Battle of the Branches

In this kickoff episode of Battle of the Branches, Professor Will Baude explores the evolving power of the executive branch and asks whether Congress and the states still serve as meaningful checks. Joined by Professor Bridget Fahey and Associate Professor Ruth Bloch Rubin, the conversation dives into federalism, legislative oversight, and the real dynamics behind the separation of powers today.

The latest installment of the ‪@BattleoftheBranches‬ series, this episode asks: Today it may seem to some people like we are seeing unprecedented conflicts with the executive branch. But are they really unprecedented? What have been the major past conflicts over federal power, or executive power (Jackson? Johnson? 20th Century?)? How did those conflicts change the country? Do they give us perspective on the conflicts today?

What is the scope of the President’s power over war and foreign policy? Are there any internal constraints – legal, political, institutional – on the President’s behavior toward other countries? Does the executive’s ability to operate in secret allow it to evade these potential constraints? Have these dynamics changed over time, and if so, why?

What are the threats to the norms and institutions of democracy, whether in America or around the world? When democracies weaken or die, does it happen suddenly or gradually? What are the first changes we might see? What are the causes? And what, if anything, can democracies do to stop it?