Panel 5: Internal Executive Branch Resistance

An alternative remedy to abuse of presidential power is internal executive branch resistance. There were widespread reports during the Trump presidency of possible resistance by high-level executive branch members, from the cabinet to the military. Indeed, many across the ideological spectrum called for such action, especially because individuals on the inside of the administration arguably were best positioned to know when a breakdown of our democratic order was imminent. What is the legal and historical basis for such resistance? What are the constitutional implications of civil servants and other officials taking this type of power into their own hands? What reforms are necessary to help provide appropriate channels with checks and balances so that civil servants can sound the alarm without threatening a coup?

Moderator: Amanda L. Tyler, University of California, Berkeley School of Law

LOCATION: Paul Brest Hall
DATE: May 18, 2024
TIME: 1:30 pm - 3:00 pm
Rebecca IngberJennifer MascottSantiago PĂ©rezAmanda L. TylerChristopher J. Walker
Back to top