The Unchecked Presidency: When One Branch Rules Them All (w/ Professor Daniel Farber)

Deep Dive with Shawn C. Fettig

Could the American system of checks and balances crumble under a second Trump presidency? In this episode Berkeley Law Professor Daniel Farber, co-director of the Edley Center on Law and Democracy, joins the pod to discuss the complexities of executive authority in the U.S. government. From emergency powers initially crafted for crisis management to the potential overreach encouraged by figures such as Mitch McConnell and Mike Johnson, we explore how these dynamics could fundamentally alter the balance of power established by the Constitution.
We examine the constitutional framework intended to keep presidential power in check, focusing on the evolving roles of Congress and the judiciary. And, we focus on how party loyalty often clashes with institutional accountability, and how mechanisms like congressional funding and public opinion serve as crucial, yet sometimes faltering, counterbalances to executive overreach. Through critical historical examples and current events, we examine the pressing need for strengthening these checks and balances to prevent authoritarian tendencies.
In this episode, we also scrutinize the strategies presidents might employ to extend their influence through appointments and executive orders, challenging the Senate's advisory role. The ease with which democratic norms can be undermined by unchecked presidential actions raises significant concerns about the erosion of civil rights and the potential rise of authoritarianism. And, how the system might respond, and even fail, under the pressures of a President Trump determined to consolidate power.

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1. The Expansion of Executive Power (00:00:00)

2. Presidential Power and Institutional Loyalty (00:06:01)

3. Potential Constitutional Limits on Presidential Power (00:17:41)

4. Executive Emergency Powers and Potential Abuses (00:24:18)

5. Presidential Power and Senate Appointments (00:31:55)

6. The Rise of Authoritarianism (00:44:44)