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Executive Functions Chat

Bob Bauer and Jack Goldsmith
Trump Administration
Supreme Court
Donald Trump
Congress
Insurrection Act
Department Of Justice
National Guard
Executive Authority
Universal Injunctions
Habeas Corpus
Executive Power
Iran
Protective Power
Birthright Citizenship
Executive Orders
Paul Weiss
Law Firms
President Trump
ICE
Posse Comitatus Act

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

PublishesWeeklyEpisodes50Foundeda year ago
Number of ListenersCategories
NewsGovernmentPolitics

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Artwork for Executive Functions Chat

Latest Episodes

Jack chats with Marty Lederman, professor at Georgetown University Law Center and former deputy assistant attorney general in the Office of Legal Counsel, about a recent OLC opinion declaring the Presidential Records Act unconstitutional. They examin... more

Jack chats with Sarah Isgur about her new book, Last Branch Standing: A Potentially Surprising, Occasionally Witty Journey Inside Today’s Supreme Court. They unpack her theory of the Court’s decisional dynamics and explore the Court’s approach to exe... more

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

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Recent Guests

Marty Lederman
Professor at Georgetown Law School
Georgetown Law School
Episode: Who Owns Presidential Records?
Sarah Isgur
Editor of SCOTUSblog; host of Advisory Opinion Podcast; ABC News legal analyst
SCOTUSblog; Advisory Opinion Podcast; ABC News
Episode: The Last Branch Standing
Kurt Bradley
Co-author, Historical Gloss and Foreign Affairs
University of Chicago Law School
Episode: Can Trump Pull Out of NATO?
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

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
#74
Australia/Government
Apple Podcasts
#102
Hong Kong/Government
Apple Podcasts
#218
Denmark/Government
Apple Podcasts
#242
Netherlands/Government

Talking Points

Recent interactions between the hosts and their guests.

Who Owns Presidential Records?
Q: Okay, Marty, what's at stake here and why is this law important?
Lederman explains the PRA's purpose in preserving historical records, ensuring access to presidential papers, and informing future administrations and the public, while noting the controversy around whether Congress has proper authority and concerns about executive functioning under the statute.
Can Trump Pull Out of NATO?
Q: Could a court entertain standing or review if withdrawal proceeds?
Standing could arise from economic injuries to private actors affected by NATO withdrawal, and the absence of a clear political-question barrier could allow merits review in potential litigation.
Can Trump Pull Out of NATO?
Q: How does the Rubio statute change the legality of terminating NATO participation?
The Rubio statute creates a statutory bar to unilateral withdrawal without broad congressional consent, thereby elevating Congress's role and potentially constraining or invalidating unilateral presidential withdrawal actions.
Can Trump Pull Out of NATO?
Q: What explains why historical practice matters in constitutional interpretation of executive power over treaties?
Historical practice provides a practical gauge for presidential power when the Constitution is silent or ambiguous, guiding courts and lawyers on what has been treated as acceptable behavior in foreign affairs.
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.

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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These podcasts share a similar audience with Executive Functions Chat:

1. Divided Argument
2. Amarica's Constitution
3. Advisory Opinions
4. We the People
5. Supreme Court Oral Arguments

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Executive Functions Chat launched a year ago and published 50 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. Marty Lederman
2. Sarah Isgur
3. Kurt Bradley
4. Cass Sunstein
5. Elizabeth Sherwood-Randall
6. Matthew Seligman
7. Richard Ekins
8. Sai Prakash

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