Michael Fortune

In navigating this conversation, let's remember that the balance between safety and liberty will always require our vigilance.

As we reflect on these issues, let's keep the phrase, if they can do it to them today, they can do it to anyone tomorrow at the forefront of our minds.

Our civil liberties matter, and protecting them is a shared responsibility.

Thanks for joining the Fortune Factor podcast.

Welcome everyone to another episode of the Fortune Factor podcast.

Today, we're diving into a captivating topic, the ever-evolving balance between constitutional limits and executive expansion in American governance.

What does it mean for our democracy when the lines blur between the powers of the presidency and those set by the Constitution?

Let's find out.

The U.S.

However, history has shown us a tug of war between the expansion of executive power and the constraints imposed by Congress and the judiciary.

Take, for instance, the landmark Supreme Court case Humphrey's Executor v. United States from 1935.

This ruling established that Congress could create independent agencies whose heads the president couldn't dismiss at will.

It's a vital insight into how the judiciary can act as a bulwark against potential executive overreach.

Now contrast that with an earlier case, Myers v. United States from 1926, which emphasized the president's exclusive authority to remove executive branch officials, thereby reinforcing the executive's power in implementing laws.

It's interesting to see how different rulings have shaped our understanding of presidential authority.

Fast forward to recent events.

In 2025, judges stepped in to block several executive actions from former President Donald Trump, including attempts to freeze federal funding and end birthright citizenship.

This judicial pushback highlights an ongoing discourse about the limits of executive power and the judicial system's role in curbing that power when necessary.

The increase in the use of executive orders is also worth noting.

For example, President Obama issued 276 executive orders, while Trump followed with 220 during his administration.