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Transcript

Thomas Freer

  1. 0:01 The relationship between the Supreme Court and the Executive branch has always been one of the most important balances in our American democracy.
  2. 0:10 So the Constitution was designed with checks and balances.
  3. 0:13 No branch should have unchecked authority or be able to overpower another branch.
  4. 0:21 And throughout history, however, the power of the presidency has astronomically grown, especially during crises.
  5. 0:29 In times of war or economic depression or national emergency, presidents often claim broader powers so they can act quickly.
  6. 0:38 And at times this has been necessary.
  7. 0:40 But think of Lincoln during the Civil War or FDR's sweeping actions after the during and after the Great Depression.
  8. 0:49 Every time the Supreme Court has had to decide where the line should be drawn between necessary action and presidential or executive overreach.
  9. 0:58 And in recent years, that tension has only grown and intensified.
  10. 1:04 Questions about executive orders, emergency declarations, and agency authority have repeatedly landed before the court, especially today.
  11. 1:14 For example, debates over immigration depos immigration policies, student loan forgiveness, and environmental regulations all hinge on how much power the executive branch is able to use without explicit approval from Congress.
  12. 1:31 Supporters of a strong executive, or usually supporters of the political power, political party in power in the executive branch argue that presidents need flexibility to respond to fast-moving challenges like pandemics recently or national security threats.
  13. 1:49 And then critics of these powers warn that too much executive undermines democracy, uh concentrating decision-making in one person instead of representative institutions like it was meant to be.
  14. 2:19 When it upholds broad authority, it can redefine the scope of the presidency.
  15. 2:25 So the balance between the Supreme Court and the executive branch isn't just a legal question.
  16. 2:31 It's really how much trust we place in our institutions today.
  17. 2:35 So in a time of really extreme political polarization, that balance is extremely extremely fragile.
  18. 2:45 And ultimately, the struggle between the Supreme Court and the executive branch is not just a flaw.
  19. 2:51 It's the system working as designed.
  20. 2:53 It's messy, but it's democratic.