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Executive Functions Chat

Bob Bauer and Jack Goldsmith
Trump Administration
Supreme Court
Donald Trump
Habeas Corpus
Paul Weiss
Universal Injunctions
Jenner & Block
Executive Orders
Alien Enemy Act
Birthright Citizenship
Congress
Trump Administration Orders
Law Firms
U.S. Supreme Court
Corruption
United States Constitution
Stephen Miller
Federalist Society
Immigration Policy
Department Of Justice

Bob Bauer and Jack Goldsmith discuss news about the presidency. www.execfunctions.org

PublishesWeeklyEpisodes48Foundeda year ago
Number of ListenersCategories
PoliticsNewsGovernment

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Artwork for Executive Functions Chat

Latest Episodes

In light of President Trump’s recent threats to withdraw the United States from the North Atlantic Treaty, Jack chats with Professor Curtis Bradley of the University of Chicago Law School about whether Trump has the authority to do so. They discuss t... more

Bob and Jack chat about the war with Iran and Congress’s response. They discuss Congress’s failed efforts to halt the conflict, an emerging proposal for a constrained authorization of force, and the Trump administration’s limited engagement with lawm... more

Jack speaks with Cass Sunstein, the Robert Walmsley University Professor at Harvard Law School, about his new book, Separation of Powers: How to Preserve Liberty in Troubled Times. They discuss why the executive is the most dangerous branch of govern... more

In light of the U.S. attacks on Iran over the weekend, Jack speaks with Elizabeth Sherwood-Randall, former White House Homeland Security Advisor, about how the U.S. government would normally prepare for domestic threats during periods of heightened r... more

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Recent Guests

Cass Sunstein
Professor and author of Separation of Powers, How to Preserve Liberty in Troubled Times
Harvard Law School
Episode: The Most Dangerous Branch
Elizabeth Sherwood-Randall
Senior Fellow at the Harvard Kennedy School's Belfer Center; former White House Homeland Security Advisor
Harvard Belfer Center
Episode: Homeland Security in a Time of War with Iran
Matthew Seligman
Fellow at the Constitutional Law Center at Stanford; filed amicus brief opposing tariffs, represents importers seeking refunds
Stanford Constitutional Law Center
Episode: The Tariff Refund Problem
Richard Ekins
Professor of Law and Constitutional Government at Oxford, head of the Judicial Power Project at Policy Exchange
Oxford University
Episode: Richard Ekins on Diego Garcia and the Chagos Islands Dispute
Sai Prakash
Professor of Law at the University of Virginia Law School
University of Virginia Law School
Episode: Sai Prakash on the Pardon Power from the Founding to Trump
Professor Chris Mirasola
Professor of Law at the University of Houston Law Center
University of Houston Law Center
Episode: The President's Protective Power
Alan Z. Rozenshtein
Professor at the University of Minnesota Law School
University of Minnesota Law School
Episode: Executive Power in the Age of Artificial Intelligence
Walter Stahr
Historian and author working on a biography of William Howard Taft
Episode: A President Who Advocated for Limits on Executive Authority
Anne Joseph O'Connell
Leading scholar in administrative law from Stanford Law School
Stanford Law School
Episode: Anne Joseph O'Connell on the New Jersey U.S. Attorney Matter

Hosts

Jack Goldsmith
Co-host, discussing presidential news and policy with guest experts; affiliated with Executive Functions Chat
Bob Bauer
Co-host, discussing presidential news and policy with guest experts; affiliated with Executive Functions Chat

Chart Rankings

How this podcast ranks in the Apple Podcasts, Spotify and YouTube charts.

Apple Podcasts
#194
United States/Government
Apple Podcasts
#237
United Kingdom/Government
Apple Podcasts
#248
Australia/Government
Apple Podcasts
#61
Hong Kong/Government
Apple Podcasts
#127
Denmark/Government
Apple Podcasts
#233
Switzerland/Government

Talking Points

Recent interactions between the hosts and their guests.

The Most Dangerous Branch
Q: What stance do you take on the Major Questions Doctrine, and how should courts treat Congress's authorization when facing significant policy shifts by the president?
There are two views: one that is skeptical of the Major Questions Doctrine as a policy-driven canon, and another that sees it as a useful brake on sweeping executive action; Sunstein leans toward a tempered, contextual approach that requires explicit congressional authorization for major new policies where power is shifted dramatically.
The Most Dangerous Branch
Q: How do you view Justice Kagan's critique of rulemaking and adjudication by executive agencies in the Slaughter argument, and what does that imply for constitutional design?
Kagan's critique points to the concentration of executive power in rulemaking and adjudication; Sunstein argues that while some concentration exists, rulemaking can be seen as a form of execution rather than legislation, and the real question is finding a balance that preserves liberty without dismantling essential governance structures.
The Most Dangerous Branch
Q: What is the core idea of the grand narrative about Article I, II, and III as described in the conversation, and why do you think it is historically reckless?
The grand narrative simplifies complex historical developments by asserting rigid separations among legislative, executive, and judicial powers; in practice, branches have intermingled through evolving institutions and practices, so restricting interpretation too harshly ignores how delegated authority and contemporary governance actually operate.
The Tariff Refund Problem
Q: What options do importers have to recover unlawfully collected duties after Learning Resources?
Importers can file a protest with CBP within 180 days after liquidation, or pursue court action; in some cases, reliquidation or injunctions could be pursued, but the process is complex and depends on whether protests are required or waived.
The Tariff Refund Problem
Q: What is the basic timeline for how tariffs are collected and liquidated under IEPA?
Tariffs are preliminarily assessed when goods enter a port, with a provisional duty that is finalized later by liquidation, which can occur up to a year after entry; as of the time discussed, many entries remained unliquidated.

Audience Metrics

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Frequently Asked Questions About Executive Functions Chat

What is Executive Functions Chat about and what kind of topics does it cover?

This show centers on analysis of presidential news, power, and governance, with deep dives into constitutional questions, executive authority, and the intersection of law and policy. Episodes frequently dissect legal precedents, constitutional constraints on the presidency, and governance challenges—from impeachment-era debates and court rulings to the role of the National Guard, executive orders, and AI's impact on federal power. Guests are drawn from law, policy, and history, offering scholarly and practitioner perspectives that illuminate how legal frameworks shape current events. A standout trait is the rigorous, courtroom-and-cabinet-level lens applied to timely political developments, often featuring heated discussions about federal p... more

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1. Divided Argument
2. Advisory Opinions
3. Amarica's Constitution
4. The Lawfare Podcast
5. We the People

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Executive Functions Chat launched a year ago and published 48 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on Executive Functions Chat?

Recent guests on Executive Functions Chat include:

1. Cass Sunstein
2. Elizabeth Sherwood-Randall
3. Matthew Seligman
4. Richard Ekins
5. Sai Prakash
6. Professor Chris Mirasola
7. Alan Z. Rozenshtein
8. Walter Stahr

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