to executive power involve civil service, funding, and agency closures.
- These actions raise separation of powers concerns.
Executive Orders
- Presidents use executive orders to direct actions within the executive branch based on legal authority.
- These orders can be based on statutes or inherent constitutional powers.
Pushing Statutory Boundaries
- Administrations often use broad statutory language to justify ambitious actions.
- This can lead to legal challenges and court interventions, demonstrating checks and balances.