Sure, we all pay lip service to the Madisonian system of checks and balances. But presidents have been steadily expanding the reach of the job. With an election around the corner, we updated our 2016 conversation with the legal scholar Eric Posner — who has some good news and some not-so-good news about the power of the presidency. (Part one of a two-part se ... Show More
Nov 14
653. Does Horse Racing Have a Future?
<p>Thoroughbred auction prices keep setting records. But tracks are closing, gambling revenues are falling, and the sport is increasingly reliant on subsidies. Is that the kind of long shot anybody wants? (Part three of a series, “<a href="https://freakonomics.com/the-horse-is-us ... Show More
1h 1m
Apr 2025
What if There’s No Way to Stop Trump’s Approach to Power?
<p>President Trump may forever reshape the boundaries of executive power. This week on “Interesting Times,” Ross and Jack Goldsmith, who was the head of the White House’s Office of Legal Counsel under President George W. Bush, discuss which cases are most likely to win in the cou ... Show More
1h 5m
Feb 2025
Yes, We’re in a Constitutional Crisis
<p>Live from Fordham Law, Leah, Melissa, and Kate stay on the Trump 2.0 chaos beat. They cover the continued ransacking of the federal government by the new administration, lawlessness at the DOJ, and the gutting of the Consumer Financial Protection Bureau. Finally, they take som ... Show More
1h 13m
Apr 2025
Trumps first 100 days have pushed the limits of presidential power to new levels
President Trump is pushing the boundaries of executive power in nearly every area of policy. From his trade war, to immigration, to education, to the reductions in the federal workforce.
Many of his actions are direct challenges to the Courts and to Congress. Those two branches o ... Show More
9m 47s
Jun 2025
Trump's showdown with the courts with Yale Law School's Emily Bazelon
<p>President Trump has never been shy about his revolutionary ambitions. In his second term, he’s moved aggressively to consolidate power within the executive branch—signing more than 150 executive orders in just over 150 days, sidelining Congress, and pressuring the institutions ... Show More
29m 8s
Apr 2025
A Constitutional Crisis, Due Process, & the Rule of Law
What is a constitutional crisis? For some, a constitutional crisis is when the president defies the Supreme Court, for others it is when a president simply defies a federal judge’s order. Under the reign of President Trump and his administration, the country has dealt with a numb ... Show More
36m 59s
Aug 27
Does America really "want a dictator"?
It's not the first time Donald Trump has overreached, but his latest assertion is that he has the right to do whatever he wants. Trump wants total control - of universities, the police and anyone he perceives to be a threat. He's 'fired' Lisa Cook, the first Black woman to serve ... Show More
49m 10s
Sep 2024
Anthony Michael Kreis, "Rot and Revival: The History of Constitutional Law in American Political Development" (U California Press, 2024)
One of the great divides in American judicial scholarship is between legal scholars who take the justices at their word and assume that those words define the law and political scientists who dismiss all judicial arguments as smokescreens for partisan bias or wider political forc ... Show More
1h 3m
Jan 2025
How Trump’s Federal-Aid Fiasco Is Testing the Separation of Power
<p>On Tuesday, the Trump Administration sent out a memo attempting to put a blanket pause on most federal funding, sowing confusion about financing for student loans, SNAP benefits, nonprofits, and more. The next day, after a backlash, the Administration rescinded the memo, whil ... Show More
29m 34s