BONUS: Presidential Abuses Of The Constitution

This bonus episode of 'Relevant or Irrelevant' explores the growing concerns around presidential abuses of the Constitution, featuring legal scholar Sally Frank, professor at Drake University. The discussion centers on the lack of formal mechanisms for Congress or the public to formally declare a presidential action as an abuse of power, aside from impeachment—which has never led to a conviction of a sitting president. The conversation delves into the expanding use of executive orders, the Supreme Court’s role in moderating or enabling presidential overreach, and the controversial 'shadow docket' process that allows emergency rulings without full oral arguments. Frank critiques the Court’s recent decisions, including the creation of presidential immunity and rulings that allow the president to bypass civil service protections and immigration enforcement guidelines. She also highlights the threat to birthright citizenship under the 14th Amendment, arguing that the Trump administration’s attempt to redefine 'subject to the laws' undermines long-standing precedent. The episode underscores a systemic imbalance in checks and balances, with the judiciary increasingly acting as both enabler and gatekeeper. Key takeaways include the urgent need for clearer constitutional boundaries on executive power, the dangers of the shadow docket in enabling unchecked presidential actions, and the importance of defending established legal interpretations like birthright citizenship. The episode warns that without robust institutional accountability, the presidency risks evolving into a de facto autocratic force, even within a democratic framework. While the Supreme Court has shown some restraint—such as in blocking Trump’s tariffs—its overall trend toward deference to executive authority raises serious concerns about the future of American constitutional governance.