Who Checks the Executive?

Who checks the Executive? That’s one of the big questions that I find myself asking as I read the news, thinking about all of the things the executive branch can do, all the real “power on the ground” the President seems to have. And that’s something I’ve been thinking about for over a decade, across Presidents from both parties, as each new President takes bold actions that his supporters cheer on and his detractors decry.

Now I teach constitutional law here at the University of Chicago. So I know what the answers are in theory. The separation of powers. Congress. Federalism. The states. But how do those institutions really function? What do their interactions with the executive branch look like, in times of cooperation and times of conflict? Do we even have a “battle of the branches” or does that presuppose a battle that isn’t really happening?

To try to find out the answers to those questions. I’m here with two of my colleagues at the University of Chicago – Ruth Bloch Rubin, an associate professor of political science, and Bridget Fahey, a professor of law. Ruth is an expert in Congress, and political parties. Bridget is an expert in federalism. And I’m hoping to bring them together here to talk about whether Congress and the states still play a role as counterweights to the executive branch today. 

Have a listen.