A great Gary Schmitt line Peter Baker’s piece on presidential powers in the New York Times today:
Gary J. Schmitt, a scholar at the American Enterprise Institute who was the executive director of a presidential intelligence board under Reagan, said one thing that had changed was the willingness of courts to involve themselves in what historically has been a tug of war left to the other two branches of government to resolve between themselves.
In part, he said, that may reflect the changing challenges of recent years. “In both these cases, the last two presidencies, it’s just a much more complex, interesting set of issues,” he said. But he said it would be better for courts to stay out and let the executive and legislative branches resolve it themselves.
“My large take,” he said, “is that lawyers shouldn’t be allowed to play around with the Constitution.”
In part, he said, that may reflect the changing challenges of recent years. “In both these cases, the last two presidencies, it’s just a much more complex, interesting set of issues,” he said. But he said it would be better for courts to stay out and let the executive and legislative branches resolve it themselves.
“My large take,” he said, “is that lawyers shouldn’t be allowed to play around with the Constitution.”
