Executive Discretion Fills Congress's Voids

Resources

Resources & Recommendations

Books

• [Janet Napolitano's Book] - Mentioned by the host as being published during the first Trump term, it provided insights into her experience managing the Department of Homeland Security.

People Mentioned

• Janet Napolitano (Former Secretary of Homeland Security under President Obama, former Governor and Attorney General of Arizona, former President of the University of California, current faculty at Goldman School of Public Policy at UC Berkeley) - The main guest for the episode, sharing her extensive executive experience and insights into Article 2 of the Constitution.
• Elizabeth Joe - Co-host of the podcast, who led the discussion on constitutional law regarding the Trump administration's actions.
• Roman Mars - Host of the podcast, who interviewed Janet Napolitano and Elizabeth Joe.
• President Obama - Referenced for his presidency during which Janet Napolitano served as Secretary of Homeland Security and for his approach to executive orders and the DACA program.
• President Trump - Referenced for his administration's actions regarding immigration, executive orders, and the use of military force, which are discussed through the lens of constitutional law.
• Abraham Lincoln - Referenced in the discussion of the "Prize Cases" and his use of presidential war power during the Civil War.
• Richard Nixon - Mentioned in the context of the War Powers Resolution, which was passed over his veto.
• Muammar Gaddafi - Mentioned as the leader of the regime targeted during the Libyan intervention in 2011.

Organizations & Institutions

• Goldman School of Public Policy at UC Berkeley - Where Janet Napolitano currently teaches.
• University of California - The largest public university system in the country, which Janet Napolitano led after leaving the Obama administration.
• Department of Homeland Security (DHS) - The federal department that Janet Napolitano led, discussed in detail regarding its formation, functions, and challenges.
• USCIS (Citizenship and Immigration Services) - A branch of DHS responsible for collecting information for programs like DACA.
• ICE (Immigration and Customs Enforcement) - A component of DHS, discussed in the context of immigration enforcement and raids.
• FEMA (Federal Emergency Management Agency) - A component of DHS, discussed regarding its role in disaster response and improvements made during Napolitano's tenure.
• TSA (Transportation Security Administration) - A component of DHS, mentioned for its role in airport security and the development of PreCheck.
• Secret Service - A component of DHS, mentioned as one of the seven major operational agencies.
• Coast Guard - A component of DHS, mentioned as one of the seven major operational agencies.
• Office of Legal Counsel (OLC) - A part of the Justice Department that provides legal advice to the president, discussed in the context of justifying military actions.
• National Security Council - Mentioned as a body used by President Obama to generate policy ideas.
• Domestic Policy Council - Mentioned as a body used by President Obama to generate policy ideas.
• NATO - Mentioned in the context of the 2011 intervention in Libya.
• United Nations Security Council - Mentioned for passing a resolution for military intervention in Libya in 2011.
• Department of Justice - Referenced for its legal opinions on DACA and its role in the Office of Legal Counsel.
• Department of Defense (DoD) - Mentioned as the largest federal department, with concerns raised about its leadership.
• Department of Health and Human Services (HHS) - Mentioned with concerns about its leadership.
• EPA (Environmental Protection Agency) - Mentioned in a hypothetical scenario about attracting scientists to government service.
• FDA (Food and Drug Administration) - Mentioned in a hypothetical scenario about attracting scientists to government service.

Other Resources

• Deferred Action for Childhood Arrivals (DACA) - A program initiated by Janet Napolitano that allows undocumented young adults who arrived in the United States as children to be protected from deportation and obtain work authorization.
• War Powers Resolution (War Powers Act of 1973) - A formal law passed over President Nixon's veto, designed to ensure congressional involvement in presidential decisions to use military force.
• 2001 Authorization for the Use of Military Force (AUMF) - A law passed after the September 11th attacks, allowing the president to use military force against those responsible for the attacks, discussed for its broad scope and continued use.
• The "Prize Cases" (1863 Supreme Court Decision) - A landmark Supreme Court case that affirmed President Lincoln's authority to impose a naval blockade during the Civil War, endorsing the idea of inherent presidential war power in certain circumstances.