Braden

Courts Can Restrain Executive Power, but the Checks Move Slowly

Michael McConnell argues that constitutional checks on presidential power can work, but often move more slowly than the executive branch. In a Hoover Institution discussion, the former federal appellate judge points to immigration enforcement and tariffs as cases where courts challenged administration actions, while arguing that the boundary between lawful executive authority and overreach remains especially difficult to draw in foreign affairs. He also defends a decentralized court system, saying multiple courts should develop legal arguments before a nationwide resolution.