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In this episode of NYCLA's Amicus Curiae podcast with host Daniel K. Wiig, we sit down with Zack Smith, Senior Legal Fellow and Manager of the Supreme Court and Appellate Advocacy Program at the Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation. Smith shares his perspective on executive orders, executive authority, and presidential power under Article 2 of the United States Constitution. He explores how the modern administrative state has shaped ongoing debates about presidential control, the powers of co-equal branches, and the scope of judicial review.
The conversation covers the courts' role in reviewing executive actions, including temporary restraining orders and other forms of judicial relief. Smith also discusses legal questions related to immigration and the Fourteenth Amendment, including birthright citizenship.The episode highlights the importance of ongoing dialogue about the constitutional structure, the balance of powers, and the interpretation of executive authority.
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