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Trump and the Courts: Will Our Guardrails Hold?
Mon, May 12th, 2025
Live Online
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Three months into his presidency, Donald Trump has embarked on an unprecedented effort to aggrandize executive power and extend his reach over the judiciary, Congress, the media, and even American culture and society. Perhaps the most alarming aspect has been his battle with the judiciary. The president has called for the impeachment of a federal judge; his executive orders have challenged, if not violated, constitutional norms; and his Justice Department has slow-walked, if not ignored, the rulings of the federal judiciary, including the Supreme Court. “Never in history has the country faced such a massive flood the zone strategy,” writes the Carnegie Endowment’s President Mariano Florentino (Tino) Cuéllar in Foreign Affairs.
Can the republic’s guardrails hold? Other than the courts, what are the constraints on the abuse of presidential power? What role do the markets, the states, the media, and public opinion play? And what are the consequences for America if these guardrails don’t hold?
Join Aaron David Miller as he engages the Carnegie Endowment’s Tino Cuéllar and Harvard’s Learned Hand Professor of Law Jack Goldsmith to shed light on how these issues may play out and what their implications are for America’s changing place in the world on the next Carnegie Connects.
Carnegie does not take institutional positions on public policy issues; the views represented herein are those of the author(s) and do not necessarily reflect the views of Carnegie, its staff, or its trustees.
Event Speakers
Aaron David Miller
Senior Fellow, American Statecraft Program
Aaron David Miller is a senior fellow at the Carnegie Endowment for International Peace, focusing on U.S. foreign policy.
Mariano-Florentino (Tino) Cuéllar
President, Carnegie Endowment for International Peace
Mariano-Florentino (Tino) Cuéllar is the tenth president of the Carnegie Endowment for International Peace. A former justice of the Supreme Court of California, he has served three U.S. presidential administrations at the White House and in federal agencies, and was the Stanley Morrison Professor at Stanford University, where he held appointments in law, political science, and international affairs and led the university’s Freeman Spogli Institute for International Studies.
Jack Goldsmith
Learned Hand Professor, Harvard Law School
Jack Goldsmith is the Learned Hand Professor of Law at Harvard Law School, a non-resident Senior Fellow at the American Enterprise Institute, and co-founder of Lawfare. He teaches and writes about presidential power, national security law, federal courts, conflict of laws, international law, and internet law.