65. Is Trump Stretching Article 2 Of The Constitution?

President Donald Trump is blazing a trail to strengthen executive power in the federal government. But is he stretching Article 2 of the Constitution along the way?

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About The Episode:

On this episode, Marc discusses how President Donald Trump is blazing a trail to strengthen executive power in the federal government. But is he stretching Article 2 of the Constitution along the way?

Key Takeaways:  

The founders did not intend co-equal branches of government.

While they wanted a powerful executive, they wanted Congress to hold the most power.

Over time, Congress has ceded power to the executive branch.

A bureaucracy has emerged over the years as well that holds great sway over decisions.

Trump believes the executive branch has become too weak and is controlled by agency bureaucracies.

He believes in the unitary executive theory.

In his first two months he has sought to assert executive power in many areas.

FDR and Nixon also asserted executive power with some success and some failure. They are parallels here to what Trump is doing.

What Trump is trying to do is not entirely unreasonable, but how he is doing it and how quickly he is proceeding is cause for worry.

Courts have increasingly sided against agencies’ power and been open to some aspects of Trump’s arguments on executive power. He will win some court battles.

But courts likely will also strike down some of the more adventurous aspects of Trump’s efforts, especially impoundment or reducing/zeroing out congressional appropriations.

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