What should we make of the Supreme Court's recent ruling against universal injunctions in Trump v. CASA? What does the dispute in that case tell us about the role of courts in reviewing the lawfulness of executive action? Is this kind of judicial restraint a threat to the separation of powers, or a means of protecting it? Is the decision, or its timing, a product of judicial politics? 

Do we have a free and robust public forum for ideas in America today? What has the government done to try to influence that public forum and what should be the limits on its power to do so? Can the party in power pressure private companies, social media companies, or universities to favor its views? Is there a legitimate government concern in checking misinformation and disinformation? 

Do we have a Unitary Executive? What is the relationship between the President and the rest of the executive branch? What is the institutional relationship between executive branch bureaucracy and the White House? What is the legal relationship? How have the institutional and legal relationships changed, and how might they change in the next few years?

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.