'The President Who Would Not Be King'
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 26 January 2021
⏱️ 56 minutes
🧾️ Download transcript
Summary
Jack Goldsmith sat down with Michael McConnell, the Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford Law School, a senior fellow at the Hoover Institution and the author of the new book, "The President Who Would Not Be King: Executive Power Under the Constitution." They discussed McConnell's textual historical approach to interpreting presidential power under Article II of the U.S. Constitution, the many novel elements of executive power embodied in Article II and the proper understanding of Article II's Vesting Clause. They also talked about contemporary implications of his reading of Article II for war powers, the unitary executive and late impeachments.
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Transcript
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| 0:00.0 | The following podcast contains advertising to access an ad-free version of the LawFair |
| 0:07.2 | podcast become a material supporter of LawFair at patreon.com slash LawFair. |
| 0:14.7 | That's patreon.com slash LawFair. |
| 0:18.2 | Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair |
| 0:25.6 | no bull and the aftermath. |
| 0:34.0 | It is true that there were a variety of little skirmishes like chasing punch of via across |
| 0:41.5 | the Mexican border and gunboat diplomacy and very small matters, but there really wasn't |
| 0:48.8 | a full scale war what we all call a war fought without a congressional authorization until |
| 0:56.4 | Korea. |
| 0:57.7 | And I think that they counted on the appropriation power. |
| 1:02.3 | We know they did, at least forgetting out because there was a little part of the debate in |
| 1:08.0 | which Guviner Morris believed that Congress needed to be given a formal power to get out |
| 1:13.6 | of the war because he described cutting off appropriations as a disagreeable method, disagreeable |
| 1:21.7 | of course because it means you have fighting men out there in the middle of a war who |
| 1:25.9 | suddenly don't have the bullets to shoot with. |
| 1:30.3 | But I don't think you can blame the framers for things that work extremely well for 150 |
| 1:35.7 | years. |
| 1:37.4 | I'm Jack Goldsmith and this is the LawFair podcast January 26, 2021. |
| 1:44.1 | I sat down with Michael McConnell, Richard and Francis Mallory Professor and director of |
| 1:48.9 | the Constitution Law Center at Sanford Law School, a senior fellow at the Hoover Institution, |
| 1:54.5 | and the author of the new book, The President Who Would Not Be King, Executive Power Under |
| 1:59.0 | the Constitution. |
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