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We the People

Trump v. United States and the National Security Constitution

We the People

National Constitution Center

History, News Commentary, News

4.61K Ratings

🗓️ 2 July 2024

⏱️ 62 minutes

🧾️ Download transcript

Summary

In this episode, Harold Hongju Koh of Yale Law School, Deborah Pearlstein of Princeton University, and Matthew Waxman of Columbia Law School  join Jeffrey Rosen for a conversation to explore Trump v. United States and the updated edition of Koh’s landmark book, The National Security Constitution in the Twenty-First Century. This program originally streamed live on July 1, 2024 as part of the NCC’s America’s Town Hall program series. Resources: Harold Koh, The National Security Constitution in the Twenty-First Century (2024) Trump v. United States (2024) Loper Bright Enterprises v. Raimondo (2024) United States v. Curtiss-Wright Export Corp. (1936) Youngstown Sheet & Tube Co. v. Sawyer (Steel Seizure Case) (1952) The Pacificus-Helvidius Debates of 1793-1794 Deborah Pearlstein, “Lawyering the Presidency,” The Georgetown Law Journal (2022) Deborah Pearlstein, “The Executive Branch Anticanon,” Fordham Law Review (2020) Matthew C. Waxman, “War Powers Reform: A Skeptical View,” Yale L. J. Forum (2024) Questions or comments about the show? Email us at [email protected].  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library.

Transcript

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0:00.0

Hello friends. I'm Jeffrey Rosen, president and CEO of the National

0:06.4

Constitution Center and welcome to We The We The People Weekly Show of

0:09.6

Constitutional Debate. The National Constitution Center is a nonpartisan nonprofit charted by Congress to increase awareness and understanding of the Constitution among the American people.

0:20.0

In this episode of We the People, I'm excited to share a conversation about Trump versus U.S. and presidential immunity.

0:28.0

With Harold Hong Jukko of Yale Law School, Deborah Perlstein of Princeton and Matthew Waxman of Columbia Law School.

0:34.4

We discussed this week's landmark Supreme Court ruling that former presidents enjoy sweeping

0:39.8

immunity from criminal prosecution.

0:42.5

And we explore the history of executive power in light of Harold's book, The National

0:46.8

Security Constitution in the 21st century.

0:50.6

Enjoy the conversation.

0:51.6

Thank you so much for joining us, Harold Coe, Deborah Prostein, and Matthew Waxman.

0:58.0

Professor Coe, I had the great privilege of taking your class in law school.

1:03.6

No one better explains the history

1:06.9

and current practice of national security law

1:08.9

than you.

1:09.4

And it's very fortunate that we have you today.

1:11.9

US v. Trump has just come down the landmark decision

1:16.5

on presidential immunity.

1:19.8

Tell us, if you will, how your book, tracing the evolution of executive power throughout the American

1:26.8

history in some ways predicts today's decision and how does today's decision change or not the law of executive power and the Constitution?

1:38.0

Well, thank you, Jeff. You know, you're, all of your listeners know that the Constitution is driven by a principle of checks and balances.

1:47.0

The question is, do those checks and balances actually apply in foreign affairs and national security and the surprising answer is that unfortunately they don't.

...

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