Neon Liberalism How the Court Built Trump's Imperial Presidency (with Josh Chafetz)
Aug 23, 2026
Josh Chafetz, Georgetown law professor who studies constitutional law and executive-legislative relations. He traces how a key Supreme Court ruling hollowed congressional checks and how norms and appropriations temporarily filled the gap. He discusses why those gaps mattered under Trump, examples where checks would have changed outcomes, and ideas for strengthening congressional power.
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Chadha's Severability Shifted Power To The Executive
- Chadha's severability ruling removed the back-end congressional checks while leaving delegations intact, turning balanced statutes into executive-empowering schemes.
- Courts severed veto provisions, so agencies kept authority but lost formal congressional disapproval mechanisms.
How Government Growth Made Delegation Necessary
- The federal government's scope exploded in the 20th century from ~3% of GDP to ~23% today, creating delegation needs Congress couldn't manage directly.
- That growth made delegation plus oversight (like vetoes) essential to coordinate modern administration.
Why Chadha Didn’t Collapse Administration Immediately
- After Chadha many agencies still heeded Congress because of funding, confirmation, and oversight pressures that acted as informal substitutes.
- Norms, appropriations control, and public hearings kept agencies accountable in most administrations.
