25 Years of Asking Questions: Why Do Presidents Push The Limits?
As part of the Robert H. Jackson Center’s 25th Anniversary Lecture Series, this program explores the powers, responsibilities, and limits of the American presidency. No matter which party holds the White House, the executive branch often tests the boundaries of authority, and the consequences of overreach can reshape the balance of government. In Youngstown Sheet & Tube Co. v. Sawyer (1952), President Truman attempted to seize control of steel mills during the Korean War, raising urgent questions about the scope of executive power. Justice Robert H. Jackson’s concurring opinion provided a careful framework for evaluating when presidential actions exceed constitutional limits, balancing national needs with adherence to the law.
This lecture will examine Jackson’s reasoning in detail, exploring the three-tiered framework he established for assessing executive authority and the enduring impact it has on debates over presidential power. From emergency actions to everyday decisions, Jackson’s insights continue to guide legal scholars, policymakers, and the public in understanding the delicate balance between effective leadership and constitutional restraint. Attendees will leave with a deeper appreciation for the ways in which Jackson’s thought shapes modern governance and the protections that uphold democratic principles in times of crisis.
About the Speaker
Gerard N. Magliocca is a Distinguished Professor and the Lawrence A. Jegen III Professor at the Indiana University Robert H. McKinney School of Law. He is the author of five books on constitutional law, including his new book The Actual Art of Governing: Justice Robert H. Jackson’s Concurring Opinion in the Steel Seizure Case, which offers a deep analysis of Jackson’s landmark concurring opinion and its continuing relevance to presidential power today. His biography of Justice Bushrod Washington won the Erwin N. Griswold Prize from the Supreme Court Historical Society.
Professor Magliocca earned his undergraduate degree from Stanford and his law degree from Yale. He joined the Indiana University faculty in 2001 after two years as an attorney and one year clerking for Judge Guido Calabresi on the U.S. Court of Appeals for the Second Circuit. He has held the Fulbright-Dow Distinguished Research Chair at the Roosevelt Study Center in the Netherlands and was a Fellow at the Washington Library at Mount Vernon.
Copies of The Actual Art of Governing: Justice Robert H. Jackson’s Concurring Opinion in the Steel Seizure Case will be available for purchase and signing at the event.