Original Content

Charter Member Keith Whittington in Conversation with Jack Goldsmith

September 25, 2025

Charter Member Keith Whittington, David Boies Professor of Law at Yale Law School, joined Jack Goldsmith on Executive Functions to discuss his book The Political Foundations of Judicial Supremacy and its relevance today.

Whittington explains how past presidents, such as Jefferson, Jackson, Lincoln, and Franklin D. Roosevelt, reshaped the constitutional meaning, and he considers whether Donald Trump fits that pattern. The conversation highlights the tension between judicial supremacy and departmentalism, the scope of presidential ambition, and the stakes for the balance of power between the executive and the courts.

Check out the full interview here:

Is Donald Trump a Reconstructive President? by Jack Goldsmith

When presidents push back against the courts

Read on Substack