Model of governance that separates powers
POPULARITY
Richard Epstein analyzes the Trump administration's efforts to bypass state-run elections by banning voting machines. He characterizes these moves as unilateral abuses that threaten the constitutional separation of powers. (3/16)1900 PASADENA GREEN HOTEL
President Donald Trump dropped his lawsuit against the IRS over leaked tax returns just before the Justice Department announced a nearly $2 billion taxpayer-funded settlement fund tied to the case. Critics are raising constitutional concerns over the newly created “Anti-Weaponization Fund” and how it was established without a congressional vote. Subscribe to our newsletter to stay informed with the latest news from a leading Black-owned & controlled media company: https://aurn.com/newsletter Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Comprehensive coverage of the day's news with a focus on war and peace; social, environmental and economic justice. King Charles III (Image by Roger Harris) UN Security Council debates worsening crisis in Gaza amid fragile ceasefire and global inattention; King Charles III speaks US Congress about democratic values, separation of powers; Bipartisan Dignity Act would create legal status for undocumented residents, another bill would extend Temporary Protected Status (TPS); Tensions over ICE-local cooperation spark protests in Sonoma County after man in jail transferred to ICE; Supreme Court hears arguments in case that could derail more than 100,000 lawsuits blaming Monsanto for pesticide-related cancers The post King Charles III speaks US Congress about democratic values, separation of powers; Bipartisan Dignity Act would create legal status for undocumented residents – April 28, 2026 appeared first on KPFA.
This episode examines the constitutional principle of separation of powers: what it is, why the American founders considered it essential to liberty, and how it works in practice through checks and balances. The conversation explores the distinct roles of Congress, the presidency, and the courts, and then turns to major controversies that continue to shape […]
This episode examines the constitutional principle of separation of powers: what it is, why the American founders considered it essential to liberty, and how it works in practice through checks and balances. The conversation explores the distinct roles of Congress, the presidency, and the courts, and then turns to major controversies that continue to shape American government, including executive removal power, independent agencies, and war powers. The result is a clear discussion of why separation of powers remains one of the most important and contested features of the American constitutional order.Download the Separation of Powers documents collection for free: https://tinyurl.com/mr3274xxHost: Jeff SikkengaExecutive Producer: Jeremy GyptonSubscribe: https://linktr.ee/theamericanideaHomepage: https://ashbrook.org/the-american-idea-podcast/
Africa Melane speaks to Jonathan Ratshibvumo, Founder and Chairperson of the Association of Former Judicial Officers of Southern Africa joins us to unpack what courts consider during sentencing. Early Breakfast with Africa Melane is 702’s and CapeTalk’s early morning talk show. Experienced broadcaster Africa Melane brings you the early morning news, sports, business, and interviews politicians and analysts to help make sense of the world. He also enjoys chatting to guests in the lifestyle sphere and the Arts. All the interviews are podcasted for you to catch-up and listen. Thank you for listening to this podcast from Early Breakfast with Africa Melane For more about the show click https://buff.ly/XHry7eQ and find all the catch-up podcasts here https://buff.ly/XJ10LBU Listen live on weekdays between 04:00 and 06:00 (SA Time) to the Early Breakfast with Africa Melane broadcast on 702 https://buff.ly/gk3y0Kj and CapeTalk https://buff.ly/NnFM3N Subscribe to the 702 and CapeTalk daily and weekly newsletters https://buff.ly/v5mfetc Follow us on social media: 702 on Facebook: https://www.facebook.com/TalkRadio702 702 on TikTok: https://www.tiktok.com/@talkradio702 702 on Instagram: https://www.instagram.com/talkradio702/ 702 on X: https://x.com/Radio702 702 on YouTube: https://www.youtube.com/@radio702 CapeTalk on Facebook: https://www.facebook.com/CapeTalk CapeTalk on TikTok: https://www.tiktok.com/@capetalk CapeTalk on Instagram: https://www.instagram.com/ CapeTalk on X: https://x.com/CapeTalk CapeTalk on YouTube: https://www.youtube.com/@CapeTalk567 See omnystudio.com/listener for privacy information.
Hello to you listening wherever your feet touch the ground! Coming to you from Whidbey Island, Washington this is Stories From Women Who Walk with 60 Seconds (and a bit more for an important announcement) for Wednesdays on Whidbey and your host, Diane Wyzga. NO KINGS Rally 3.0 is another national day of action and mass mobilization in response to increasing authoritarian excesses from Trump's regime. This regime has cracked down on free speech, detained immigrants, killed American citizens, defied the courts, threatened anyone who would not bend a knee, enriched themselves and their obscenely greedy tycoons with unprecedented corruption, and started an illegal, idiotic war putting us on the eve of destruction. On Saturday March 28th Americans are once again taking to the streets of our nation. Here on Whidbey Island, Washington, our protest (organized by Indivisible Whidbey and supported by peacekeepers from SOS Whidbey) will focus on defending democracy and civil rights. Demonstrators will speak out against the illegal war in the Middle East, sending troops into communities to carry out aggressively lawless actions by ICE, and the ongoing attempts to subvert voting rights and the midterm elections. “It's more important than ever to speak out, to come together and demand a different path”, said Carrie Krueger, an event organizer from Indivisible Whidbey. “American citizens are being disappeared or killed in the street; our soldiers, including those from Whidbey Island, are in harm's way for a war that is illegal and devastating. The very foundations of our democracy, including separation of powers and free and fair elections, are being actively and intentionally dismantled.” The event will feature music by Singing Resistance and chants led by local student leaders. We will also raise money for the Neighbor to Neighbor Fund, a grassroots community fund supporting immigrants with financial assistance for food, housing, transportation and immigration legal fees. All of us are committed to non-violent action including de-escalation of conflicts. Peacekeepers will be on hand to ensure a peaceful and positive event. Our event will take place in Oak Harbor to support the veteran and active duty military who have served and are serving our country. Saturday March 28, Noon to 2 Northeast 4th Avenue & State Route 20 Oak Harbor, WA 98277 Click HERE to learn more about No Kings Rally 3.0 and how you can get involved with Indivisible Whidbey Click HERE to register to attend No Kings Rally 3.0 in Oak Harbor, WA Click HERE to find No Kings Rally 3.0 events near you Click HERE to access a comprehensive No Kings Rally 3.0 website CTA: We're no longer watching history - we are making it - to save Democracy and work together for a world that supports life for everything and everyone. Thank you for listening, for being one of us, and see you out on the streets March 28th! You're always welcome: "Come for the stories - Stay for the magic!" Speaking of magic, I hope you'll subscribe, share a 5-star rating and nice review on your social media or podcast channel of choice, bring your friends and rellies, and join us! You will have wonderful company as we continue to walk our lives together. Stories From Women Who Walk Production Team Podcaster: Diane F Wyzga & Quarter Moon Story Arts Music: Mer's Waltz from Crossing the Waters by Steve Schuch & Night Heron Music ALL content and image © 2019 to Present Quarter Moon Story Arts. All rights reserved. If you found this podcast episode helpful, please consider sharing and attributing it to Diane Wyzga of Stories From Women Who Walk podcast with a link back to the original source.
North Carolina's government structure can be…complicated. And sometimes, that complexity shows up in ways that raise more questions than answers. UNC Law School Professor Rick Su is a leading expert on local government and he breaks down a curious exchange between a state House member and Sheriff Garry McFadden that exposed a surprising level of confusion about a basic question: what branch of government do sheriffs actually belong to? The conversation highlights a bigger issue about North Carolina's uniquely structured executive branch, where power is fragmented, roles can blur, and even experienced officials can get tripped up. If you've ever wondered who's really in charge in North Carolina government, this episode is your crash course in the state's “funky” separation of powers and why it matters more than you think. Skye and Brian also break down the latest in Berger v. Page, a constitutional amendment on property taxes, Mark Robinson is back, Rep. Mike Clampitt dies, a Senate Pro Tem rumor is unsubstantiated, TOTW, and welcome to March Madness. The Do Politics Better podcast is sponsored by New Frame, the NC Travel Industry Association, the NC Beer & Wine Wholesalers Association, the NC Pork Council, the NC Realtors, and the NC Healthcare Association.
Hello to you listening wherever your feet touch the ground! Coming to you from Whidbey Island, Washington this is Stories From Women Who Walk with 60 Seconds (and a bit more for an important announcement) for Wednesdays on Whidbey and your host, Diane Wyzga. NO KINGS Rally 3.0 is another national day of action and mass mobilization in response to increasing authoritarian excesses from Trump's regime. This regime has cracked down on free speech, detained immigrants, killed American citizens, defied the courts, threatened anyone who would not bend a knee, enriched themselves and their obscenely greedy tycoons with unprecedented corruption, and started an illegal, idiotic war putting us on the eve of destruction. On Saturday March 28th Americans are once again taking to the streets of our nation. Here on Whidbey Island, Washington, our protest (organized by Indivisible Whidbey and supported by peacekeepers from SOS Whidbey) will focus on defending democracy and civil rights. Demonstrators will speak out against the illegal war in the Middle East, sending troops into communities to carry out aggressively lawless actions by ICE, and the ongoing attempts to subvert voting rights and the midterm elections. “It's more important than ever to speak out, to come together and demand a different path”, said Carrie Krueger, an event organizer from Indivisible Whidbey. “American citizens are being disappeared or killed in the street; our soldiers, including those from Whidbey Island, are in harm's way for a war that is illegal and devastating. The very foundations of our democracy, including separation of powers and free and fair elections, are being actively and intentionally dismantled.” The event will feature music by Singing Resistance and chants led by local student leaders. We will also raise money for the Neighbor to Neighbor Fund, a grassroots community fund supporting immigrants with financial assistance for food, housing, transportation and immigration legal fees. All of us are committed to non-violent action including de-escalation of conflicts. Peacekeepers will be on hand to ensure a peaceful and positive event. Our event will take place in Oak Harbor to support the veteran and active duty military who have served and are serving our country. Saturday March 28, Noon to 2 Northeast 4th Avenue & State Route 20 Oak Harbor, WA 98277 Click HERE to learn more about No Kings Rally 3.0 and how you can get involved with Indivisible Whidbey Click HERE to register to attend No Kings Rally 3.0 in Oak Harbor, WA Click HERE to find No Kings Rally 3.0 events near you Click HERE to access a comprehensive No Kings Rally 3.0 website CTA: We're no longer watching history - we are making it - to save Democracy and work together for a world that supports life for everything and everyone. Thank you for listening, for being one of us, and see you out on the streets March 28th! You're always welcome: "Come for the stories - Stay for the magic!" Speaking of magic, I hope you'll subscribe, share a 5-star rating and nice review on your social media or podcast channel of choice, bring your friends and rellies, and join us! You will have wonderful company as we continue to walk our lives together. Stories From Women Who Walk Production Team Podcaster: Diane F Wyzga & Quarter Moon Story Arts Music: Mer's Waltz from Crossing the Waters by Steve Schuch & Night Heron Music ALL content and image © 2019 to Present Quarter Moon Story Arts. All rights reserved. If you found this podcast episode helpful, please consider sharing and attributing it to Diane Wyzga of Stories From Women Who Walk podcast with a link back to the original source.
In this episode of The Todd Huff Show, Todd continues his series explaining the foundational principles behind America's constitutional system. Today's focus: why the Constitution was intentionally designed to slow the expansion of government power. Todd explores how good intentions in politics can still produce harmful policies, from welfare incentives and regulatory barriers to government-driven inflation in higher education. He also explains the Founders' reasoning behind separation of powers, federalism, and enumerated powers—and why government gridlock can actually protect liberty. Finally, Todd examines how crises are often used to justify expanding government authority, reminding listeners why vigilance is necessary to preserve freedom.
In this episode of The Todd Huff Show, Todd continues his series explaining the foundational principles behind America's constitutional system. Today's focus: why the Constitution was intentionally designed to slow the expansion of government power. Todd explores how good intentions in politics can still produce harmful policies, from welfare incentives and regulatory barriers to government-driven inflation in higher education. He also explains the Founders' reasoning behind separation of powers, federalism, and enumerated powers—and why government gridlock can actually protect liberty. Finally, Todd examines how crises are often used to justify expanding government authority, reminding listeners why vigilance is necessary to preserve freedom.
What happens when flawed human beings are given unlimited power? In this episode of The Todd Huff Show, Todd continues his foundational series on political philosophy by asking a critical question: Who should hold power—and how much should they have?Todd explains why the Founding Fathers built a system designed to restrain government, rooted in a realistic understanding of human nature. From biblical insights about sin to historical examples of tyranny, he explores why good intentions aren't enough to build good systems. The discussion also touches on communism's fatal flaw, the myth of the “benevolent dictator,” and why political debates should focus on outcomes—not motives.If you want to understand the deeper ideas behind conservatism, this conversation lays the groundwork.
What happens when flawed human beings are given unlimited power? In this episode of The Todd Huff Show, Todd continues his foundational series on political philosophy by asking a critical question: Who should hold power—and how much should they have?Todd explains why the Founding Fathers built a system designed to restrain government, rooted in a realistic understanding of human nature. From biblical insights about sin to historical examples of tyranny, he explores why good intentions aren't enough to build good systems. The discussion also touches on communism's fatal flaw, the myth of the “benevolent dictator,” and why political debates should focus on outcomes—not motives.If you want to understand the deeper ideas behind conservatism, this conversation lays the groundwork.
In Suncor Energy, Inc., v. Commissioners of Boulder County, the Supreme Court will consider whether state courts may use tort law to impose what amounts to a nationwide climate regulatory regime—despite Congress’s central role in addressing interstate and international emissions.Colorado local governments sued several energy companies in state court, asserting nuisance, trespass, consumer protection, and conspiracy claims for harms allegedly caused by global greenhouse-gas emissions. Although framed as state-law tort actions, the lawsuits seek damages and remedies tied to worldwide energy production and cross-border emissions—issues that are inherently national and international in scope.The energy companies argue that these claims are displaced by federal law because they attempt to regulate interstate and international pollution, an area requiring uniform federal rules. Allowing 50 different state courts to impose varying standards for global emissions, they contend, would undermine constitutional structure, interfere with federal authority, and invite judicial policymaking on questions committed to Congress and the political branches.The Colorado Supreme Court rejected those arguments, permitting the case to proceed in state court. The U.S. Supreme Court has now granted review and added an important threshold question: whether it even has jurisdiction to hear the case at this interlocutory stage—raising additional concerns about the proper limits of judicial power under Article III.This webinar will examine whether state-law climate tort suits represent a legitimate exercise of state authority or an attempt to achieve sweeping national policy changes through strategic litigation rather than the democratic process. What does constitutional structure require when global environmental regulation collides with state common law? And what are the consequences for federalism if courts become venues for resolving inherently national policy disputes?Join us for a discussion of the constitutional stakes and what this case may mean for the future of climate litigation nationwide. Featuring:Jonathan Adler, Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School; Senior Fellow, Property and Environment Research CenterO.H. Skinner, Executive Director, Alliance For ConsumersMichael Williams, Solicitor General, West Virginia(Moderator) Annie Donaldson Talley, Partner, Luther Strange & Associates
For decades, Americans viewed the Supreme Court as an impartial referee standing above the political fray. However, public trust in this vital institution has recently plummeted to historic lows. Many observers blame a surge in ideological rulings that align with the party of the President who appointed each justice. If the referee is suddenly wearing a team jersey, the fundamental systems of democracy and capitalism begin to break down. Georgetown University Law Professor Steve Vladeck joins Luigi and Bethany to argue that the real culprit isn't just partisan justices, but a complete abdication of responsibility by Congress. Rather than viewing judicial reform as a zero-sum game of packing the court, he proposes that lawmakers must reclaim their constitutional authority to check judicial overreach. He explains how special interest groups have successfully manipulated this power vacuum to reshape American regulations. This perspective completely reframes the crisis from a partisan dispute into a structural collapse of institutional power. This episode explores the hidden mechanisms that allow unaccountable judges to unilaterally rewrite the rules of our economic system, why decades of political complacency allowed this shift and what actionable steps can actually fix it. Vladeck answers whether the business community will ultimately regret enabling a system that erodes the reliable rule of law and why saving our markets may require Congress to finally stand up and do its job. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Part 11: We're using the slip opinion this time, see below for a link. Why the Court's majority is wrong in Bostock v. Clayton County Georgia (2020) (part 11 in a series) about the faulty assumption that unexamined and unexplained transgenderism premises about sex and gender are properly included under "sex discrimination" language in Title VII of the 1964 Civil Rights Act --This continues to be a real hoot. Part 11: We continue our in-depth examination of sex, gender, and separation of powers in the US Supreme Court decision Bostock v. Clayton County, GA 590 U.S. 644 (2020): the Republican dispute, how to understand it, and what to do about it. We introduce Justice Kavanaugh's strong dissent (although there are a couple of issues, one kinda tacky, the other a bit more serious) grounded in the moral arc of separation of powers: to protect individual liberty. Justice Kavanaugh rightly concludes that the Court threatened individual liberty under the guise of protecting it -- a serious charge indeed -- and one I think is probably correct. We get through the bottom of his page 6 in the slip opinion of his dissent. Part 11. Today's episode begins with a Chaplain's corner: a reading from Psalm 3 in the ESV, and Streams in the Desert January 26th (Cowman Publications Lost Feliz Station Lost Angeles, Calif., non-woke original edition). https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf The Republican Professor is a pro-separation-of-powers-rightly-construed podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D. Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor
This is the seventh episode of our ongoing series breaking down the U.S. Constitution. This month, Roman and Elizabeth discuss Article IV, which outlines the relationship between states and between states and the federal government. They add the 10th Amendment to the conversation, because that also talks about the states. Then, California Attorney General Rob Bonta joins to talk about how his office is using Article IV and the 10th Amendment to protect the state from federal overreach. The 99% Invisible Breakdown of the Constitution Subscribe to SiriusXM Podcasts+ to listen to new episodes of 99% Invisible ad-free and a whole week early. Start a free trial now on Apple Podcasts or by visiting siriusxm.com/podcastsplus. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Are Politicians Fighting The Wrong Battles While Americans Fight Their Bills? In this episode of Go Right with Peter Boykin, The Constitutionalist for Liberty, we break down the growing disconnect between political headlines and real-life kitchen-table struggles. While politicians argue over symbolic issues, Americans are dealing with rising power bills, grocery costs, housing prices, insurance premiums, and everyday financial pressure that continues to reshape trust in government.This monologue explores how federal policies, state regulations, and local decisions all contribute to the cost-of-living crisis and why many voters feel ignored by both parties. From constitutional consistency to economic reality, this is a direct look at how leadership priorities impact real people and why affordability may be the defining issue shaping the future of our Constitutional Republic.Watch and Listen:https://rumble.com/v766730-are-politicians-fighting-the-wrong-battles-while-americans-fight-their-bill.html https://youtu.be/owDjjoREFIg?si=Q0iKOWsX2kF7REVZhttps://www.spreaker.com/episode/are-politicians-fighting-the-wrong-battles-while-americans-fight-their-bills--70243586Visit and follow:https://gorightnews.com/are-politicians-fighting-the-wrong-battles-while-americans-fight-their-bills/ Follow Go Right with Peter Boykin, The Constitutionalist for Liberty at GoRightNews.com. Watch on Rumble. Listen on Spreaker, Spotify, Apple, and Amazon. Support independent journalism at Cash App $GoRightNews. Watch more episodes and join the movement by following and subscribing. Share your thoughts in the comments and help keep the conversation focused on solutions, accountability, and constitutional principles.#GoRight, #GoRightNews, #PeterBoykin, #ConstitutionalistForLiberty, #CostOfLivingCrisis, #Inflation, #KitchenTableIssues, #EconomicReality, #SupremeCourt, #SCOTUS, #FederalPower, #StateGovernment, #LocalGovernment, #ConstitutionalRepublic, #WeThePeople, #JohnRoberts, #ConstitutionalLaw, #RuleOfLaw, #JudicialActivism, #JudicialConsistency, #SeparationOfPowers, #ChecksAndBalances, #TaxingPower, #HealthcareMandate, #VaccineMandate, #TradePolicy, #Tariffs, #EconomicNationalism, #AmericaFirst, #PoliticalCommentary, #CitizenJournalism, #LibertyFirst, #GovernmentPower, #LegalDebate, #AmericanPolitics, #HighBills, #EnergyCosts, #HousingAffordability, #PropertyTaxes, #SmallBusinessStruggles, #RegulatoryReform, #FiscalResponsibility, #CountyCommissioners, #CityCouncil, #GovernmentAccountability, #EconomicFreedom, #MiddleClass, #IndependentVoters, #PoliticalReformBecome a supporter of this podcast: https://www.spreaker.com/podcast/go-right-with-peter-boykin-the-constitutionalist-for-liberty--3096608/support.
I discuss the tariff situation and how they are still very much in play, as the importance of the separation of powers being shown here proves the civil war is real. I discuss old instances of Somali sex gangs across three states and how the education system is being infiltrated by them to make excuses for similar behavior. I also discuss the corrupt nature of the K12 Title IX process; and how the truth is the largest and most uncomfortable mirror to look in to. Substack: https://theamericanclassroom.substack.com/p/one-out-of-five Book Websites: HERE and HERE. https://www.moneytreepublishing.com/shop PROMO CODE: “AEFM” for 10% OFF, or https://armreg.co.uk PROMO CODE: "americaneducationfm" for 15% off all books and products. (I receive no kickbacks). https://www.thriftbooks.com/ Q posts book: https://drive.proton.me/urls/JJ78RV1QP8#yCO0wENuJQPH
In this explosive episode, you'll get breaking analysis of the Supreme Court's landmark 6-3 decision declaring Trump's tariffs unconstitutional, and what it means for the economy, Congress, and the upcoming State of the Union address. Key topics you'll explore in this episode: • The Supreme Court's constitutional reasoning behind striking down Trump's tariff authority and why this wasn't an ideological decision • Trump's immediate response and his plan to impose new tariffs under different legal authority • The massive logistical nightmare facing businesses: Will companies have to refund tariff costs to consumers? How will they prove what was passed on? • The rising power of Commerce Secretary and how Section 232 and Section 301 trade authorities become the new battleground • Whether Congress will finally reclaim its Article One constitutional duty to regulate tariffs through a new reconciliation package • State of the Union preview: Will Trump stay on teleprompter or go off-script attacking the Supreme Court? • The strategic debate: Should Democrats attend the State of the Union or boycott? Our panel is deeply divided • Alternative State of the Union events on the National Mall and at the National Press Club—who's attending and why it matters • How the rise of independent journalism and platforms like Substack are changing political media consumption • The proper decorum debate: Is sitting silently while the President lies a dereliction of duty, or is disrupting the institution worse? This episode features passionate debate between our co-hosts about institutional norms, political strategy, and what Democrats should do on Tuesday night. You'll hear arguments for maintaining decorum versus the moral imperative to resist, and why this moment represents a fundamental question about American democratic institutions. Whether you're concerned about rising prices, worried about constitutional checks and balances, or just trying to understand what happens next in this chaotic political moment, this episode gives you the insider analysis you need.
On this episode of The Federalist Radio Hour, James Rosen, chief Washington correspondent for Newsmax and author of Scalia: Supreme Court Years 1986-2001, joins Federalist Staff Writer Shawn Fleetwood to discuss how Justice Antonin Scalia's time on the Supreme Court reoriented the nation towards originalism and fundamentally transformed the high bench forever.You can find Rosen's book here: https://www.betterworldbooks.com/product/detail/scalia-supreme-court-years-1986-to-2001-9781510786912/newThe Federalist Foundation is a nonprofit, and we depend entirely on our listeners and readers — not corporations. If you value fearless, independent journalism, please consider a tax-deductible gift today at TheFederalist.com/donate. Your support keeps us going.
The Constitution isn't just a statement of ideals. It's a framework for power - built to divide authority so that no single institution can fully control the law.But that design has a consequence: it slows decisions and complicates action. Is that inefficiency a weakness - or the very mechanism that protects liberty?Drawing on his experience at the center of federal rule-making, Harvard Law School's Cass Sunstein explores how these constitutional guardrails actually work, why they were designed to restrain concentrated authority, and what we risk losing when they begin to erode.This isn't abstract theory. It's about the quiet architecture that shapes who can act, and how a system of divided power ultimately protects self-government.
On today's episode of Uncommon Sense with Ginny Robinson, we continue unpacking the devastating revelations found in the Epstein files. What's been exposed isn't just corruption, it's a system that protects powerful criminals while innocent victims are silenced.The facts are very disturbing. There has been absolutely no accountability. And the victims deserve more than headlines and non-answers.We're asking hard questions about leadership, responsibility, and why justice still feels so out of reach. If powerful names are involved, then powerful action must follow. No more silence. No more avoidance. The victims deserve truth, and they deserve justice. NOW.--https://www.bible.com/
On this episode of The Hillsdale College Online Courses Podcast, Jeremiah and Juan discuss the difference between democracy and republicanism before introducing Ronald J. Pestritto. The United States Constitution was designed to secure the natural rights proclaimed in the Declaration of Independence. Signed by Constitutional Convention delegates on September 17, 1787—Constitution Day—it was ratified by the American people and remains the most enduring and successful constitution in history. In this twelve-lecture course, students will examine the political theory of the American Founding and subsequent challenges to that theory throughout American history. Topics covered in this course include: the natural rights theory of the Founding, the meaning of the Declaration and the Constitution, the crisis of the Civil War, the Progressive rejection of the Founding, and the nature and form of modern liberalism. The Framers understood that the “latent causes of faction . . . are sown in the nature of man.” Consequently, the Constitution establishes a number of institutional mechanisms such as representation and separation of powers to control the effects of faction. In so doing, the Constitution improved upon previous models of republican government.See omnystudio.com/listener for privacy information.
On this episode of The Hillsdale College Online Courses Podcast, Jeremiah and Juan discuss the difference between democracy and republicanism before introducing Ronald J. Pestritto. The United States Constitution was designed to secure the natural rights proclaimed in the Declaration of Independence. Signed by Constitutional Convention delegates on September 17, 1787—Constitution Day—it was ratified by the American people and remains the most enduring and successful constitution in history. In this twelve-lecture course, students will examine the political theory of the American Founding and subsequent challenges to that theory throughout American history. Topics covered in this course include: the natural rights theory of the Founding, the meaning of the Declaration and the Constitution, the crisis of the Civil War, the Progressive rejection of the Founding, and the nature and form of modern liberalism. The Framers understood that the “latent causes of faction . . . are sown in the nature of man.” Consequently, the Constitution establishes a number of institutional mechanisms such as representation and separation of powers to control the effects of faction. In so doing, the Constitution improved upon previous models of republican government.See omnystudio.com/listener for privacy information.
Hey folks, imagine this: it's early 2026, and I'm glued to my screen in my Washington D.C. apartment, coffee going cold as the Supreme Court ramps up for what could be the biggest clash yet with President Donald Trump. Just days ago, on January 28th, News4JAX aired a riveting breakdown on Politics & Power, hosted by Bruce Hamilton alongside a constitutional law scholar, dissecting how Chief Justice John Roberts subtly defended the court's independence in his end-of-2025 year-end report. Roberts leaned hard on history over politics, but they warned 2026 is the real showdown—cases testing if Trump can unilaterally rewrite citizenship laws, slap massive tariffs worldwide, and even fire Federal Reserve governors like Lisa Cook.Let me take you back a bit. Trump's second term kicked off January 20, 2025, and he hit the ground running with executive orders that shook everything up. By February and April, he'd unleashed tariffs on imports from nearly every country—10 to 50 percent reciprocal hits, tweaking them for toys from China or steel from Europe. Two Illinois companies, Learning Resources, Inc., and hand2mind, Inc., weren't having it. They sued in the United States District Court for the District of Columbia, claiming the International Emergency Economic Powers Act, or IEEPA, doesn't give the president carte blanche for unlimited tariffs. The district court sided with them in May, issuing a preliminary injunction. The Court of International Trade echoed that without the injunction, and by August, the United States Court of Appeals for the Federal Circuit shot down Trump's appeal. Boom—the Supreme Court grabbed it for expedited review, hearing oral arguments on November 5, 2025, right in the thick of their term that started October 6.SCOTUSblog's been all over it, noting the justices are in winter recess now, not back on the bench until February 20. That's when we might get the tariffs ruling—unless they drop it early like they did with Trump v. Anderson in 2024, zipping out a decision before Super Tuesday primaries. Trump's fighting tooth and nail, calling the stakes massive for America's economy.But tariffs are just the appetizer. There's Trump v. Barbara, straight from Oyez, challenging Executive Order No. 14,160 that aims to gut birthright citizenship—can he really end it by fiat? Then there's the Lisa Cook drama. Trump tried firing the Federal Reserve Governor over alleged mortgage fraud, claiming dual primary residences in D.C. and Atlanta. Lower courts blocked it, saying no full hearing yet, and the Supreme Court agreed across ideologies: Cook stays put until it's sorted. The Ninth Circuit's National TPS Alliance v. Noem ruling ties in too—Trump's team, with Homeland Security Secretary Kristi Noem confirmed January 25, 2025, moved fast to vacate Haiti's Temporary Protected Status extension set to expire August 2025.And don't get me started on Kilmar Orega or those nationwide injunctions Trump hates—judges in far-off districts halting his policies for the whole U.S. without everyone getting a say. Britannica lists these as marquee 2025-26 term battles: Learning Resources v. Trump, plus Chiles v. Salazar, Louisiana v. Callais, Little v. Hecox—all probing separation of powers. Experts on that News4JAX show predict Trump might lose big on delegation doctrine; Congress, not the president, sets agency rules. It's midterm election year, Trump's termed out, politically weaker—courts historically push back harder then. The Supreme Court's legitimacy hangs in the balance, walking that tightrope between executive muscle and judicial check.Whew, listeners, what a whirlwind these past days. From tariff showdowns to citizenship overhauls, Trump's vision collides head-on with the robes in black. Thanks for tuning in—come back next week for more. This has been a Quiet Please production, and for more, check out Quiet Please Dot A I.Some great Deals https://amzn.to/49SJ3QsFor more check out http://www.quietplease.aiThis content was created in partnership and with the help of Artificial Intelligence AI
This is the sixth episode of our ongoing series breaking down the U.S. Constitution.This month, Roman and Elizabeth discuss Article III, which establishes the judicial branch, alongside New York Times chief legal affairs correspondent, Adam Liptak. Subscribe to SiriusXM Podcasts+ to listen to new episodes of 99% Invisible ad-free and a whole week early. Start a free trial now on Apple Podcasts or by visiting siriusxm.com/podcastsplus. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Is the Federal Reserve's independence a pillar of democracy or a convenient shield that allows elected officials to duck their responsibilities? This week on Capitalisn't, we confront a shift in Washington after the Justice Department served subpoenas on the Fed. Joining the conversation is Former Deputy Governor of the Bank of England, Sir Paul Tucker, who complicates the definition of central bank autonomy. If monetary policy is a "latent instrument of taxation," should it be shielded from the King—the executive branch—and reclaimed by the legislature? We explore the provocative argument that the Fed has become dangerously wary of its relationship with Congress, acting as a self-governing entity rather than a delegated authority. Does the U.S. model, where the Fed defines its own version of price stability, explain the accountability gap we see when supervisory failures like the SVB collapse result in zero consequences for leadership?Finally, we address an unsettling mystery regarding the global financial system. If Fed independence is truly degrading, why are the markets so strangely sanguine? Are global investors simply anesthetized by the AI boom, or does the dollar's global monopoly allow the U.S. to decay without paying an immediate price? We debate whether the market has ceased to be a barometer for institutional health and instead become a tool for protecting shareholder rents—failing to interpret a "catastrophic forecast" until it is already too late.Tucker is also the author of "Unelected Power: The Quest for Legitimacy in Central Banking and the Regulatory State" & "Global Discord: Values and Power in a Fractured World Order". Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Former U.S. attorney and MSNBC legal analyst Joyce Vance discusses the changes in federal separation of powers and her book "Giving Up Is Unforgivable: A Manual for Keeping a Democracy."
The Supreme Court recently heard oral argument in Learning Resources v. Trump, a case examining the scope of presidential authority under the International Emergency Economic Powers Act (IEEPA) and its use to impose tariffs. This program will break down the argument, highlight how the Justices probed IEEPA’s limits, and discuss what the Court’s decision may mean for executive power, trade policy, and the future deployment of emergency economic tools. Featuring:Prof. Jonathan H. Adler, Tazewell Taylor Professor of Law, William & Mary Law SchoolAdam White, Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School's C. Boyden Gray Center for the Study of the Administrative State
Join me for a high-stakes, one-on-one discussion with Dr. Richard Haass, President Emeritus of the Council on Foreign Relations and a leading voice on MSNBC's Morning Joe, as we break down the world's most urgent flashpoints.
This is the third episode of our ongoing series breaking down the U.S. Constitution.This month, Roman and Elizabeth dive into Article One, Sections 8 through 10, which spells out what Congress can and cannot do. They unpack everything from the Commerce Clause to the taxing and spending powers, the Necessary and Proper Clause, and even a few long-forgotten quirks like letters of marque and reprisal.Then, Senator Elizabeth Warren joins to talk about Congress's “power of the purse,” how it's being challenged under President Trump, and what it means for the balance of power between the legislative and executive branches.San Francisco! Come to a screening of Drop Dead City followed by a conversation with Roman on Monday, Nov 3. Info and tickets. Subscribe to SiriusXM Podcasts+ to listen to new episodes of 99% Invisible ad-free and a whole week early. Start a free trial now on Apple Podcasts or by visiting siriusxm.com/podcastsplus. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Jim Comey and his legal team have filed their motions to dismiss his charges on selective and vindictive prosecution grounds, and Comey and Letitia James have filed motions to disqualify Lindsey Halligan.Marco Rubio gave El Salvador US government cooperators in exchange for use of their CECOT Prison.Jack Smith goes to paper in a letter to Chuck Grassley and Jim Jordan about potential Congressional testimony, and the Republican mischaracterization of his work.Trump is seeking $230M from his allies in the Justice Department as compensation for the criminal cases against him.Plus listener questions…Do you have questions for the pod? Follow AG Substack|MuellershewroteBlueSky|@muellershewroteAndrew McCabe isn't on social media, but you can buy his book The ThreatThe Threat: How the FBI Protects America in the Age of Terror and TrumpWe would like to know more about our listeners. Please participate in this brief surveyListener Survey and CommentsThis Show is Available Ad-Free And Early For Patreon and Supercast Supporters at the Justice Enforcers level and above:https://dailybeans.supercast.techOrhttps://patreon.com/thedailybeansOr when you subscribe on Apple Podcastshttps://apple.co/3YNpW3P Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Presidential power has expanded far beyond what the framers of the Constitution envisioned. From Lincoln and Roosevelt to Nixon and Trump, presidents have pushed the limits of executive authority — often during moments of crisis. Understanding this history is key to understanding what comes next for American democracyIn this episode, host Simone Leeper speaks with American historians Douglas Brinkley and Rick Perlstein, CLC Executive Director Adav Noti and Juan Proaño, CEO of LULAC. In conversation, they trace how the presidency has gathered sweeping power over time; what happens when oversight of this executive power breaks down; and what legal, legislative and civic reforms could restore accountability, prevent presidential overreach and safeguard the constitutional separation of powers that defines the United States.Timestamps:(00:05) — Why were federal troops deployed in Los Angeles?(05:11) — Can the president legally invoke emergency powers?(07:31) — How did the Founders limit presidential authority?(09:14) — When did executive orders begin to expand presidential power?(10:25) — How did FDR and later presidents redefine the presidency?(13:04) — What did Nixon's “If the president does it, it's not illegal” comment really mean?(15:22) — What are the origins of the so-called unitary executive theory?(18:21) — How are checks and balances failing?(19:42) — Is America sliding toward authoritarianism?(27:57) — How is Campaign Legal Center fighting unlawful presidential overreach through litigation?(30:00) — Why does birthright citizenship matter for American democracy?(33:13) — What can be done to stop abuses of presidential authority?Host and Guests:Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor's degree in political science from Columbia University in 2016.Juan Proaño is an entrepreneur, technologist and business leader who is active in civic affairs, social impact, and politics He has served as the League of United Latin American Citizens (LULAC) Chief Executive Officer (CEO) since November 2023. As LULAC's CEO, Juan oversees the day-to-day operations at LULAC; identifies strategic growth areas; and works to amplify the organization's advocacy initiatives and action-oriented programs.Rick Perlstein is an American historian, writer and journalist who has garnered recognition for his chronicles of the post-1960s American conservative movement. He is the author of five bestselling books. Perlstein received the 2001 Los Angeles Times Book Award for History for his first book, Before the Storm: Barry Goldwater and the Unmaking of the American Consensus, and appeared on the best books of the year lists of The New York Times, The Washington Post and the Chicago Tribune. His essays and book reviews have been published in The New Yorker, The New York Times, The Washington Post, The Nation, The Village Voice and Slate, among others. A contributing editor and board member of In These Times magazine, he lives in Chicago.Douglas Brinkley is the Katherine Tsanoff Brown Chair in Humanities and Professor of History at Rice University, CNN Presidential Historian and a contributing editor at Vanity Fair. He works in many capacities in the world of public history, including on boards, museums, colleges and historical societies. The Chicago Tribune dubbed him “America's New Past Master.” The New York Historical has chosen Brinkley as their official U.S. Presidential Historian. His recent book Cronkite won the Sperber Prize, while The Great Deluge: Hurricane Katrina, New Orleans and the Mississippi Gulf Coast received the Robert F. Kennedy Book Award. He has received a Grammy Award for Presidential Suite and seven honorary doctorates in American Studies. His two-volume annotated The Nixon Tapes recently won the Arthur S. Link – Warren F. Kuehl Prize. He is a member of the Century Association, Council of Foreign Relations and the James Madison Council of the Library of Congress. He lives in Austin, Texas, with his wife and three children.Adav Noti coordinates all of Campaign Legal Center's operations and programmatic activities, overseeing CLC's efforts to protect elections, advance voter freedom, fix the campaign finance system, ensure fair redistricting and promote government ethics. Adav has conducted dozens of constitutional cases in trial and appellate courts and the United States Supreme Court. He also advises members of Congress and other policymakers on advancing democracy through legislation. Prior to joining CLC, Adav served for more than 10 years in nonpartisan leadership capacities within the Office of General Counsel of the Federal Election Commission, and he served as a Special Assistant United States Attorney for the District of Columbia. Adav regularly provides expert analysis for television, radio and print journalism.Links: Voting Is an American Freedom. The President Can't Change That – CLC What Are Executive Orders and How Do They Work? – CLC The Significance of Firing Inspectors General: Explained – CLC CLC's Kedric Payne on Trump's Brazen Removal of Nation's Top Ethics Official – CLC The Justice Department Is In Danger Of Losing Its Way Under Trump – CLC It's almost Inauguration Day. Will there be any checks on Trump's power? – Trevor Potter op-d in The Hill Amidst the Noise and Confusion – Trevor Potter's newsletter Understanding Corruption and Conflicts of Interest in Government | Campaign Legal Center – CLC CLC Sues to Stop Elon Musk and DOGE's Lawless, Unconstitutional Power Grab | Campaign Legal Center – CLC Trump's Executive Orders 2025 – Federal Register Preserving and Protecting the Integrity of American Elections (Trump's EO on voting) – The White House Defending the Freedom to Vote from the Trump Administration's Unconstitutional Presidential Overreach (LULAC, et al. v. Executive Office of the President) – CLC CLC Sues to Block Trump Administration's Illegal Election Overreach – CLC Victory! Anti-Voter Executive Order Halted in Court – CLC Understanding the election tech implications in the Trump Administration's executive order – Verified Voting Independent Agencies Must Remain Independent – CLC Can President Trump Do That? – CLC Why Birthright Citizenship Is an Essential Part of Our Democracy – CLC Authoritarianism, explained – Protect Democracy The Authoritarian Playbook – Protect Democracy U.S. Supreme Court Significantly Limits Restraints on Unconstitutional Presidential Actions – CLC Reconciliation Bill Passes the Senate Without Two Dangerous Provisions: Campaign Legal Center Reacts – CLC The “Self-Evident” Case for Opposing Tyranny – Trevor Potter's Newsletter White House Eyes Rarely Used Power to Override Congress on Spending – NY TimesAbout CLC:Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization dedicated to solving the wide range of challenges facing American democracy. Campaign Legal Center fights for every American's freedom to vote and participate meaningfully in the democratic process. Learn more about us.Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Todd breaks down the weekend's “No Kings” protests and explains what a monarchy really is—then contrasts it with America's constitutional republic. From the Declaration and consent of the governed to separation of powers and Federalist 51, he lays out why executive authority isn't a throne. Todd also addresses claims that Trump wants to be a king, the AI “crown” meme, and how checks and balances work when courts, Congress, and the White House collide. Plus: a commonsense look at border security, why moral character matters in self-government, and where we are on Day 20 of the Schumer shutdown—all in the signature Conservative Not Bitter style.
Friday, October 17th, 2025Today, John Bolton has been indicted on 18 counts of transmission and retention of national defense information under the Espionage Act; a 7th Circuit panel unanimously upholds the order blocking the National Guard deployment to Chicago; a federal judge orders ICE in Chicago to have body worn cameras because they're violating her previous court order; the House Oversight Committee demands Pam Bondi explain the transfer of Ghislaine Maxwell by October 30th; the new Oklahoma schools superintendent rescinds the mandate for Bible instruction in schools; Trump orders the IRS to go after Democratic non profits; a Florida judge has blocked the transfer of land in Florida for the Trump Presidential Library; the Supreme Court is poised to further curtail the Voting Rights Act; and Allison and Dana deliver your Good News.Thank You, CBDistilleryUse promo code DAILYBEANS at CBDistillery.com for 25% off your purchase. Guest: John FugelsangTell Me Everything - John Fugelsang, The John Fugelsang Podcast, John Fugelsang - Substack, @johnfugelsang.bsky.social - Bluesky, @JohnFugelsang -TwitterSeparation of Church and Hate by John Fugelsang - OUT NOW!Upcoming Live Dates - OCT 8 Special Event | Zanies Chicago Comedy Club, The Nation Cruise - Guest Speakers, 2025 National Convention OCT 18 - Freedom From Religion Foundation, Separation of Church & Hate book tour NOV 12 - Union StageAG will be at NO KINGS II October 18 10am-2pm - San DiegoCongratulations To Dana! The 2025 Out100: Dana GoldbergStoriesFlorida judge temporarily blocks transfer of downtown Miami land for Trump's presidential library | AP NewsJohn Bolton is indicted for allegedly keeping and sharing classified information | POLITICORanking Member Robert Garcia Demands Pam Bondi Stop the White House Epstein Cover-Up; Explain Maxwell Prison Transfer | The Committee on Oversight and Accountability DemocratsUS Supreme Court weighs 'earthquake' ruling on Voting Rights Act | BBCTrump Team Plans IRS Overhaul to Enable Pursuit of Left-Leaning Groups | WSJGood TroubleAttend A No Kings Rally Near You on Saturday. Let's Make History.NoKings.org**California! YOU have your prop 50 ballots. Fill them out and return them ASAP.Yes On Prop 50 | CA Special Election Phone Banks - mobilize.us**October 20 Deadline -Petition of America First Legal Foundation for Rulemaking**October 18 - NoKings.org**Vote Yes 836 - Oklahoma**How to Organize a Bearing Witness Standout**Fire Kilmeade - foxfeedback@foxnews.com, Requests - Fox News**Indiana teacher snitch portal - Eyes on Education**Find Your Representative | house.gov, Contacting U.S. SenatorsFrom The Good NewsNoKings.orgMedia Room | Transportation Security Administrationposemedollpatterns.etsy.com?coupon=BEANSHealthy School Meals for All - CO Department of EducationProposition MM: Increase taxes for free school meals and food assistance, explainedAdopt – Big Bones Canine Rescue(Mark your calendar for November 14th, 2025 - Chicago, Illinois - Dana)Our Donation LinksNational Security Counselors - DonateMSW Media, Blue Wave California Victory Fund | ActBlueWhistleblowerAid.org/beansFederal workers - email AG at fedoath@pm.me and let me know what you're going to do, or just vent. I'm always here to listen. Find Upcoming Actions 50501 Movement, No Kings.org, Indivisible.orgDr. Allison Gill - Substack, BlueSky , TikTok, IG, TwitterDana Goldberg - BlueSky, Twitter, IG, facebook, danagoldberg.comMore from MSW Media - Shows - MSW Media, Cleanup On Aisle 45 pod, The Breakdown | SubstackReminder - you can see the pod pics if you become a Patron. The good news pics are at the bottom of the show notes of each Patreon episode! That's just one of the perks of subscribing! patreon.com/muellershewrote Our Donation LinksNational Security Counselors - DonateMSW Media, Blue Wave California Victory Fund | ActBlueWhistleblowerAid.org/beansFederal workers - feel free to email AG at fedoath@pm.me and let me know what you're going to do, or just vent. I'm always here to listen. Find Upcoming Actions 50501 Movement, No Kings.org, Indivisible.orgDr. Allison Gill - Substack, BlueSky , TikTok, IG, TwitterDana Goldberg - BlueSky, Twitter, IG, facebook, danagoldberg.comCheck out more from MSW Media - Shows - MSW Media, Cleanup On Aisle 45 pod, The Breakdown | SubstackShare your Good News or Good TroubleMSW Good News and Good TroubleHave some good news; a confession; or a correction to share?Good News & Confessions - The Daily Beanshttps://www.dailybeanspod.com/confessional/ Listener Survey:http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=shortFollow the Podcast on Apple:The Daily Beans on Apple PodcastsWant to support the show and get it ad-free and early?The Daily Beans | SupercastThe Daily Beans & Mueller, She Wrote | PatreonThe Daily Beans | Apple Podcasts Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
The Supreme Court's new term is loaded with big questions and Law Talk is on the cases: transgender athletes and Title IX, presidential power to fire officials (even at the Fed), race-based redistricting, free speech and “conversion therapy,” and Trump's use of emergency powers to impose tariffs. From constitutional originalism to modern political realities, the trio debate what's at stake for the Court — and for the country.
The Supreme Court's new term is loaded with big questions and Law Talk is on the cases: transgender athletes and Title IX, presidential power to fire officials (even at the Fed), race-based redistricting, free speech and “conversion therapy,” and Trump's use of emergency powers to impose tariffs. From constitutional originalism to modern political realities, the trio debate […]
HEADLINE: Supreme Court Battles Over Presidential Impoundment Authority and the Separation of Powers GUEST NAME: Josh Blackman SUMMARY: John Batchelor speaks with Josh Blackman about Supreme Court eras focusing on the separation of powers. Currently, the court is addressing presidential impoundment—the executive's authority to withhold appropriated funds. Earlier rulings, particularly 1975's Train v. City of New York, constrained this power. The Roberts Court appears sympathetic to reclaiming presidential authority lost during the Nixon era. The outcome of this ongoing litigation will determine the proper balance between executive and legislative branches. 1876 SCOTUS
HEADLINE: Supreme Court Battles Over Presidential Impoundment Authority and the Separation of Powers GUEST NAME: Josh Blackman SUMMARY: John Batchelor speaks with Josh Blackman about Supreme Court eras focusing on the separation of powers. Currently, the court is addressing presidential impoundment—the executive's authority to withhold appropriated funds. Earlier rulings, particularly 1975's Train v. City of New York, constrained this power. The Roberts Court appears sympathetic to reclaiming presidential authority lost during the Nixon era. The outcome of this ongoing litigation will determine the proper balance between executive and legislative branches.
The foundation of our democracy is the Constitution, a system of checks and balances and the rule of law. But today, those cornerstones are being blatantly disrespected by a presidential administration attempting to consolidate power at all costs..In this episode, host Simone Leeper is joined by Campaign Legal Center litigators Anna Baldwin and Brent Ferguson. They examine the most pressing examples of the erosion of the rule of law, from the politicization of the Department of Justice to the stifling of free speech. Along the way, they highlight how Congress and the courts have failed as effective checks — leaving civil society and citizens to defend constitutional principles — and explore the reforms that could restore accountability, protect the rule of law and strengthen democracy against threats. Timestamps:(00:05) — Why is free speech under attack in the U.S.?(03:50) — How is political opposition being falsely linked to political violence?(05:38) — Why is deploying federal troops in U.S. cities a threat to democracy?(09:50) — How are Congress and the courts failing to check presidential abuses of power?(15:09) — How has the DOJ been transformed into a political tool?(20:17) — Why is the Voting Rights Act no longer being enforced?(21:17) — What's at stake with the DOJ's demand for voter data?(27:27) — How is CLC challenging unlawful executive orders?(32:30) — What reforms are needed to restore checks and balances?Host and Guests:Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor's degree in political science from Columbia University in 2016.Anna Baldwin is a member of Campaign Legal Center's voting rights team working to protect the freedom to vote, litigating cases in state and federal courts, from filing through appeal to the Supreme Court. Prior to joining CLC, Anna spent 14 years in the Civil Rights Division of the U.S. Department of Justice. In North Carolina State Conference of the NAACP v. McCrory, Anna led briefing and appellate argument for the United States to overturn a North Carolina law that purposefully restricted voting and registration opportunities for Black voters in violation of Section 2 of the Voting Rights Act. Anna was also a member of the trial team that successfully challenged Texas's racially discriminatory voter ID law. Anna has argued eighteen cases before the federal courts of appeal, including four en banc cases. Previously, Anna was an associate in the Washington D.C. office of Jenner & Block LLP, and clerked for Judge James Robertson on the U.S. District Court for the District of Columbia, and for Judge M. Blane Michael on the U.S. Court of Appeals for the Fourth Circuit.Brent Ferguson leads Campaign Legal Center's strategic litigation team, focusing on anti-authoritarianism and litigating in all areas of election law. Brent has worked on protecting and improving our democracy for most of his career. At CLC, he has led litigation teams challenging state and federal laws and policies that seek to unlawfully purge voters, limit voter registration activity and otherwise prevent Americans from exercising their constitutionally protected rights. He has authored academic articles on election law and other constitutional issues in the Washington Law Review, the Cornell Journal of Law & Public Policy, the Emory Law Journal Online and elsewhere. Before coming to CLC, Brent was senior counsel at the National Redistricting Foundation, where he helped develop strategy for federal and state redistricting litigation. For four years, he served as counsel at the Brennan Center for Justice, focusing on campaign finance reform and working on a broad range of other democracy issues. He was also an assistant district attorney in the Manhattan District Attorney's office, where he litigated appeals of public corruption convictions. He clerked for Judge Michael Chagares of the U.S. Court of Appeals for the Third Circuit and Judge Jeffrey Miller of the U.S. District Court for the Southern District of California.Links:Taking Action Against Presidential Abuses of Power | Campaign Legal CenterAbout CLC:Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization dedicated to solving the wide range of challenges facing American democracy. Campaign Legal Center fights for every American's freedom to vote and participate meaningfully in the democratic process. Learn more about us.Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this episode of Passing Judgment, Jessica breaks down the Trump administration's move to federalize the National Guard in Oregon amid Portland protests. She explains Oregon's lawsuit against the federal government, outlining key arguments such as the improper use of federal authority, possible violations of the Posse Comitatus Act, and state sovereignty issues. Jessica evaluates each argument's strength, noting that courts usually defer to presidential discretion in these cases. The episode offers a clear overview of the unfolding legal battle and what's at stake for both state and federal powers.Here are three key takeaways you don't want to miss:1. Federalization of the National Guard in OregonThe episode opens by discussing the Trump administration's decision to federalize the National Guard in Oregon—specifically Portland. This move was made over local objections and parallels previous situations, such as federal intervention during protests in Los Angeles.2. Oregon's Legal Arguments Against FederalizationThe majority of the episode breaks down the legal case Oregon is making in its suit against the federal government.3. Legal Analysis of Oregon's ChancesEach argument is weighed in terms of likely success. The host points out that courts have historically given substantial deference to presidential discretion in these national security and public order matters, making Oregon's position a difficult one.Follow Our Host: @LevinsonJessica
In this episode of Passing Judgment, we delve into the high-stakes legal battle over the attempted removal of Federal Reserve Governor Lisa Cook. Jessica explains the Trump administration's push to fire Cook, the court's decision to reinstate her, and the looming emergency appeal. Tune in as we explore the legal protections for Fed governors, the fight over presidential power, and why this showdown could impact both the central bank's independence and the broader economy.Here are three key takeaways you don't want to miss:Legal Battle Over Federal Reserve Independence: Jessica discusses the attempt by the Trump administration to fire Federal Reserve Governor Lisa Cook. She explains this centers on whether a president can remove a sitting Fed governor and under what circumstances, which is a pivotal question about the independence of the central bank.The Law and Statutory Interpretation: The conversation delves into the Federal Reserve Act, which only allows removal of board members “for cause.” There's debate on what “for cause” means—whether it should be restricted to on-the-job misconduct or include actions before taking office. The district court judge sided with the narrower reading, that it should only pertain to conduct while in office.Due Process and Rights of the Removed Official: A significant part of the discussion is about whether Lisa Cook was given due process. The judge found she likely wasn't given adequate notice or opportunity to respond to the allegations, which could be a violation of her rights.Follow Our Host: @LevinsonJessica
When “War is peace. Freedom is slavery. Ignorance is strength” we are living in an era of alternate facts. Mary and Andrew apply this Orwellian concept to what's happening this week, after President Trump cited section 740 of the Home Rule Act to federalize the DC police force and send in the national guard to the nation's capital. They detail how the president was able to do this and why Congress will be the ultimate arbiter of this move. Then, they highlight some litigation befitting this theme, with Judge Breyer's trial starting this week on the use of the national guard in Los Angeles, and some decisions including not to unseal grand jury testimony in the Ghislaine Maxwell case, plus an Appeals court blocking contempt proceedings in JGG. Last up, Andrew and Mary take a look at Judge Henderson's opinion in the OMB case and why it deserves more attention than it's received. Further reading: Here is President Trump's letter to Congress citing section 740, courtesy of the New York Times.And some exciting news: tickets are on sale now for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
Accountability or weaponization? That's the question Andrew and Mary tackle in their 150th episode together, starting with the distraction of the Office of the Special Counsel's investigation into Jack Smith for possible Hatch Act violations. In other DOJ related matters, they give some context to the Trump administration's continued battle to keep Alina Habba, a Trump ally, as New Jersey U.S. Attorney, just as The Legal Accountability Center filed bar complaints against lawyers who have represented Trump's White House in court. In another sideshow, Andrew and Mary break down what to make of a report on the “Clinton Plan” emails, declassified amid the Epstein controversy. And last up, they detail the decision out of the 9th Circuit Court which upheld a pause on ICE raids in California. Further Reading: Here is the piece Andrew and his colleague Ryan Goodman wrote for Just Security in October 2024: Refuting the Latest Baseless Attacks Against Special Counsel Jack SmithHere is the 9th Circuit Court decision on ICE Raids: Appeal from the United States District Court for the Central District of California And some exciting news: tickets are on sale now for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
If it's customary, it's probably not happening in this Justice Department. Starting with the latest from the Epstein controversy, Andrew and Mary unpack what to make of the two days Deputy Attorney General Todd Blanche spent interviewing Ghislaine Maxwell. This, after a Florida judge denied the release of Epstein grand jury transcripts last Wednesday.And in immigration related news, three decisions came through in the Kilmar Abrego Garcia saga, just as the first claim is filed against the U.S. over one man's deportation to El Salvador without due process. Then, in an eye-popping move, Attorney General Pam Bondi's office filed a misconduct complaint against Judge James Boasberg for “making improper public comments” about the President and his administration. And before wrapping up this week, Mary and Andrew give some context to the former J6 prosecutor who's suing the administration over his abrupt firing.Further Reading: Here is the misconduct complaint filed against Judge Boasberg: Complaint Against United States District Court Chief Judge James E. BoasbergAnd some exciting news: tickets are on sale now for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
Following the emergence of new evidence from messages submitted by the Department of Justice's whistleblower, Erez Reuveni, Andrew and Mary discuss its potential implications for the case of Kilmar Abrego Garcia and the confirmation process of Emil Bove III. They also examine a Southern California ruling to halt immigration stops based on race. On the other coast, they look at a temporary block of Trump's order restricting birthright citizenship—a case where Mary has particular expertise via her role in a related birthright citizenship case: CASA v. Trump. Finally, SCOTUS paves way for mass layoffs of federal workers, and DOJ opens investigations into former FBI Director James Comey and former CIA Director John Brennan.Listener Note: This podcast was recorded several hours before the Supreme Court decision allowing for the dismantling of the Department of Education. Andrew and Mary will discuss on next week's episode.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
This week's episode begins with a Supreme Court decision to allow the deportation of eight migrants to South Sudan without due process, despite it not being their country of origin. And after a comparative review of the new beefed-up ICE budget and what it means for deportation operations moving forward, Andrew and Mary spotlightthe latest from Kilmar Abrego Garcia's civil and criminal cases. Also not to be missed: the newly disclosed letters Attorney General Pam Bondi sent to tech firms assuring them they would not be penalized for supporting TikTok operations in the US, despite a federal ban. Plus: how a pardoned J6 defendant received a life sentence for plotting to kill the agents who investigated him, and what led to FBI agent Michael Feinberg's forced resignation.Further reading: Here are the letters sent from Attorney General Pam Bondi to Google, Apple and Amazon, among others. And here is a write up from former FBI agent Michael Feinberg, explaining his coerced resignation. Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
After Friday's Supreme Court ruling to limit nationwide injunctions, Mary and Andrew begin by breaking down what it means for future challenges to executive actions as they make their way through the courts, and what's next for Mary's birthright citizenship case. They also tackle the DHS lawsuit against all federal judges on the district court in Maryland, before reviewing the Justice Department's plans to prioritize cases revoking citizenship—aka ‘denaturalizing' US citizens. This, along with their discussion of ICE targeting migrant workers and using routine traffic stops to check legal status, shines a light on the legal limits of ICE's tactics.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
The United States entered the conflict between Israel and Iran this weekend after bombing three Iranian nuclear sites. Andrew and Mary start this week's episode here, discussing the scope of presidential war powers and the norms of international law following the strikes. After, they shift focus to immigration, zeroing in on a whistleblower complaint from a former DOJ lawyer against Principal Deputy Attorney General Emil Bove among others, as well as the releases of Mahmoud Khalil and Kilmar Abrego Garcia. And after a nod to the Supreme Court's decision on removing immigrants to countries other than their own, Mary and Andrew touch on the 9th Circuit decision allowing Trump to retain control of the California National Guard, and what happens next.Further reading: Here is the compliant from the Justice Department whistleblower (courtesy New York Times): Protected Whistleblower Disclosure of Erez Reuveni Regarding Violation of Laws, Rules & Regulations, Abuse of Authority, and Substantial and Specific Danger to Health and Safety at the Department of Justice and here is more on the dissent from the Supreme Court's recent decision: Supreme Court allows Trump to swiftly deport certain immigrants to 'third countries'Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.