Executive Functions Chat

Jack Goldsmith interviews former Homeland Security Secretary and Pentagon General Counsel Jeh Johnson about the article he co-authored in the Journal of National Security Law and Policy, "Presidential War Powers, Executive Expansion, and Congressional Retreat." They discuss how Congress's power over war has eroded, the constitutional and practical obstacles to reasserting it, and the war in Iran as a live example.
Mentioned:
* Jeh Johnson and Ethan Klaris, Presidential War Powers: Executive Expansion and Congressional Retreat (2026)
* Cyrus Vance, Striking the Balance: Congress and the President Under the War Powers Resolution (1984)


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As the 2026 midterms approach, Jack and Bob give a big-picture overview of the Trump administration’s efforts to use federal law enforcement and executive power to influence the congressional elections. They discuss the constitutional limits on presidential authority over election rules, the administration’s novel tactics and mounting losses in court thus far, and the potential deployment of the military or ICE to the polls. They also examine the effects of the administration’s agenda on voter turnout, public confidence in the electoral process, and the risk of contested results.


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Jack speaks with University of Virginia School of Law Professor Saikrishna Prakash about the implications of the Supreme Court’s decisions in Trump v. Slaughter and Trump v. Cook. They discussed the breadth of the holding in Slaughter; its implications for the president’s control over inferior officers, civil servants, and non-Article III courts; and its broader import for the non-delegation doctrine, the major questions doctrine, and other mechanisms that could constrain the now-more-broadly-empowered unitary executive. They also discussed the validity of the carve-out in both cases for the Federal Reserve.
Relevant reading:
- “The Executive Power of Removal” by Aditya Bamzai and Saikrishna Bangalore Prakash (Harvard Law Review, 2023)
- “New Light on the Decision of 1789” by Saikrishna Prakash (Cornell Law Review, 2006)


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Jack chats with Robert Wright about his forthcoming book, The God Test: Artificial Intelligence and Our Coming Cosmic Reckoning. They discuss why Wright views AI through an evolutionary lens, the promises and perils of increasingly capable AI systems, and the prospects for international cooperation—particularly between the U.S. and China—in managing AI-related risks. They also examine Wright’s argument that successfully governing AI may require a modest moral upgrade across society, including individual efforts to preserve cognitive sovereignty and mitigate the biases and tribal instincts that can hinder global cooperation.
Mentioned:
- Robert Wright, The God Test: Artificial Intelligence and Our Coming Cosmic Reckoning (2026)
- “When AI Builds Itself” (Anthropic, June 4, 2026)
- “US National Security Agency using Anthropic’s Mythos for cyber attacks,” by Cristina Criddle and Demetri Sevastopulo (Financial Times, June 4, 2026)
- “Promoting Advanced Artificial Intelligence Innovation and Security,” (The White House, June 2, 2026)


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Bob and Jack discuss President Trump’s nomination of Deputy Attorney General Todd Blanche, the current acting attorney general, to become Attorney General. They review Blanche’s record at DOJ, including his role in political weaponization, ethics concerns, and the fallout from the proposed Anti-Weaponization Fund. They also examine why Trump is forcing a confirmation fight when Blanche could plausibly lead the Justice Department for the rest of Trump’s term without Senate confirmation. What’s at stake, they discuss, is whether the Senate will endorse, and thus take responsibility for, Trump’s DOJ weaponization campaign.
Mentioned:
* “The High Stakes of the Blanche Nomination” by Bob Bauer (Executive Functions, June 9, 2026)


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