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Philip Wallach
Senior Fellow at the American Enterprise Institute (AEI) and author of "Why Congress" (Oxford University Press, 2023), specializing in America's separation of powers and the relationship between Congress and the administrative state.
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Aug 27, 2026
Why Congress: An interview with Philip Wallach
41:26
Jay CostHOST
And I wonder if you could talk a little bit about the shift in thinking on the right or when it happened, why it happened, how the right went from being skeptical of executive authority to sort of embracing it and the consequences of that shift.
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41:45Philip WallachGUEST
So, yeah, I think there's these two thinkers, conservative thinkers who articulate these great defenses of Congress and in the 1950s.
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42:01Philip WallachGUEST
So I'm thinking of James Burnham's Congress in the American Tradition, which is a really great book.
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42:08Philip WallachGUEST
And, uh, Wilmore Kendall's various writings, but especially the two majorities, um, which, which he, I think penned in, in about 1960.
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42:23Philip WallachGUEST
Um, I think conservatives at that moment had this really great sense of how Congress embodied the manliness in a way that's very much informed my thinking that I've shared with you.
15 MINS LATER
2/2: #TRADE: AND CONGRESS FOR JEFFERSON, MADISON, HOOVER, ROOSEVELT, KENNEDY, NIXON AND TRUMP. PHILIP WALLACH, AEI, CIVITAS INSTITUTE.
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2:20Philip WallachGUEST
Well, I think this was another law meant to facilitate presidential expansion of free trade.
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2:27Philip WallachGUEST
But this one does contain this clause, Section 232, which gives the president power to slap on tariffs that he says are necessary to protect national security.
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2:38Philip WallachGUEST
So you can, you can imagine, uh, in a Cold War context, Congress wanted to make sure that, that a free trade agreement w- wouldn't jeopardize America's safety in some ways.
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2:48Philip WallachGUEST
And, and, and giving the president the power to, to protect the inf- interests of the nation.
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2:54Philip WallachGUEST
Um, you know, I, I'm not a, I'm not a full expert on exactly how this has been used over the years, but, uh, I think it mostly lay fallow for a while.
1/2: #TRADE: AND. CONGRESS FOR JEFFERSON, MADISON, HOOVER, ROOSEVELT, KENNEDY, NIXON AND TRUMP. PHILIP WALLACH, AEI, CIVITAS INSTITUTE.
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1:49Philip WallachGUEST
Um, basically, the, the point here is that when Congress starts making trade law, right in the early days of our republic, it gives a role to the president.
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2:00Philip WallachGUEST
And it's not just that the president needs to, uh, have some customs agent out in the port cities who can do the enforcement, it's that actually Congress passes a law such that the president can make a finding that changes what kind of tariffs we're going to have at all.
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2:19Philip WallachGUEST
So they're trying to navigate the very tricky diplomatic landscape of the Napo- Napoleonic Wars, where both the British and the French are, are, are preying on American shipping at various times.
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2:32Philip WallachGUEST
And so they passed some laws at the end of the Jefferson administration and into the early years of the Madison administration, where they give the president a role to decide a- a- are the British or the French behaving better now? If you determine yes, then our tariff policy will change.
5 MINS LATER
PREVIEW: Author Philip Walach, "Why Congress" (2023), comments on the history of Congress handing off the tariff and protectionist power to POTUS, from Jefferson to FDR to Trump. More later.
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1:26Philip WallachGUEST
I would say F- FDR, eh, was a man of many contradictions, but he did run in 1932 a- as somebody who was gonna bring freer trade as one antidote to America's economic woes, and he delivered on that.
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1:43Philip WallachGUEST
He appointed as Secretary of State, Cordell Hull, uh, who was a, a principled free trader who had been an opponent of, of the earlier rounds of tariffs.
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1:53Philip WallachGUEST
And the Democratic Congress of 1933 moved pretty quickly to empower FDR as their way of lowering tariffs.
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2:05Philip WallachGUEST
We know that we as legislators have all these parochial interests that pe- that we've been looking out for too much.
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2:11Philip WallachGUEST
We need to have the president act on behalf of the national interests to negotiate better deals for the American people." And so over the course of his, you know, three-plus terms in office, FDR was empowered to do this by Congress and he did negotiate many of these deals.