David French
๐ค SpeakerAppearances Over Time
Podcast Appearances
But then you also give the executive branch greater authority.
That would be if you upheld, say, the birthright citizenship order.
I think they've taken the case to uphold birthright citizenship.
It's very difficult for me to imagine an executive order sort of overturning
More than a century of American law that is also, by the way, promulgated by statute.
So you have the constitutional provision, you have a statutory citizenship provision, and then you have this Trump executive order.
And I don't think that Trump executive order is going to trump the statute.
I don't think he's got a proper understanding of the Constitution here.
There's exactly on point Supreme Court authority from right close to the generation that actually passed the 14th Amendment.
So I think you've got a lot of things against the Trump administration.
Very similar with the Tariff case.
So the bad place, though, is let's say the court gives Trump more power over the executive branch and then allows the executive branch to do what Trump wants to do and grab more power.
But I don't think that's what's happening.
I think what's happening is this.
They're going to give Trump more power over the executive branch or give all presidents, let's put it this way, all presidents more power over the executive branch, but also make the executive branch less powerful by extending the Biden era precedents around vaccine mandates and student loans into tariffs, into birthright citizenship, so that presidents who want to be lawmakers are
are just going to be shut out.
A president is a law executor, which is very different from a lawmaker.
And so I think that's where they're headed.
And I think that's the better place or the good place is greater political accountability for a diminished executive branch.