What are the threats to the norms and institutions of democracy, whether in America or around the world? When democracies weaken or die, does it happen suddenly or gradually? What are the first changes we might see? What are the causes? And what, if anything, can democracies do to stop it?

What is the scope of the President’s power over war and foreign policy? Are there any internal constraints – legal, political, institutional – on the President’s behavior toward other countries? Does the executive’s ability to operate in secret allow it to evade these potential constraints? Have these dynamics changed over time, and if so, why?

Over the past decade, both Democratic and Republican Presidents have exercised broad powers, sparking varying levels of agreement, controversy, and legal debate. This raises the question: how did we get here, and what can history teach us about today’s power dynamics between branches of government? To explore this, I’ve invited two colleagues from the University of Chicago—Alison LaCroix, a legal scholar, and Jim Sparrow, a historian. Alison’s work focuses on American federalism and constitutional development, while Jim studies the evolution of state power, especially in wartime. Their broad historical perspectives help illuminate how past conflicts over power shaped our current political landscape. Join us as we dive into the historical roots of today’s governmental dynamics.

Episode 1: Who Checks the Executive? In this kickoff episode of Battle of the Branches, Professor Will Baude explores the evolving power of the executive branch and asks whether Congress and the states still serve as meaningful checks. Joined by Professor Bridget Fahey and Associate Professor Ruth Bloch Rubin, the conversation dives into federalism, legislative oversight, and the real dynamics behind the separation of powers today.