28 Nov 2025
1h 22m

Constitution Breakdown #4: Janet Napolitano

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99% Invisible

In this episode of 99% Invisible's breakdown of the Constitution, Roman Mars and Elizabeth Jo interview Janet Napolitano about Article Two, focusing on the executive branch. Napolitano shares her experiences as Secretary of Homeland Security under President Obama, detailing the balance between implementing presidential policies and generating new proposals, using the DACA program as a case study. The conversation shifts to the Take Care Clause and prosecutorial discretion, examining the Trump administration's use of executive orders and the Supreme Court's role. Elizabeth then leads a discussion on the war powers of the president, using the Civil War prize cases as historical context, and then analyzes the legality of the Trump administration's military strikes on Venezuelan boats in the Caribbean, questioning their justification under constitutional law and the War Powers Resolution.

Outlines

Part 1: Executive Branch & Policy

Part 2: War Powers & Legal Framework

Part 3: Congressional Oversight

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