Executive Functions Chat

Bob Bauer and Jack Goldsmith
  • 4,6 (9)
  • GOVERNO
  • DUAS VEZES/SEMANA

Bob Bauer and Jack Goldsmith discuss news about the presidency. www.execfunctions.org

  1. Who Owns Presidential Records?

    17 DE ABR.

    Who Owns Presidential Records?

    Jack chats with Marty Lederman, professor at Georgetown University Law Center and former deputy assistant attorney general in the Office of Legal Counsel, about a recent OLC opinion declaring the Presidential Records Act unconstitutional. They examine what is at stake, the statute’s history, and the constitutional arguments behind the claim. They also discuss a lawsuit challenging the opinion and the hurdles it faces in getting to the merits. Get full access to Executive Functions at www.execfunctions.org/subscribe

    55 min
  2. The Last Branch Standing

    14 DE ABR.

    The Last Branch Standing

    Jack chats with Sarah Isgur about her new book, Last Branch Standing: A Potentially Surprising, Occasionally Witty Journey Inside Today’s Supreme Court. They unpack her theory of the Court’s decisional dynamics and explore the Court’s approach to executive power in the Trump era, which can be seen as both empowering and constraining the presidency on different dimensions. Mentioned: - Sarah Isgur, Last Branch Standing: A Potentially Surprising, Occasionally Witty Journey Inside Today’s Supreme Court (2026) Get full access to Executive Functions at www.execfunctions.org/subscribe

    30 min
  3. Can Trump Pull Out of NATO?

    3 DE ABR.

    Can Trump Pull Out of NATO?

    In light of President Trump’s recent threats to withdraw the United States from the North Atlantic Treaty, Jack chats with Professor Curtis Bradley of the University of Chicago Law School about whether Trump has the authority to do so. They discuss the constitutional foundations of treaty termination and the validity of Congress’s 2023 statute that restricts withdrawal absent congressional or senatorial consent. They also examine whether a suit to challenge presidential withdrawal from the treaty could be brought in federal court. Mentioned: Curtis A. Bradley, Historical Gloss and Foreign Affairs: Constitutional Authority in Practice (2024) Get full access to Executive Functions at www.execfunctions.org/subscribe

    31 min
  4. It's the President's War

    27 DE MAR.

    It's the President's War

    Bob and Jack chat about the war with Iran and Congress’s response. They discuss Congress’s failed efforts to halt the conflict, an emerging proposal for a constrained authorization of force, and the Trump administration’s limited engagement with lawmakers. They examine the politics of the conflict, the role of funding and appropriations, the status of the War Powers Resolution, and contemporary legal debates over military operations without congressional authorization, including the scope of Office of Legal Counsel opinions and the broader shift toward a one-man-decides model of war powers. Get full access to Executive Functions at www.execfunctions.org/subscribe

    27 min
  5. The Most Dangerous Branch

    20 DE MAR.

    The Most Dangerous Branch

    Jack speaks with Cass Sunstein, the Robert Walmsley University Professor at Harvard Law School, about his new book, Separation of Powers: How to Preserve Liberty in Troubled Times. They discuss why the executive is the most dangerous branch of government, the importance of responsible executive branch lawyers, and contemporary debates over the administrative state, including unitary executive theory in light of the Trump v. Slaughter oral argument and the major questions doctrine after the tariffs case, Learning Resources, Inc. v. Trump. Get full access to Executive Functions at www.execfunctions.org/subscribe

    42 min
  6. Homeland Security in a Time of War with Iran

    3 DE MAR.

    Homeland Security in a Time of War with Iran

    In light of the U.S. attacks on Iran over the weekend, Jack speaks with Elizabeth Sherwood-Randall, former White House Homeland Security Advisor, about how the U.S. government would normally prepare for domestic threats during periods of heightened risk. They discuss how the federal homeland security enterprise activates in response to elevated threat levels, including coordination across the Department of Homeland Security, the FBI, the intelligence community, and state and local law enforcement. They also explore concerns about federal capacity, including a DHS funding lapse, resource diversion away from counterterrorism and toward immigration enforcement, and leadership turnover across key agencies. Thumbnail: FBI Joint Terrorism Task Force photo. (U.S. Government Work.) Get full access to Executive Functions at www.execfunctions.org/subscribe

    28 min
  7. The Tariff Refund Problem

    24 DE FEV.

    The Tariff Refund Problem

    Jack speaks with Matthew Seligman, a fellow at the Stanford Constitutional Law Center, about the remedial consequences of the Supreme Court’s decision invalidating tariffs imposed under the International Emergency Economic Powers Act. They walk through how tariff collection works, why repayment is not automatic, and the procedural hurdles importers face in trying to recover what they paid, including major barriers to class-wide or aggregate relief. They also examine the practical and political constraints shaping the process, including institutional capacity, litigation costs, and why many smaller importers may never recover their losses. Get full access to Executive Functions at www.execfunctions.org/subscribe

    29 min

  8. 13 DE FEV.

    Prosecuting Members of Congress

    Bob and Jack chat about a federal court’s preliminary injunction blocking the Defense Department’s attempt to reduce Senator Mark Kelly’s military retirement benefits, along with a grand jury’s refusal to indict six Democratic members of Congress, including Kelly, who in a video reminded service members of their duty to refuse unlawful orders. They discuss how Trump administration weaponization can be effective even with court losses, and debate possible reforms to limit politically motivated prosecutions of members of Congress, including Bob’s proposal for a court-appointed special counsel and an alternative that focuses on revising the substance of criminal statutes. Mentioned: “The Bad News in the D.C. Grand Jury’s Refusal to Indict Six Members of Congress” by Bob Bauer (Executive Functions, Feb. 12, 2026) Get full access to Executive Functions at www.execfunctions.org/subscribe

    25 min
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Bob Bauer and Jack Goldsmith discuss news about the presidency. www.execfunctions.org

Informações

  • Criado por
    Bob Bauer and Jack Goldsmith
  • Anos de atividade
    2025 - 2026
  • Episódios
    50
  • Classificação
    Livre
  • Copyright
    © Bob Bauer and Jack Goldsmith
  • Site do podcast
    Executive Functions Chat

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