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We the People

The Constitutional Bounds of Executive Action

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 20 August 2020

⏱️ 51 minutes

🧾️ Download transcript

Summary

President Trump recently signed several executive actions and, in doing so, some have argued the president overstepped his constitutional authority and infringed on congressional power. This week’s episode considers those claims in regards to the president's recent actions on coronavirus crisis relief, the post office, and more. It also examines how presidential power has grown over time, how we think about the three branches and the “political” Constitution versus the legal one, and more. Constitutional and administrative law experts Adam White and David Super join host Jeffrey Rosen.  Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center and welcome to We

0:09.3

the People, a weekly show of constitutional debate.

0:12.6

The National Constitution Center is a nonpartisan nonprofit

0:16.1

chartered by Congress to increase awareness and understanding of the Constitution

0:20.7

among the American people. President Trump recently signed four executive actions related to COVID-19 relief.

0:30.0

And some have argued that in issuing these orders and memoranda, the president overstepped his constitutional authority.

0:37.0

Today we'll dive into whether or not these actions were legal or constitutional, with two of America's leading experts on constitutional and

0:46.6

administrative law.

0:48.2

Adam White is an assistant professor of law at George Mason University's Antonin Scalia Law School, where he also directs the

0:55.1

C Boyd and Gray study for the center of the administrative state.

0:58.8

He's also a research fellow at Stanford University's Hoover Institution and a public member of the

1:03.6

Administrative Conference of the United States. He co-wrote an article for

1:07.1

National Review with Yuval Levin on the recent executive actions called

1:11.0

the Return of Penn and phone constitutionalism.

1:15.1

Adam, it's great to have you back on the show.

1:17.6

Thanks, Jeff. It's so great to be here.

1:19.7

And David Supper is Carmack Waterhouse Professor of Law and Economics at Georgetown Law,

1:25.3

where his research focuses on administrative law, constitutional law, legislation, and more.

1:31.1

His piece, inadequate, unworkable, and more. His piece, Inadequate, Unworkable, and Unlawful,

1:35.0

The Trump Unemployment Aid Program is available on the Balkanization blog.

1:40.0

David, thank you so much for joining me.

1:42.0

Thanks for having me.

...

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