WTH: America’s 250th! John Yoo on the Supreme Court in 2026.

As the United States celebrates the 250th anniversary of the Declaration of Independence, fundamental questions about the Constitution and the balance of power are once again at the center of American politics. John Yoo joins to examine the Supreme Court's landmark term, arguing that its recent decisions have restored presidential authority over the administrative state, clarified the constitutional limits of independent agencies, and reaffirmed birthright citizenship in the 14th Amendment while leaving broader immigration policy in Congress's hands. All of this, as the Constitution intended. From executive power and the civil service to court packing, the filibuster, and the separation of powers, John considers whether the Court is actually reshaping American government and executive power or restoring an originalist vision of the Constitution. As calls to restructure the Court grow louder, are America's constitutional guardrails strong enough to withstand the political battles ahead? And once again, we ask whether Congress will do its job in weighing its own responsibilities in the system of checks and balances?

John Yoo is a nonresident senior fellow at the American Enterprise Institute, the Emanuel S. Heller Professor of Law at the University of California, Berkeley, and a Senior Research Fellow at the Civitas Institute at the University of Texas at Austin. Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. Professor Yoo has published almost 100 scholarly articles on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of The Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others. Professor Yoo’s latest book is The Politically Incorrect Guide to the Supreme Court.

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