Democracy Decoded

How Democracy Is Impacted by the Expansion of Presidential Power

Presidential power has expanded far beyond what the framers of the Constitution envisioned. From Lincoln and Roosevelt to Nixon and Trump, presidents have pushed the limits of executive authority — often during moments of crisis. Understanding this history is key to understanding what comes next for American democracy

In this episode, host Simone Leeper speaks with American historians Douglas Brinkley and Rick Perlstein, CLC Executive Director Adav Noti and Juan Proaño, CEO of LULAC. In conversation, they trace how the presidency has gathered sweeping power over time; what happens when oversight of this executive power breaks down; and what legal, legislative and civic reforms could restore accountability, prevent presidential overreach and safeguard the constitutional separation of powers that defines the United States.

Host and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

Juan Proaño is an entrepreneur, technologist and business leader who is active in civic affairs, social impact, and politics He has served as the League of United Latin American Citizens (LULAC) Chief Executive Officer (CEO) since November 2023. As LULAC’s CEO, Juan oversees the day-to-day operations at LULAC; identifies strategic growth areas; and works to amplify the organization’s advocacy initiatives and action-oriented programs.

Rick Perlstein is an American historian, writer and journalist who has garnered recognition for his chronicles of the post-1960s American conservative movement. He is the author of five bestselling books. Perlstein received the 2001 Los Angeles Times Book Award for History for his first book, Before the Storm: Barry Goldwater and the Unmaking of the American Consensus, and appeared on the best books of the year lists of The New York Times, The Washington Post and the Chicago Tribune. His essays and book reviews have been published in The New Yorker, The New York Times, The Washington Post, The Nation, The Village Voice and Slate, among others. A contributing editor and board member of In These Times magazine, he lives in Chicago.

Douglas Brinkley is the Katherine Tsanoff Brown Chair in Humanities and Professor of History at Rice University, CNN Presidential Historian and a contributing editor at Vanity Fair. He works in many capacities in the world of public history, including on boards, museums, colleges and historical societies. The Chicago Tribune dubbed him “America’s New Past Master.” The New York Historical has chosen Brinkley as their official U.S. Presidential Historian. His recent book Cronkite won the Sperber Prize, while The Great Deluge: Hurricane Katrina, New Orleans and the Mississippi Gulf Coast received the Robert F. Kennedy Book Award. He has received a Grammy Award for Presidential Suite and seven honorary doctorates in American Studies. His two-volume annotated The Nixon Tapes recently won the Arthur S. Link – Warren F. Kuehl Prize. He is a member of the Century Association, Council of Foreign Relations and the James Madison Council of the Library of Congress. He lives in Austin, Texas, with his wife and three children.

Adav Noti coordinates all of Campaign Legal Center's operations and programmatic activities, overseeing CLC's efforts to protect elections, advance voter freedom, fix the campaign finance system, ensure fair redistricting and promote government ethics. Adav has conducted dozens of constitutional cases in trial and appellate courts and the United States Supreme Court. He also advises members of Congress and other policymakers on advancing democracy through legislation. Prior to joining CLC, Adav served for more than 10 years in nonpartisan leadership capacities within the Office of General Counsel of the Federal Election Commission, and he served as a Special Assistant United States Attorney for the District of Columbia. Adav regularly provides expert analysis for television, radio and print journalism.

Links:

Voting Is an American Freedom. The President Can’t Change That
What Are Executive Orders and How Do They Work?
The Significance of Firing Inspectors General: Explained
CLC's Kedric Payne on Trump's Brazen Removal of Nation’s Top Ethics Official
The Justice Department Is In Danger Of Losing Its Way Under Trump
It’s almost Inauguration Day. Will there be any checks on Trump’s power? – Trevor Potter op-d in The Hill
Amidst the Noise and Confusion – Trevor Potter’s newsletter
Understanding Corruption and Conflicts of Interest in Government
CLC Sues to Stop Elon Musk and DOGE’s Lawless, Unconstitutional Power Grab
Trump’s Executive Orders 2025 – Federal Register
Preserving and Protecting the Integrity of American Elections (Trump’s EO on voting) – The White House
Defending the Freedom to Vote from the Trump Administration’s Unconstitutional Presidential Overreach (LULAC, et al. v. Executive Office of the President)
CLC Sues to Block Trump Administration’s Illegal Election Overreach
Victory! Anti-Voter Executive Order Halted in Court
Understanding the election tech implications in the Trump Administration’s executive order – Verified Voting
Independent Agencies Must Remain Independent
Can President Trump Do That?
Why Birthright Citizenship Is an Essential Part of Our Democracy
Authoritarianism, explained – Protect Democracy
The Authoritarian Playbook – Protect Democracy
U.S. Supreme Court Significantly Limits Restraints on Unconstitutional Presidential Actions
Reconciliation Bill Passes the Senate Without Two Dangerous Provisions: Campaign Legal Center Reacts
The “Self-Evident” Case for Opposing Tyranny – Trevor Potter’s Newsletter
White House Eyes Rarely Used Power to Override Congress on Spending – NY Times

How the U.S. Supreme Court Is Drastically Reshaping American Democracy

The U.S. Supreme Court has vastly reshaped American democracy — rolling back voting rights, enabling secret money in politics and expanding presidential power. These decisions have a real impact on all Americans by making it harder for citizens to exercise their freedom to vote, easier for wealthy interests to sway elections and more difficult to hold leaders accountable.

In this episode, host Simone Leeper speaks with law professor and co-host of the Strict Scrutiny Podcast Leah Litman, Campaign Legal Center Senior Vice President Bruce V. Spiva and Campaign Legal Center Campaign Finance Senior Counsel David Kolker. Together, they unpack the real-world impact of landmark Supreme Court decisions — from voting rights cases like Shelby County v. Holder and Brnovich v. DNC to campaign finance rulings like Citizens United — and explore what reforms could restore balance, accountability and trust in the Court.

Hosts and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

Leah Litman is a professor of law at the University of Michigan and a former Supreme Court clerk. In addition to cohosting Strict Scrutiny, she writes frequently about the Court for media outlets including The Washington Post, Slate, and The Atlantic, among others, and has appeared as a commentator on NPR and MSNBC, in addition to other venues. She has received the Ruth Bader Ginsburg award for her “scholarly excellence” from the American Constitution Society and published in top law reviews. Follow her on Bluesky @LeahLitman and Instagram @ProfLeahLitman.

Bruce V. Spiva is Senior Vice President at Campaign Legal Center. He is an attorney and community leader who has spent his over 30-year career fighting for civil rights and civil liberties, voting rights, consumer protection, and antitrust enforcement.

Over the past three decades, he has tried cases and argued appeals in courtrooms across the country, including arguing against vote suppression in the United States Supreme Court in 2021. In 2022, in his first run for public office, Bruce mounted a competitive run in the primary election for Washington, D.C. Attorney General.

In addition to founding his own law firm where he practiced for eleven years, Bruce has held several leadership and management positions as a partner at two national law firms. Most recently, Bruce served as the Managing Partner of the D.C. Office and on the firm-wide Executive Committee of Perkins Coie LLP, where he also had an active election law practice. He first-chaired twelve voting rights and redistricting trials across the country, and argued numerous voting rights appeals in U.S. circuit courts and state supreme courts during his tenure at Perkins.

David Kolker is Campaign Finance Senior Counsel at Campaign Legal Center. He focuses on both short- and long-term strategies to improve campaign finance laws across the country, and precedent interpreting those laws. David has spent decades litigating cases in both the public and private sectors.

He worked for nearly 20 years at the Federal Election Commission, where he litigated cases on federal campaign finance law and for several years led the agency’s Litigation Division. He represented the government in dozens of oral arguments, including the government’s defense in SpeechNow.org v. FEC before the D.C. Circuit sitting en banc. He litigated many cases decided by the Supreme Court, including the landmark cases of McConnell v. FEC and Citizens United v. FEC. David joined CLC from the Federal Communications Commission, where he served as the deputy bureau chief, Enforcement Bureau. He previously was a partner at the law firm Spiegel and McDiarmid in Washington. Early in his career, David worked as a trial attorney in the Civil Rights Division of the United States Department of Justice.

Links:

The Supreme Court Needs to Start Standing Up for Democracy
The Supreme Court's Role in Undermining American Democracy
Supreme Court’s Impact on Voting Rights Is a Threat to Democracy
Why the Current U.S. Supreme Court Is a Threat to Our Democracy  
U.S. Supreme Court Reinstates Illegal Virginia Voter Purge at the Eleventh Hour
What Does the U.S. Supreme Court’s Recent Arizona Decision Mean for Voters?
Alito Flags the Fatal Flaw of the Supreme Court Ethics Code
U.S. Supreme Court Reinstates Illegal Virginia Voter Purge at the Eleventh Hour
Improving Ethics Standards at the Supreme Court
Supreme Court tossed out heart of Voting Rights Act a decade ago, prompting wave of new voting rules – The Hill
U.S. Supreme Court Significantly Limits Restraints on Unconstitutional Presidential Actions
Campaign Legal Center Responds to SCOTUS Ruling Limiting Court Restraints on Unconstitutional Presidential Actions
Protecting the Promise of American Citizenship
Bringing the Fight for Fair Voting Maps to the U.S. Supreme Court
The Supreme Court Must Uphold Fair Voting Maps for Fair Representation