最高法院是否制衡了特朗普？专家辩论

K LEADING UP TO THE NATION'S 250TH ANNIVERSARY, WITH MAJOR SUPREME COURT DECISIONS AND MORE PRIMARY UPSETS. TO DISCUSS THIS FURTHER, WE TURN TO THE ANALYSIS OF BROOKS AND CAPEHART -- THAT'S THE ATLANTIC'S DAVID BROOKS AND JONATHAN CAPEHART OF MS NOW. GREAT TO SEE YOU BOTH. LET'S BEGIN WITH THE SUPREME COURT. MAJOR DECISIONS, A QUICK RECAP FOR EVERYONE FOLLOWING ALONG. OVER THE TERM THEY HANDED PRESIDENT LOSSES ON TARIFFS, BIRTHRIGHT CITIZENSHIP, MAIL-IN BALLOTS.

THEY ALSO SAID HE COULD FIRE MEMBERS OF INDEPENDENT AGENCIES, THEY UPHELD A STATE BAN ON TRANS WOMEN IN SPORTS. DAVID, ONE COMMON THREAD SEEMS TO BE AN EXPANSION OF EXECUTIVE AUTHORITY GIVEN TO PRESIDENT TRUMP. IS THAT A GOOD THING? DAVID: NO. I WOULD HAVE TO SAY ON THE BIG AUTHORITARIAN POWER GRABS THE TRUMP TRIED, THE FEDERAL RESERVE, BIRTHRIGHT CITIZENSHIP, TARIFFS, NATIONAL GUARD TROOPS, THE COURT STOOD UP TO TRUMP AND SLAPPED HIM BACK DOWN.

THE COURT HATES TO TAKE ON A SITTING PRESIDENT BECAUSE THEY DO NOT WANT TO TAKE ON AN ELECTED OFFICIAL. THEY DO NOT WANT TO UPSET WHAT DEMOCRACY BROUGHT TO US. THE BIG AUTHORITARIAN POWER GRABS, THE SUPREME COURT DID PRETTY GOOD. THIS IS GRADING ON A LOW CURVE BUT THE MOST EFFECTIVE BRANCH OF GOVERNMENT WE HAVE RIGHT NOW. ON THE SLAUGHTER CASE, ABOUT THE FTC -- AMNA: THE FIRING OF THE COMMISSIONER. DAVID: I LIKE THE IDEA OF STARTING MOSTLY IN THE 1930'S FEDERAL RESERVE.

WE SET UP SOME AGENCIES THAT ARE PROTECTED FROM POLITICS. I THINK THAT WAS A GOOD THING TO DO. A SIGNIFICANT BRANCH OF LEGAL THINKERS HAVE THOUGHT, NO, THE ADMINISTRATION IS ELECTED BY PRESIDENT. IT SHOULD NOT BE CUSHIONED OFF FROM DEMOCRACY. I THINK THAT IS THE WRONG DECISION BUT IT IS REASONABLE. WHAT THE COURT DID ON THE SLAUGHTER CASE WAS NOT MY PREFERENCE BUT REASONABLE. ON THE BIG ISSUES OF PRESERVING DEMOCRACY, THE SUPREME COURT DID OK.

AMNA: THE SLAUGHTER COURSE OVERTURNED A 100 YEAR PRECEDENT. JONATHAN: I DO NOT KNOW IF THE SUPREME COURT DID OK BY DEMOCRACY. DAVID SAID YOU THOUGHT THE COURT DID NOT WANT TO UPSET WHAT DEMOCRACY BROUGHT TO US. DEMOCRACY BROUGHT TO US THE VOTING RIGHTS ACT OF 1965 AND THE SUPREME COURT JUST GUTTED IT, DECIMATED IT. STATES AROUND THE COUNTRY, PARTICULARLY IN THE SOUTH, MOVED QUICKLY IF NOT FASTER THAN WHEN THE COURT TOOK THE FIRST WHACK AT IT.

I AM NOT AS CHEERFUL WHEN IT COMES TO THE COURT. YES, STANDING UP TO THE PRESIDENT ON THE BIG AUTHORITARIAN PIECES, BUT THE VRA, PARTICULARLY CHIEF JUSTICE ROBERTS WANTING TO DO SOMETHING TO HIS MIND TO CORRECT IT PREDATES PRESIDENT TRUMP. THE OTHER THING ABOUT THE SUPREME COURT'S TERM IS A LOT OF DECISIONS THEY MADE, IT WOULD HAVE BEEN NICE IF CONGRESS WERE FUNCTIONING, AND HAD ACTUALLY EXERCISED ITS ARTICLE I BRANCH POWERS TO DO SOME OF THESE THINGS.

IT IS GREAT THE JUDICIARY IS FUNCTIONING BUT IT WOULD BE REALLY NICE IF THE LEGISLATIVE BRANCH STARTED ACTING LIKE A COEQUAL BRANCH OF GOVERNMENT. AMNA: LET'S TALK ABOUT WHAT COULD HAPPEN WITH THE LEGISLATIVE BRANCH AND SOME OF THE PRIMARY UPSETS WE TALKED