Presidential power has expanded far beyond what the framers of the Constitution envisioned. From Lincoln and Roosevelt to Nixon and Trump, presidents have pushed the limits of executive authority — often during moments of crisis. Understanding this history is key to understanding what comes next for American democracy
In this episode, host Simone Leeper speaks with American historians Douglas Brinkley and Rick Perlstein, CLC Executive Director Adav Noti and Juan Proaño, CEO of LULAC. In conversation, they trace how the presidency has gathered sweeping power over time; what happens when oversight of this executive power breaks down; and what legal, legislative and civic reforms could restore accountability, prevent presidential overreach and safeguard the constitutional separation of powers that defines the United States.
Timestamps:
(00:05) — Why were federal troops deployed in Los Angeles?
(05:11) — Can the president legally invoke emergency powers?
(07:31) — How did the Founders limit presidential authority?
(09:14) — When did executive orders begin to expand presidential power?
(10:25) — How did FDR and later presidents redefine the presidency?
(13:04) — What did Nixon’s “If the president does it, it’s not illegal” comment really mean?
(15:22) — What are the origins of the so-called unitary executive theory?
(18:21) — How are checks and balances failing?
(19:42) — Is America sliding toward authoritarianism?
(27:57) — How is Campaign Legal Center fighting unlawful presidential overreach through litigation?
(30:00) — Why does birthright citizenship matter for American democracy?
(33:13) — What can be done to stop abuses of presidential authority?
Host and Guests:
Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.
Juan Proaño is an entrepreneur, technologist and business leader who is active in civic affairs, social impact, and politics He has served as the League of United Latin American Citizens (LULAC) Chief Executive Officer (CEO) since November 2023. As LULAC’s CEO, Juan oversees the day-to-day operations at LULAC; identifies strategic growth areas; and works to amplify the organization’s advocacy initiatives and action-oriented programs.
Rick Perlstein is an American historian, writer and journalist who has garnered recognition for his chronicles of the post-1960s American conservative movement. He is the author of five bestselling books. Perlstein received the 2001 Los Angeles Times Book Award for History for his first book, Before the Storm: Barry Goldwater and the Unmaking of the American Consensus, and appeared on the best books of the year lists of The New York Times, The Washington Post and the Chicago Tribune. His essays and book reviews have been published in The New Yorker, The New York Times, The Washington Post, The Nation, The Village Voice and Slate, among others. A contributing editor and board member of In These Times magazine, he lives in Chicago.
Douglas Brinkley is the Katherine Tsanoff Brown Chair in Humanities and Professor of History at Rice University, CNN Presidential Historian and a contributing editor at Vanity Fair. He works in many capacities in the world of public history, including on boards, museums, colleges and historical societies. The Chicago Tribune dubbed him “America’s New Past Master.” The New York Historical has chosen Brinkley as their official U.S. Presidential Historian. His recent book Cronkite won the Sperber Prize, while The Great Deluge: Hurricane Katrina, New Orleans and the Mississippi Gulf Coast received the Robert F. Kennedy Book Award. He has received a Grammy Award for Presidential Suite and seven honorary doctorates in American Studies. His two-volume annotated The Nixon Tapes recently won the Arthur S. Link – Warren F. Kuehl Prize. He is a member of the Century Association, Council of Foreign Relations and the James Madison Council of the Library of Congress. He lives in Austin, Texas, with his wife and three children.
Adav Noti coordinates all of Campaign Legal Center's operations and programmatic activities, overseeing CLC's efforts to protect elections, advance voter freedom, fix the campaign finance system, ensure fair redistricting and promote government ethics. Adav has conducted dozens of constitutional cases in trial and appellate courts and the United States Supreme Court. He also advises members of Congress and other policymakers on advancing democracy through legislation. Prior to joining CLC, Adav served for more than 10 years in nonpartisan leadership capacities within the Office of General Counsel of the Federal Election Commission, and he served as a Special Assistant United States Attorney for the District of Columbia. Adav regularly provides expert analysis for television, radio and print journalism.
Links:
Voting Is an American Freedom. The President Can’t Change That – CLC
What Are Executive Orders and How Do They Work? – CLC
The Significance of Firing Inspectors General: Explained – CLC
CLC's Kedric Payne on Trump's Brazen Removal of Nation’s Top Ethics Official – CLC
The Justice Department Is In Danger Of Losing Its Way Under Trump – CLC
It’s almost Inauguration Day. Will there be any checks on Trump’s power? – Trevor Potter op-d in The Hill
Amidst the Noise and Confusion – Trevor Potter’s newsletter
Understanding Corruption and Conflicts of Interest in Government | Campaign Legal Center – CLC
CLC Sues to Stop Elon Musk and DOGE’s Lawless, Unconstitutional Power Grab | Campaign Legal Center – CLC
Trump’s Executive Orders 2025 – Federal Register
Preserving and Protecting the Integrity of American Elections (Trump’s EO on voting) – The White House
Defending the Freedom to Vote from the Trump Administration’s Unconstitutional Presidential Overreach (LULAC, et al. v. Executive Office of the President) – CLC
CLC Sues to Block Trump Administration’s Illegal Election Overreach – CLC
Victory! Anti-Voter Executive Order Halted in Court – CLC
Understanding the election tech implications in the Trump Administration’s executive order – Verified Voting
Independent Agencies Must Remain Independent – CLC
Can President Trump Do That? – CLC
Why Birthright Citizenship Is an Essential Part of Our Democracy – CLC
Authoritarianism, explained – Protect Democracy
The Authoritarian Playbook – Protect Democracy
U.S. Supreme Court Significantly Limits Restraints on Unconstitutional Presidential Actions – CLC
Reconciliation Bill Passes the Senate Without Two Dangerous Provisions: Campaign Legal Center Reacts – CLC
The “Self-Evident” Case for Opposing Tyranny – Trevor Potter’s Newsletter
White House Eyes Rarely Used Power to Override Congress on Spending – NY Times
About CLC:
Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization dedicated to solving the wide range of challenges facing American democracy. Campaign Legal Center fights for every American’s freedom to vote and participate meaningfully in the democratic process. Learn more about us.
Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what’s broken in our democracy and how we can work together to fix it.
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