How Democracy Is Impacted by the Expansion of Presidential Power

Presidential power has expanded far beyond what the framers of the Constitution envisioned. From Lincoln and Roosevelt to Nixon and Trump, presidents have pushed the limits of executive authority — often during moments of crisis. Understanding this history is key to understanding what comes next for American democracy

In this episode, host Simone Leeper speaks with American historians Douglas Brinkley and Rick Perlstein, CLC Executive Director Adav Noti and Juan Proaño, CEO of LULAC. In conversation, they trace how the presidency has gathered sweeping power over time; what happens when oversight of this executive power breaks down; and what legal, legislative and civic reforms could restore accountability, prevent presidential overreach and safeguard the constitutional separation of powers that defines the United States.

Timestamps:

(00:05) — Why were federal troops deployed in Los Angeles?

(05:11) — Can the president legally invoke emergency powers?

(07:31) — How did the Founders limit presidential authority?

(09:14) — When did executive orders begin to expand presidential power?

(10:25) — How did FDR and later presidents redefine the presidency?

(13:04) — What did Nixon’s “If the president does it, it’s not illegal” comment really mean?

(15:22) — What are the origins of the so-called unitary executive theory?

(18:21) — How are checks and balances failing?

(19:42) — Is America sliding toward authoritarianism?

(27:57) — How is Campaign Legal Center fighting unlawful presidential overreach through litigation?

(30:00) — Why does birthright citizenship matter for American democracy?

(33:13) — What can be done to stop abuses of presidential authority?

Host and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

Juan Proaño is an entrepreneur, technologist and business leader who is active in civic affairs, social impact, and politics He has served as the League of United Latin American Citizens (LULAC) Chief Executive Officer (CEO) since November 2023. As LULAC’s CEO, Juan oversees the day-to-day operations at LULAC; identifies strategic growth areas; and works to amplify the organization’s advocacy initiatives and action-oriented programs.

Rick Perlstein is an American historian, writer and journalist who has garnered recognition for his chronicles of the post-1960s American conservative movement. He is the author of five bestselling books. Perlstein received the 2001 Los Angeles Times Book Award for History for his first book, Before the Storm: Barry Goldwater and the Unmaking of the American Consensus, and appeared on the best books of the year lists of The New York Times, The Washington Post and the Chicago Tribune. His essays and book reviews have been published in The New Yorker, The New York Times, The Washington Post, The Nation, The Village Voice and Slate, among others. A contributing editor and board member of In These Times magazine, he lives in Chicago.

Douglas Brinkley