When bombs drop and troops mobilize, who pulls the strings—Congress or the President? Can we afford to leave the fate of nations in the hands of one person, or does the voice of the people demand more say? The Founding Fathers designed checks and balances for a reason, but when it comes to war powers, does the balance still hold?

In this episode of This Constitution, Savannah Eccles Johnston and Matthew Brogdon delve into the war powers outlined in the U.S. Constitution, focusing on the balance of authority between Congress and the President. They discuss Article I, Section 8, which grants Congress the power to declare war, and Article II, Section 2, which designates the President as Commander in Chief. The conversation covers historical precedents, the evolution of military authorizations, and modern implications, including the use of Authorizations for the Use of Military Force (AUMF). They emphasize the importance of understanding and navigating the constitutional framework governing war powers.

Curious about who truly holds the reins of military power? Tune in to learn more and challenge your understanding of war powers in America.

In This Episode

• (00:27) Introduction to war powers
• (01:06) Congress's powers
• (01:18) President's powers
• (02:10) Competition between branches
• (02:22) Authorization for military force
• (03:06) Historical context of war declarations
• (03:53) Ambiguity in military actions
• (04:26) Historical examples of military authorizations
• (06:54) Technological warfare
• (08:07) Political implications of war powers
• (08:30) Defensive warfare
• (08:43) Distinguishing offensive and defensive actions
• (09:24) Lincoln's actions during the Civil War
• (10:38) State of war and presidential powers
• (11:42) Treaty obligations and war
• (13:22) Preemptive strikes vs. defensive actions
• (14:11) The President's war powers
• (14:39) Congress's role in war declarations
• (15:15) Historical context of war powers
• (15:36) Executing congressional declarations
• (16:03) Presidential discretion in war
• (17:23) Congress's powers against the President
• (18:24) Congress's institutional strength
• (19:13) Impeachment as a weapon
• (20:11) Power of the purse
• (21:25) Defense appropriations cycle
• (23:38) Presidential actions without war
• (25:23) War Powers Resolution Overview
• (26:21) Constitutionality of the War Powers Resolution
• (26:46) The War Powers Resolution
• (27:17) Presidential authority
• (28:14) Congress's role in military regulation
• (29:25) Tactical command limitations
• (30:31) Overlapping powers discussion
• (31:25) Public dissatisfaction with military engagement
• (32:04) Alternative solutions for Congressional action
• (33:29) General public knowledge and engagement
• (34:53) Need for decisive leadership
• (35:28) Educating voters on war powers

Have you ever wondered what happens when an election unfolds in unexpected ways?

This episode dives into the surprisingly decisive 2024 presidential election, exploring its unique dynamics and the implications for American democracy. Despite expectations of a close race, the results were clear almost immediately, leaving room to reflect on the shifting coalitions, demographic trends, and the role of the Electoral College in modern elections. What does this tell us about the future of American politics?

Join hosts Savannah Eccles Johnston and Matthew Brogdon as they analyze what this election means for political parties, the electorate, and constitutional processes like the peaceful transfer of power.

Tune in for an engaging conversation that connects the election outcomes to broader themes in constitutional governance and American civic life.

In This Episode

• 00:42: Overview of the 2024 Presidential Election
• 02:02: Historical Context of Previous Presidential Elections
• 03:02: Changing Dynamics of Party Control and Dominance
• 04:04: Shift in Party Demographics and Minority Vote
• 05:02: Breakdown of Voter Demographics by Ethnicity and Sex
• 06:02: Discussing the Latino, Black, and Asian American Vote
• 07:23: Shift in Republican and Democratic Party Bases
• 09:24: Electoral College and Senate Outcomes
• 11:02: Peaceful Transfer of Power and Concession Speech
• 13:10: Importance of Adhering to Constitutional Principles
• 14:01: Process of Voting by Electors in the Electoral College
• 15:55: Managing Faithless Electors
• 17:23: Role of the Archivist in Electoral Process
• 18:13: Introduction to the executive agency
• 18:32: Role of the Vice President on January 6th
• 19:02: Historical context of Vice Presidents declaring their defeat
• 19:13: Kamala Harris's responsibilities and constitutional role
• 20:00: Process of opening electoral votes in Congress
• 21:02: Potential outcomes and controversies in the 2024 election
• 22:00: Trump's legislative prospects and potential challenges
• 23:07: Impact of divided and unified government on passing legislation
• 25:02: Significant bipartisan legislation examples
• 25:42: Election results and political stability
• 26:01: Future of American politics and upcoming elections
• 26:22: Conclusion and call to continue learning about the Constitution

Notable Quotes

• [00:01:14] “We have an incoming president who won the Electoral College, a majority of the popular vote, and all swing states—a clean sweep in 2024.” — Savannah Eccles Johnston
• [00:06:49] “Race is losing salience, while gender and class are becoming more central to party politics.” — Matthew Brogdon
• [00:15:06] “The decentralization of the Electoral College makes election fraud at a national level incredibly difficult.” — Matthew Brogdon
• [00:18:55] “The power of transitions reminds us of the strength of our constitutional system, even in divisive times.” — Savannah Eccles Johnston

Matthew Brogdon

• https://www.linkedin.com/in/matthew-brogdon-8a21bb89
• https://x.com/profbrogdon

Savannah Eccles Johnston

• https://www.linkedin.com/in/savannah-eccles-johnston-515a72198/
• https://www.instagram.com/savypolitics/

Ever wonder why the candidate with the most votes doesn’t always win the presidency? Or question if the Electoral College still makes sense in today’s democracy? The Electoral College has been at the center of political debates for centuries, leaving many of us scratching our heads about its fairness and relevance. But how did this system come about, and why does it still determine our elections?

In this episode of This Constitution, hosts Savannah Eccles Johnston and Matthew Brogdon take a deep dive into the origins and evolution of the Electoral College, just in time for the 2024 presidential race. They explore the historical arguments that shaped its creation, the majority-takes-all system, and the mismatches between the popular vote and election outcomes that have left voters frustrated. From potential reforms like the National Popular Vote Interstate Compact to district-based voting, they break down the possibilities for change.

Curious to learn more and see how this system might impact the future of our democracy? Tune in now!

In This Episode

• (00:03) Introduction to the podcast
• (00:41) Electoral College origins
• (02:08) Alternatives to the Electoral College
• (03:00) Impact of slavery on voting
• (04:06) State-by-state voting process
• (06:10) Historical variations in elector selection
• (07:13) Electoral College's intended purpose
• (09:30) Political parties and the Electoral College
• (10:24) Current Electoral College systems
• (11:28) Majority takes all system
• (12:26) Mismatch between the popular vote and the Electoral College
• (13:57) The psychology of the wasted vote
• (14:53) Historical elections and popular vote discrepancies
• (15:24) Majority vs. plurality in elections
• (16:51) Geographic support and election outcomes
• (18:38) Impact of the Electoral College on political parties
• (19:08) Consequences of Electoral College outcomes
• (21:18) Rural vs. urban voting dynamics
• (23:14) Revisiting the district system
• (25:24) Gerrymandering and electoral outcomes
• (26:59) Cynicism towards gerrymandering solutions
• (28:11) National Popular Vote Interstate Compact
• (28:56) Texas Constitution and electors
• (29:27) Elector commitment and penalties
• (29:47) Theoretical vs. practical application

Where’s the Party? Presidential Selection Gone Wrong

Are presidential elections as democratic as we believe? How did we go from the Framers' carefully crafted vision to the whirlwind of primaries and national conventions that define our elections today? Over the years, the process of selecting a president has transformed—political parties have risen, conventions have become essential, and now primaries dominate the scene. With growing concerns over corruption, demagogues, and the weakening role of superdelegates, it’s time to ask: Is this truly the best way to choose our nation's leader?

In this episode of This Constitution, host Savannah Eccles Johnston is joined by Byrd Professor of Politics at the University of Virginia, James Ceaser, to dive deep into the evolution of the U.S. presidential selection process. Together, they explore the Framers' original intentions, fears of foreign influence, and the rise of political parties. They also discuss Martin Van Buren’s pivotal role in democratizing the process, the fall of the "King Caucus," and the impact of the Progressive era’s primary system. With a closer look at the modern challenges of populism and party dynamics, this conversation uncovers whether today’s system still serves the democratic ideals it was meant to uphold.

Ready to rethink how we elect our leaders? Tune in to this episode and join the conversation!

In This Episode

• (00:00:03) Introduction to the episode
• (00:01:18) Original intent of the framers
• (00:03:05) Impact of political parties
• (00:03:25) King Caucus explained
• (00:06:00) Breakdown of King Caucus
• (00:07:08) Rise of national party conventions
• (00:09:51) Non-partisan self-selection period
• (00:10:22) Advent of the two-party system
• (00:12:16) Van Buren's influence
• (00:14:27) Conclusion on political parties
• (00:14:53) Martin Van Buren's influence
• (00:15:48) Evolution of presidential election
• (00:16:11) Van Buren's political vision
• (00:17:23) Preventing American aristocracy
• (00:18:49) The national party convention system
• (00:21:40) Corruption in the party system
• (00:22:37) Progressives and political reform
• (00:25:53) Mixed system of primaries and conventions
• (00:27:39) Decline of the old system
• (00:28:13) Dangers of modern primaries
• (00:29:03) The convention formation
• (00:30:17) Concerns of the founders
• (00:30:51) Challenges to reform
• (00:31:15) Superdelegates and party dynamics
• (00:33:11) Decline of superdelegates
• (00:35:16) Trump's unconventional nomination
• (00:36:24) The future of primaries
• (00:36:55) Kamala Harris as a nominee
• (00:39:17) Conclusion on the primary system

About James Ceaser

James W. Ceaser is the Harry F. Byrd Professor of Politics at the University of Virginia, where he also leads the Program on Constitutionalism and Democracy. An accomplished author, he has written several influential works on American politics and political theory, including Presidential Selection, Reconstructing America, and Nature and History in American Political Development.

In addition to his academic contributions, Ceaser frequently writes for popular outlets, such as The Weekly Standard and National Review. He has also served as a presidential appointee to the National Archives Commission.

Throughout his career, Ceaser has held visiting professorships at the University of Florence, the University of Basel, Oxford University, the University of Bordeaux, the University of Rennes, Harvard, and Princeton. In 2015, he was honored with the Bradley Prize.

Beyond his role on the Board of Directors, he serves as a member of the Academic Advisory Council for the Jack Miller Center.

Lincoln Saved the Union. Did He Violate the Constitution?

Did Abraham Lincoln really have to break the very rules he swore to uphold to save the nation? It’s a tough question, isn’t it? As the Civil War raged on, Lincoln faced a monumental dilemma: how far should a leader go to protect the country when the Constitution seemed to get in the way? He made some bold and controversial choices—suspending habeas corpus, expanding executive powers, and even issuing the Emancipation Proclamation. But were these actions truly necessary for winning the war, or did he step over the line?

In this episode of This Constitution, hosts Savannah Eccles Johnston and Matthew Brogdon dive into the challenging decisions Lincoln had to make during this turbulent time. They explore his suspension of habeas corpus and his decision to raise troops without congressional approval, all while trying to keep the nation together. Lincoln believed that extraordinary times called for extraordinary measures, and he thought the Constitution allowed for that. But how do we reconcile that with the importance of constitutional limits?

Join Savannah and Matthew as they discuss the tension between executive power and constitutional boundaries, revealing the complexities of Lincoln’s thinking during a national crisis. This isn’t just about history; it’s about understanding what leadership means when the stakes are high and the rules feel like they might hold us back.

In This Episode:

• (00:27) Introduction to the episode
• (00:57) Lincoln's justification for actions
• (01:16) Suspension of habeas corpus
• (02:23) Lincoln's political background
• (03:49) Lincoln's election context
• (04:35) Lincoln's stance on slavery
• (05:42) Emancipation Proclamation justification
• (06:05) Constitutional authority for actions
• (07:41) Lincoln's executive power
• (08:14) Congressional session and justifications
• (09:47) Lincoln's argument for emergency powers
• (10:01) Constitutional powers and rebellion
• (11:01) Military necessity and emancipation
• (11:46) Habeas Corpus historical context
• (13:11) Judicial challenge to habeas corpus
• (15:07) Lincoln's defiance of the court
• (15:19) Lincoln's newspaper strategy
• (15:52) Arrest of Mr. V
• (16:11) Democrats' declaration
• (17:30) Lincoln's justification
• (18:29) Harmful agitation
• (19:10) Geographic scope of rebellion
• (20:19) Distinction from martial law
• (22:19) Lincoln's constitutional defense
• (23:00) Declaration of war debate
• (24:34) Supreme Court's take
• (25:18) Extraordinary powers debate
• (26:40) Constitutional integrity

George Washington Builds the Presidency.

Are you ready to uncover how one man's choices shaped the very essence of the American presidency? How did George Washington, a military leader turned statesman, navigate the turbulent waters of power and liberty? What challenges did he face as he established the precedents that govern our leaders today?

In this episode of This Constitution, host Matthew Brogdon sits down with Paul Carrese to delve into George Washington's presidency, exploring his pivotal role in establishing the executive branch within the newly created Constitution. Carrese, a civic thought and leadership fellow, discusses Washington's challenges in legitimizing a strong executive role, influenced by classical sources and his commitment to public service. Key topics include Washington's handling of the national bank controversy, the Jay Treaty, and the Whiskey Rebellion, illustrating his balanced approach to executive power. The episode also highlights Washington's farewell address, emphasizing unity, the dangers of political parties, and his enduring legacy.

In This Episode:

• (00:03) Introduction to the Constitution
• (00:15) Introduction to Paul Carrese
• (01:33) Washington's role in the Constitutional Convention
• (02:58) Washington's legitimacy
• (06:01) Washington's first inaugural address
• (07:31) Washington's farewell address
• (08:45) Washington's self-education
• (09:31) Influence of classical thinkers
• (12:14) Washington's concept of office
• (14:40) Episodes of Washington's leadership
• (15:54) The bank's rationale
• (17:21) Washington's cabinet strategy
• (18:21) Madison's shift on the bank
• (20:03) Hamilton's economic influence
• (22:18) Washington's diplomatic role
• (23:12) Constitutional interpretation of treaties
• (24:15) Washington's treaty process
• (25:29) The Jay Treaty controversy
• (28:04) Whiskey Rebellion context
• (30:43) Constitutional enforcement
• (31:46) Peace through strength
• (32:38) Washington's farewell address
• (33:14) Washington's relationship with party
• (34:31) Significance of the farewell address
• (36:46) Counsels in the farewell address
• (38:51) Washington's legacy
• (39:24) George III's remark on Washington

An Elected Monarch? Creating the American Presidency.

Have you ever wondered how the Founding Fathers managed to create a powerful executive branch without sliding into dictatorship?

In this episode of This Constitution, host Savannah Eccles Johnston sits down with Greg Jackson, a professor of national security studies at Utah Valley University and the host of the podcast History That Doesn't Suck. Together, they dive into the fascinating history and theory behind the creation of the American presidency.

They tackle the tricky balance between a republican government and the need for a strong executive who can act decisively in a crisis—a challenge they call the "Hannibal dilemma." The conversation touches on Thomas Jefferson’s time as governor, the flaws of the Articles of Confederation, and the aftermath of Shays' Rebellion. By the end, they emphasize how crucial a solid executive branch is within a constitutional framework to handle emergencies and keep order.

In This Episode:

● (01:19) The Hannibal dilemma

● (02:10) Constitutional dictatorship

● (02:54) The risks of power

● (04:01) Theoretical foundations

● (04:37) Montesquieu's separation of powers

● (05:50) John Locke's influence

● (08:02) State constitutions post-revolution

● (09:22) Public sentiment towards executives

● (09:39) Key features of state constitutions

● (10:26) Outlier states: Pennsylvania and New York

● (12:09) Lessons from state experiences

● (13:14) Thomas Jefferson's experience in Virginia

● (13:26) Jefferson's governance challenges

● (14:21) Investigating Jefferson's conduct

● (15:19) Fear of executive power

● (15:41) Jefferson's mixed feelings on the Constitution

● (16:17) Constitutional powers vs. crisis management

● (17:15) Jefferson's legacy

● (17:59) States vs. national government

● (18:18) Articles of Confederation overview

● (19:26) Independence of states

● (20:53) Weaknesses of the Articles

● (22:10) Challenges of taxation

● (24:21) Debt and economic issues

● (25:10) George Washington's leadership

● (26:03) Military limitations of the Articles

● (26:27) Shays' Rebellion and constitutional reform

● (26:52) The creation of the U.S. Constitution

● (27:00) Hamilton's experience

● (27:44) Crisis government

● (29:43) Constitutional context of rebellion

The American presidency is likely the key contribution of the American Founding. And it's in response to democracy's inability to handle crisis. This is the dark logic of the American presidency at its heart.

You want to grant all necessary powers within the tension between the rule of law and the energetic executive, which is inherent in our system.

And the way you do this is to 1) Grant powers; and 2) Grant insulation.