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Sam Breitbart

Sam Breitbart

Counsel in the Democracy Program at Brennan Center for Justice; constitutional law expert specializing in presidential power and history's role in litigation

Jul 2, 2026

9:24
It's not totally crazy to want to have the president be able to control the policy of the executive branch because otherwise it's really hard to get anything done, right?
9:34
There's no question that it's important to have presidents who can achieve their policy outcomes, and that means utilizing agencies, but also presidents.
9:41
And this is extremely important are underneath the law.
9:44
They are not officers above the law, much as the Supreme Court in US v. Trump has suggested otherwise.
9:51
And they have to respect the law that Congress passes.
9:55
And when Congress organizes the executive branch in a particular way by establishing an independent agency, then all the president can do is, as the Constitution also says, take care that the law be faithfully executed.
10:06
They don't get to decide what the law is.

10 MINS LATER

19:50
As opposed to a way you actually build a modern

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