
The Remnant with Jonah Goldberg Burkeans, Nutcases, and Originalists | Interview: Cass Sunstein
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Feb 16, 2026 Cass Sunstein, law professor and constitutional scholar, discusses the six separations of power that protect liberty. He talks about limits on the executive, the courts’ role in checking pretextual rationales, deliberative democracy and reason-giving, Congress’s atrophy, and debates over removal powers, originalism, and institutional fidelity.
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Two Branches Needed To Deprive Liberty
- No one branch can both arrest and convict alone; that division protects liberty.
- Executive enforcement and judicial adjudication must align to deprive someone of liberty.
Leverage APA To Check Executive Pretexts
- Use the Administrative Procedure Act to challenge arbitrary executive actions in court.
- Courts can invalidate executive acts when justifications are transparently pretextual.
Separation Of Parties, Not Powers
- Congress now protects party interests more than institutional prerogatives, weakening separation of powers.
- Sunstein calls it 'separation of parties, not powers,' which undermines checks on the executive.







