Politics with Paul
Politics with Paul
Approachable, nonpartisan, and nonideological analysis of various political topics by nonpartisan political analyst, writer, researcher, and speaker Paul Rader.
Paul Rader
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Politics with Paul #27: Separation of Powers, Its Debates, and How Trump Factors in

E28 • Feb 18, 2025 • 59 mins

The separation of powers is a fundamental component to the American system of government. In general, the executive branch executes laws, the legislative branch writes laws, and the judicial branch interprets laws. But while the absolute basics are straightforward, there are many nuances to the debate as to what responsibilities and powers are within each branch's sphere, how each branch can and should check and balance the other two, and whether the separation of powers is being threatened by the actions (or inaction) or one or more branches. Today's episode gives a rundown of what separation of powers is and why we have it. It also discusses various general debates as to what each of the executive, legislative, and judicial branches is allowed to do, whether one branch is taking too much power, whether the other branches are allowing another to take too much power, and how Donald Trump (particularly in his 2nd term) factors into the equation. Buckle up!

Key Points

  • The separation of powers is a fundamental principle in the U.S. government designed to prevent any one branch from gaining excessive power, ensuring a balance between the executive, legislative, and judicial branches.
  • Executive orders, while a necessary tool for the president, raise questions about circumventing Congress's legislative authority and the potential overreach of executive power, especially under administrations with high volumes of such orders like Donald Trump's.
  • The end of Chevron deference, influenced by Trump's Supreme Court nominees, marks a significant shift in how federal courts interact with executive agencies, potentially limiting the executive branch's ability to interpret and implement congressional statutes.
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