We the People Executive Authority: Presidential Power From America’s Founding to Today
11 snips
Jun 12, 2025 
Saikrishna Prakash, a law expert from the University of Virginia, and Gillian Metzger, a scholar at Columbia Law School, delve into the evolution of presidential power from the Founding Fathers’ intentions to modern interpretations. They debate the unitary executive theory and its implications for independent agencies. The discussion highlights historical tensions between Congress and the presidency, exploring how recent court rulings, including cases involving Trump, shape contemporary views on executive authority and compliance with legal constraints.
AI Snips
Chapters
Books
Transcript
Episode notes
Originalism and Independent Agencies
- Originalist case for independent agencies is weak; originalism doesn't clearly support the president's uncontrolled removal power.
- Congress likely has power to create independent agencies with removal protections.
Founding Views on Removal Power
- Founders and first Congress treated removal power as inherent to president; no statutes gave removal authority.
- Constitution likely bars Congress from legislatively limiting president's removal and control over executive officers.
Modern Presidency Exceeds Founders' Vision
- The modern presidency is stronger and has populist features the founders did not foresee.
- Expanded war powers and claims of mandate challenge original constitutional constraints.
