Feb 13 2025 60 mins 66
Despite the kerfuffle that President Trump is initiating a Constitutional crisis, the confusion and frustration surrounding his executive actions fit within a fairly common modern trend: Congress’s institutional inaction leaves a power vacuum which the president sets out to fill. In anticipation of the Supreme Court weighing in, Henry sits down with the inestimable John Yoo to discuss the larger constitutional questions that Trump’s test cases are likely to settle. Tune in for a refresher on the distinction between the separation of powers and checks and balances; an explanation of the unitary executive theory; and considerations on how justices may come down on the decisions that will be put before them.
