American Crisis
American Crisis
American Crisis, Ep. 5: Neal Katyal on whether the Constitution gives American presidents too much power
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American Crisis, Ep. 5: Neal Katyal on whether the Constitution gives American presidents too much power

Democracy is endangered when presidents believe that they are above the law

If we hadn’t all been worn down by the relentless turmoil of Donald Trump’s rise to political power, the events of recent weeks would be even harder to believe.

Richard Nixon, an older white man with swept back hair in a grey suit, stands behind a podium with microphones in front of an American flag.
Years after he resigned in disgrace, Richard Nixon infamously declared that “when the president does it, that means it is not illegal.” Five decades after Watergate, Donald Trump has echoed that undemocratic sentiment / Getty Images

Even though we are somewhat jaded, the barrage of criminal indictments and ominous investigations still have the power to stun. But they haven’t stopped Trump’s drive to win the presidency again next year. If he prevails (and it’s very far from impossible), he has already been clear about what he wants to do: Change the rules so that American democracy looks much more like an authoritarian state.


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The stakes of this moment are high. So my conversation with prominent constitutional lawyer and law professor Neal Katyal is a timely one. In addition to his impressive professional accomplishments, Neal is also a new Substack podcaster. As the host of Courtside, he takes up a different Supreme Court case each episode in conversation with celebrity guests including John Legend, Rob Reiner and Katie Couric.

In our conversation, I particularly appreciated how Neal puts today’s events in the context of Watergate — another hinge moment in American history. Like Trump, Nixon seemed to believe (and later declared) that the president is above the law.

Portrait of a man with dark graying hair and glasses in a suit jacket superimposed over an image of the Supreme Court
Neal Katyal is a not only a lawyer who has argued 50 cases before the Supreme Court; he’s also a Substack podcaster. His Courtside podcast looks at Supreme Court cases in conversation with celebrity guests.

Neal’s optimism, expressed at the end of the podcast, is inspiring. And his view of journalism’s role is on point. I hope you’ll enjoy the conversation and learn as much as I did.

I’m very grateful to the thousands of new subscribers to American Crisis. Particular thanks to those who have decided to support my work with a paid subscription, and in some cases, have sent me messages of appreciation. With the assault on truth, combined with the economic tumult of the media industry, this can be a discouraging time to be a journalist. So your kind words — along with your interest and attention here — mean the world to me.

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