The Lawfare Podcast Lawfare Daily: Ask Us Anything About 2025
Jan 2, 2026
A dynamic discussion unfolds as contributors tackle a range of pressing legal issues. They dive into presidential immunity and the nuances of AI regulations. The legality of military action and congressional authority comes under scrutiny, revealing the delicate balance of power. Questions about executive overreach and the implications of pardons prompt insightful debates. Additionally, the impact of state AI laws and global initiatives to ensure AI safety highlight the evolving landscape of technology and governance.
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Episode notes
Stripping Supreme Court Jurisdiction Is Uncertain
- Congress's power under Article III to make exceptions to Supreme Court appellate jurisdiction is unresolved and legally fraught.
- Eric Columbus highlights Klein and the constitutional ambiguity over removing the Court's appellate review in targeted areas.
Executive Can't Permanently Delegate Power To Congress
- Presidents cannot unilaterally bind future presidents by 'delegating' executive power to Congress through signing laws.
- Scott R. Anderson explains the one-way nature of delegations and the limits on binding successors.
State Guards Offer Control Governors Can Keep
- Governors can deploy National Guard for state missions, but the president can federalize them under Title 10 without consent.
- Use state defense forces or local law enforcement if you want forces governors control permanently.
