When the Constitution Meets Realpolitik: Why Paper Rules Can't Always Stop Power

Two constitutional scholars, William Cooper and Edward Larson, explore how the framers’ reliance on virtue collides with modern politics: slow courts, partisan Congresses, standing rules, and executive unilateral actions can let presidents act even when the law says otherwise. Using concrete examples—foreign emoluments, war powers, tariffs, and recent presidential strategies—the hosts examine failures and partial remedies (lawsuits, appropriations, potential amendments) and consider whether courts or Congress can restore constitutional guardrails.