Season 5, Episode 10 (Show 218): Sinking the Unitary Executive – Special Guest Steven G. Calabresi

March 5, 2025

Professor Calabresi returns for more discussion on the Unitary Executive theory; this time, with Akhil pushing back with a variety of pointed challenges, and some originalist history and arguments.

CLE Credit Available for this episode from podcast.njsba.com.

President Trump continues to wield the ax in a manner consistent with Unitary Executive theory.  The question is, is it also consistent with the Constitution, and with the various statutes on the books that are at odds with that theory?  Professor Calabresi returns for more discussion of this crucial question; in this episode, Akhil is pressing a number of challenges to the theory.  Among these is an important example from the early Republic, which indeed followed soon after the Decision of 1789, which is so heavily relied upon by proponents of the unitary executive.  History, text, structure  – all come together in a lively debate.

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Show Notes: