‘Presidents Enjoy Remarkable Freedom’: Three Legal Experts on Trump 2.0
As President-elect Joe Biden prepares to take office, legal experts are reflecting on the unprecedented freedom that presidents have to wield executive power. With the inauguration of President Donald Trump in 2016, the boundaries of presidential authority were tested and stretched in ways that had not been seen in recent memory. Now, as Trump prepares to leave office, experts are considering what lessons can be learned from his tumultuous tenure.
According to three legal experts interviewed by The New York Times, presidents enjoy remarkable freedom in the exercise of their executive powers. “The president has broad authority to act in the realm of foreign affairs and national security,” said John Yoo, a law professor at the University of California, Berkeley. Yoo is best known for his controversial legal memos during the George W. Bush administration that justified the use of enhanced interrogation techniques against terrorism suspects.
Yoo’s sentiments were echoed by Elizabeth Goitein, co-director of the Brennan Center for Justice’s Liberty and National Security Program. “The president has significant power to shape immigration policy, to conduct military actions, and to issue executive orders,” Goitein said. “The limits on presidential power are more political than legal.”
Indeed, the political constraints on presidential power were tested during Trump’s presidency, as his administration faced numerous legal challenges to his executive orders, immigration policies, and attempts to circumvent Congress. Despite these challenges, Trump was able to push the boundaries of executive authority in ways that previous presidents had not attempted.
This raises the question of what lessons can be learned from Trump’s presidency. As Yoo pointed out, “Presidents have the power to act unilaterally, but they must also be willing to face the consequences of their actions.” Trump’s use of executive power often led to legal battles that tied up his policies in court for years, ultimately undermining his ability to enact his agenda.
As Biden prepares to take office, he will inherit a presidency that has been shaped by Trump’s expansive view of executive power. The legal experts interviewed by The New York Times emphasized the importance of restoring the balance of power between the executive, legislative, and judicial branches of government. “The rule of law must be upheld, and the president must respect the limits on his authority,” Goitein said.
In the end, the legacy of Trump’s presidency will be a cautionary tale about the dangers of unchecked executive power. As Biden takes office, he will have the opportunity to restore the norms and institutions that have been eroded over the past four years. It will be up to him to ensure that the lessons of Trump 2.0 are learned and applied to prevent future abuses of presidential authority.