Lawfare Daily: Zachary Price on Judging in a Divided Republic
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.2K Ratings
🗓️ 12 March 2025
⏱️ 58 minutes
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Summary
Jack Goldsmith sits down with Zachary Price, Professor of Law at UC Law San Francisco and author of the new book, “Constitutional Symmetry: Judging in a Divided Republic,” which argues for judges to make decisions that work “symmetrically” across major partisan and ideological divides. He explores the implications of this theory in the context of the Trump administration's legal actions, particularly regarding the removal power and the Supreme Court's evolving jurisprudence.
The two discuss the implications of the unitary executive theory, particularly in relation to presidential power over law enforcement and executive orders. They analyze the TikTok executive order as a case study of presidential discretion and its potential overreach. The discussion also covers the implications of the Impoundment Control Act on congressional authority and the importance of maintaining a balance of power between the executive and legislative branches. Finally, they explore the concept of “constitutional symmetry” in the context of separation of powers and the role of civil service in preserving governmental integrity.
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| 1:36.0 | In a way, constitutional laws is more important than ever at a time when the kind of political |
| 1:42.3 | dynamics threatened to undermine it. And I think judges |
| 1:45.8 | are aware of this problem and seem to be looking for tools to manage it. And the goal of the book |
| 1:52.2 | is to try and make that effort more coherent in principle. It's the Lawfare podcast. I'm Jack Goldsmith |
| 1:59.3 | of Harvard Law School with Zachary Price, |
| 2:02.1 | a professor at the University of California College of the Law, San Francisco. |
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