What if the very system designed to keep our leaders in check… is starting to fail?

In this episode of This Constitution, hosts Savannah Eccles Johnston and Matthew Brogdon kick off Season 2 with a deep dive into the delicate balance of power in the U.S. government. They break down the difference between checks and balances and the separation of powers—two critical mechanisms that prevent tyranny.

Through fascinating historical moments like FDR’s court-packing plan and Nixon’s resignation, they reveal how these principles have been tested over time. But what about today? With rising partisanship and a weakened Congress, are we at risk of losing the safeguards that keep our democracy intact?

Join the conversation and discover why your voice matters in upholding these fundamental protections. Listen now and stay engaged in the fight for a balanced government!

In This Episode

• (00:00:27) Introduction to Season Two
• (00:01:12) Importance of Checks and Balances
• (00:01:26) Distinction Between Concepts
• (00:02:08) Separation of Powers Explained
• (00:02:12) Checks and Balances Explained
• (00:03:27) Historical Context of Governance
• (00:04:06) Ambition and Self-Interest
• (00:07:19) Montesquieu's Influence
• (00:09:07) Constitutional Checks and Balances
• (00:10:24) Presidential Powers Against Congress
• (00:12:02) Impeachment Power Discussion
• (00:12:23) Judicial Review Explained
• (00:13:18) The Rule of Law and Judicial Process
• (00:14:11) Checks on Supreme Court Power
• (00:15:13) FDR's Court Packing Plan
• (00:16:12) Response from the Senate Judiciary Committee
• (00:17:14) FDR's Overestimation of Support
• (00:18:26) Checks and Balances in Action
• (00:22:29) The Nixon Administration Scandal
• (00:24:07) Supreme Court's Role in Nixon's Case
• (00:25:36) Goldwater's Intervention
• (00:26:25) Challenges to Checks and Balances Today
• (00:27:38) Exploring Congress's Weakness
• (00:27:50) Presidential Influence on Congress
• (00:28:08) Role of Voters in Checks and Balances
• (00:28:45) Public Attachment to Constitutional Principles
• (00:28:56) Civic Education and Public Perception
• (00:29:54) Improving Constitutional Education

Notable Quotes

• [00:04:06] "Checks and balances work because John Thune, who's the Senate Majority Leader, wants to be as personally powerful as possible, and he knows that his power is only as great as the power of his institution." — Savannah Eccles Johnston

• [00:05:12] "You can have people who are all pursuing good things at the same time, and the pursuit of those good things could come in conflict." — Matthew Brogdon

• [00:14:11] "The best moments in American political history are when two institutions, or even just one, turn and look at the overreaching institution and say, 'Keep them in their place.'" — Savannah Eccles Johnston

• [00:28:56] "People do need a public attachment to things for them to be lasting and durable, and I'm afraid that the way we teach the American government might be a little bit guilty here." — Matthew Brogdon

Resources and Links

This Constitution  

• https://podcasts.apple.com/us/podcast/this-constitution/id1771900485
• https://www.youtube.com/@centerforconstitutionalstu8915/videos