Episode 1: After The Fall | The Kingmakers

Summary

Podcast Summary

Master Plan – Episode 1: After The Fall | The Kingmakers

Podcast: Master Plan (The Lever & David Sirota)
Date: March 16, 2026
Host/Narrator: David Sirota
Notable Contributors: Amanda Hollis-Brusky, Rick Perlstein

---

Overview of the Episode

In the Season 2 premiere of Master Plan, David Sirota explores how the American presidency has crept towards monarchy-like power, especially through what is known as the "unitary executive theory." The episode traces the historic struggle between presidential authority and the constitutional checks of Congress, using pivotal moments from the Nixon and Trump administrations to frame a narrative of how democracy is subverted when small groups of “kingmakers” boost executive power for their interests.

---

Key Themes & Discussion Points

1. The "King" Presidency and Authoritarian Drift

• Sirota sets the stage with recent and historical examples of leaders consolidating power, naming Trump’s actions post-2024 as overtly monarchical (01:10–03:18).
• The “K word” (king) becomes part of U.S. political discourse, with widespread protests and genuine public anxiety over rising authoritarianism.
• Sirota asserts:

  "It's not an anomaly … it's a culmination … a well-planned coronation that's been a very long time in the making." (03:18–03:54)

2. The Unitary Executive Theory – The Master Plan

• While few protestors are aware of the actual term, the episode establishes the “unitary executive theory” as the intellectual and legal basis for expanding presidential power (03:54–04:13).
• Sirota summarizes:

  "It's a key part of a master plan to subvert democracy." (04:13–05:07)

• This theory is not just abstract – recent presidents and advisors are explicit about using it (05:07).

3. Historical Roots: Nixon as the “Original Sequel”

• The episode draws direct parallels between Trump’s and Nixon’s power grabs, especially over control of federal spending (“power of the purse”) and war powers (09:02–17:25).
• Nixon’s impoundment of Congressionally-allocated highway funds in Missouri is recounted (10:57–15:19).
  • Notable quote, Rick Perlstein:

    "Richard Nixon did what other presidents had done before him, but to a much greater degree… I'm just going to not spend the money. I'm going to make this decision myself." (~13:45)

• Nixon’s rationale: presidential discretion overrides congressional control (16:54–17:08).

4. Showdown over War Powers

• Nixon’s secret expansion of the Vietnam War into Cambodia, without new Congressional authorization, is detailed (19:31–22:17).
• Demonstrations and campus unrest climax at Kent State (22:55–23:24).
• The public and Congress respond, eventually repealing the Gulf of Tonkin Resolution (23:39–23:48), an action more symbolic than substantive.

5. Congressional Pushback: Watergate and Reform Era

• Watergate breaks open in tandem with Nixon’s bids to aggrandize presidential spending and war powers (26:01–27:02).
• Professor Amanda Hollis-Brusky:

  “This wave of Congressional reforms aimed to prevent another President from doing what Richard Nixon had done and to take back Congress’s power.” (27:02)

• The War Powers Resolution is passed over Nixon’s veto in a rare Congressional flex (29:15).
  • Key quote, Amanda Hollis-Brusky:

    “The burden of proof is then on the President … at the 60-day mark, if the President has not received authorization by Congress, the President must cease all military activities.” (29:50–30:15)

6. Restoring (Temporarily) the Power of the Purse

• Congress codifies its control over spending with a bill signed by Nixon shortly before his resignation, making it illegal for presidents to impound funds without permission (30:54–31:25).
• Even conservative Republicans like James Buckley see dangers in excessive presidential discretion (32:04):

  “If you concentrate enough power … it's going to be abused.”

7. The Erosion of Reform and the Modern Imperial President

• Initial reforms spark a reactionary backlash. Each subsequent president finds ways to chip away at restrictions, from Reagan’s air-traffic controller firings to post-9/11 war powers and surveillance expansions (34:07–34:51).
• Sirota cites Trump aide Stephen Miller as epitomizing the new orthodoxy:

  "The whole will of democracy is imbued into the elected President. That president then appoints staff to then impose that democratic will onto the government." (35:38–35:50)

8. How Did We Get Here?

• Sirota pinpoints “the vesting clause” of Article II as the constitutional hook used by kingmaking ideologues (36:22–37:40).
• The season promises a deep dive into how this seemingly innocuous line has been weaponized to justify ever-greater executive power.

---

Notable Quotes & Memorable Moments

• Parallels Between “Good” and “Bad” Kings:

  “For every mythical nice King Joffe Joffer, there’s a very good chance you’ll get a King Joffrey instead.” (05:40–05:49)

• Nixon’s Justification for Lawbreaking:

  “Well, when the President does it, that means that it is not illegal.” (38:10–38:26)

• On Checks and Balances:

  “Spending power is the real power. And one guy doesn’t get to decide that for the rest of us.” (approx. 13:45–14:05)

• Time is a Flat Circle: Recurrent use of the “True Detective” reference to show the cyclical nature of American abuses of executive power.

---

Important Segment Timestamps

| Segment | Description | |-----------------------------|------------------------------------------------------------------------------------| | 01:10–03:18 | Trump’s laundry list of authoritarian moves, public protests, “K word” discourse | | 03:54–05:07 | The Unitary Executive theory explained and put into context | | 09:02–15:19 | Nixon’s fight over the power of the purse, Missouri highways, introduction to impoundment | | 16:54–17:08 | Nixon outlines rationale for overriding Congress on spending | | 19:31–22:17 | Nixon’s secret expansion of Vietnam War to Cambodia | | 23:39–23:48 | Congress repeals the Gulf of Tonkin Resolution | | 27:02 | Amanda Hollis-Brusky on congressional reform wave | | 29:15–30:15 | War Powers Resolution details and limits outlaid | | 31:25–32:04 | Bipartisan support for budget reform law; James Buckley’s warning | | 34:07–34:51 | Post-Nixon presidencies pushing the boundaries—key examples | | 35:38–35:50 | Stephen Miller’s press briefing on democratic “will” vesting in the president | | 36:22–37:40 | The “vesting clause” and its subsequent use by “kingmakers” | | 38:10–38:26 | Nixon on “if the president does it, it's not illegal." |

---

Episode Tone & Storytelling Style

• Sirota narrates with urgency and dark humor (frequent pop culture, movie, and True Detective references).
• The tone is investigative but accessible, mixing historical narrative with present-day relevance.
• Frequent use of archival audio and paraphrased real-world events to animate the narrative.

---

Takeaways / Next Episode Preview

• The American presidency’s drift toward monarchical power is no accident—it’s the result of decades-long efforts by powerful actors and legal theorists.
• The next episode promises to explore the post-Nixon acceleration of these efforts, focusing on how a handful of phrases in the Constitution became the kingmakers’ weapon of choice.

---

This summary omits advertisements and non-content segments, focusing on the episode’s substantive material for listeners and newcomers alike.

Transcript

[David Sirota]

You're listening to the free ad supported version of our podcast. For an ad free experience, visit Levernews.com upgrade fiscally responsible financial Geniuses, Monetary Magicians these are things people say about drivers who switch their car insurance to Progressive and save hundreds. Because Progressive offers discounts for paying in full, owning a home and more. Plus, you can count on their great customer service to help when you need it. So so your dollar goes a long way. Visit progressive.com to see if you could save on car insurance. Progressive Casualty Insurance Company and affiliates. Potential savings will vary. Not available in all states or situations.

[Levernews Announcer]

The Lever.

[Narrator/Various Historical Figures]

China's President Xi Jinping watched a huge parade flanked by Russia's Vladimir Putin and North Korea's Kim Jong Un. Myanmar's military authorities using brutal violence and intimidation to force people to vote in forthcoming elections. The Pentagon is readying 1500 active duty

[David Sirota]

soldiers for possible deployment to Minnesota, where

[Narrator/Various Historical Figures]

President Trump has threatened to invoke the insurrection Act.

[David Sirota]

China, Russia, North Korea, Myanmar, all led by dictators known for cracking down on their citizens. And then there's. Wait there, the United States. It's been just over a year since the return of Donald Trump to the White House, and sending armed federal agents into American cities is just one item in a long laundry list of increasingly authoritarian moves.

[Narrator/Various Historical Figures]

President Trump has overseen America's largest military parade in decades.

[David Sirota]

Trump's actions have put the K word on the tip of many Americans tongues. And I don't mean K pop, I mean king.

[Narrator/Various Historical Figures]

We don't serve a king.

[Ronnie Ricobeni / Hiba Balfak]

Honey, you serve the people.

[David Sirota]

You are not a king.

[Levernews Announcer]

Never be a king.

[Narrator/Various Historical Figures]

No, kings means that it's government of the people, by the people, and for the people.

[David Sirota]

Now, that word king has often been thrown around as a compliment.

[Narrator/Various Historical Figures]

You're the best man. You are the king.

[David Sirota]

But when it comes to American democracy, king is a dirty word describing a president that many believe is out of control. He feels like he's, you know, he's a king.

[Narrator/Various Historical Figures]

He can do whatever he wants. And that's just not how America runs.

[David Sirota]

During the no Kings protests, millions of Americans flooded into the streets to express their genuine fear that the president is literally trying to become a king.

[Narrator/Various Historical Figures]

You know, this country is a democracy,

[Ronnie Ricobeni / Hiba Balfak]

so I feel like Donald Trump is

[Narrator/Various Historical Figures]

trying to be a dictator. That's what we have our declaration for. So we don't have kings anymore.

[David Sirota]

And their concern is valid. People are truly worried about a king or a dictator because Donald Trump has spent the last year acting like one.

[Narrator/Various Historical Figures]

Under the Trump administration, you will pay a tariff. We have hit hundreds of Targets in Iran, Venezuela, Los Angeles, Chicago, Minnesota. If we go to Portland, we're going to wipe them out.

[David Sirota]

Have some of these raids gone too far?

[Narrator/Various Historical Figures]

No, I think they haven't gone far enough. We're getting rid of programs that we didn't like in four years. You don't have to vote again. We'll have it fixed so good you're not going to have to vote now.

[David Sirota]

It may be comforting to tell yourself that this is all new and sudden and just the product of a reality TV star president and a historically shitty opposition party. But I have some bad news for you. This isn't new at all. And it's not an anomaly. This is more of a culmination or really a well planned coronation that's been a very long time in the making. You see, what Donald Trump is doing is part of something way bigger than Donald Trump, something that's been gaining traction in recent decades. It has a specific name.

[Narrator/Various Historical Figures]

Unitary Executive. Unitary Executive. This unitary Executive theory.

[David Sirota]

But when we asked people at the no Kings protests, have you heard of

[Narrator/Various Historical Figures]

anything called the unitary Executive theory?

[David Sirota]

The answers were pretty consistent. I haven't heard that term before.

[Narrator/Various Historical Figures]

Unitary Executive theory. No, never.

[David Sirota]

The Unitary Executive theory, that's the technical legal term for the carefully sculpted plan to give the President limitless power to do whatever he wants. It's a key part of a master plan to subvert democracy. Season one of this podcast uncovered one part of that plan, the plot to legalize corruption so that public policy would not reflect what most people want. It would reflect what big money wants. In this season, we reveal another part of that master plan. We expose the master planners, or really the would be kingmakers, whose unitary executive theory is designed to turn the President into a king so that he and his minions and his donors can do whatever they want, regardless of any other democratic check on his power. And don't take my word for it, these master planners are now just saying it right out loud.

[Narrator/Various Historical Figures]

I have the right to do whatever I want as president.

[David Sirota]

Now you may be thinking, what's the big deal here? Sure, some people may not like what Trump is doing, but he did win an election. He's just using his power to do what he promised. And if folks don't like that, then maybe the problem isn't kings. It's that America just needs to elect a better, nicer king. Maybe like James Earl Jones in the movie Coming to America, I am King Joffre Joffer, ruler of Zamunda, or James Earl Jones in the Lion King, A

[Narrator/Various Historical Figures]

king's time as ruler rises and falls like the sun.

[David Sirota]

But here's the problem. For every mythical nice King Joffe Joffer, there's a very good chance you'll get a King Joffrey instead.

[Narrator/Various Historical Figures]

Ser Ilyn, bring me his head.

[David Sirota]

Two centuries before HBO's Game of Thrones, America's founders seem to understand this axiom. They seem to understand that things tend to go wrong when a society gives all the power to one person. You know, like mad King George iii. I will kill your friends and family to remind you of my love. That's one of the reasons those founders wrote a constitution chock full of checks and balances. But over the last 50 years, those checks and balances have been weakened. And that started well before Donald Trump was ever on the national political scene.

[Narrator/Various Historical Figures]

When the President does it, it is not illegal. I'm the decider and I decide what is best. Where they won't act, I will.

[David Sirota]

In this season of Master Plan, we're going to reveal the hidden history that happened right under our noses. From legislative throwdowns to international scandals, to the rise of the surveillance state. We'll uncover obscure memos and courtroom arguments, unearth long forgotten tapes and parse a 40 year old best selling manifesto. All of which, when pieced together, have created a Frankenstein esque monster of executive power.

[Narrator/Various Historical Figures]

It's alive.

[David Sirota]

In the process of telling this tale, we're going to reveal how a country based on the rejection of kings ended up with a presidency on the verge of obtaining absolute power, regardless of what the law says and what the rest of us need. And like season one, this saga starts with cold hard cash. And specifically, who gets the power to decide how that cash is spent. I'm David Sirota. Welcome to season two of Master Plan. The Kingmakers.

[Narrator/Various Historical Figures]

Power.

[David Sirota]

Power.

[Narrator/Various Historical Figures]

Power. Power. Power. How about the mast? Thinking of a master plan? Maybe when you'd like a dictator. Executive power.

[Ronnie Ricobeni / Hiba Balfak]

Hi, I'm Ronnie Ricobeni and I write Lover Daily, the lovers newsletter. We know that keeping up with the news right now is overwhelming, to say the least. Scrolling through endless headlines is exhausting and frankly, it's not healthy. That's why we created Lever Daily, the cure for the Doom Scroll. It's a once a day email designed to deliver the most important and under reported news. In less than five minutes, you'll get a mix of the latest scoops, top headlines, deep dives and good news. Plus fun distractions like memes, history nuggets and random gems our newsroom is passing around. I like to think of Lever Daily as a quick, essential read. That makes you smarter without getting lost in the chaos. And best of all, it's totally free. No fluff, no spam. Just the one thing you need to read every day. Sign up for Lever daily [e-mail] daily and take back control of your news diet. That's levernews.com daily.

[David Sirota]

The White House Budget office has ordered all federal agencies to cease any financial assistance. Just eight days after being inaugurated in front of a room full of billionaires, Donald Trump did something that seemed unprecedented. It may be the most far reaching executive action this White House has taken yet. Hundreds of billions of dollars in federal spending on everything from assistance to farmers to Head Start. This was money Congress had already legislated. And that's very important. You see, the Constitution is really clear, like crazy explicitly clear that Congress gets to decide how taxpayer money is spent. It's the so called power of the purse that you maybe learned about in high school civics class. The power that the founders gave to Congress so that the President wouldn't become another King George. So this Trump move to grab the power of the purse, yeah, it definitely seemed unprecedented. Except it wasn't. Donald Trump was reprising a role. He was merely the new leading man in a reboot of of an old movie franchise.

[Narrator/Various Historical Figures]

Here we go again. Again.

[David Sirota]

In this case, Trump is the shitty sequel of another president. The peak master planner from season one, the one with the jowls from California. The man who insisted I'm not a crook. Yep, we're talking about Richard Milhouse Nixon. In 1968, Nixon won his election with support from what was billed as the silent majority. The Americans who felt alienated by the upheaval of the 1960s. In speech that Nixon gave shortly before the election, he made it clear that he would be a firm hand on America's tiller.

[Narrator/Various Historical Figures]

The days of a passive presidency belong to a simpler past. Let me be very clear about this. The next president must take an activist view of his office.

[David Sirota]

And soon after Nixon won that election in 1968, he started a spending fight that looks like a roadmap for the future we're now living in. And roadmap is actually a perfect metaphor because that's where our story about the power of the purse is. Going to a road in Missouri in 1970. Picture this, it's summer. You've packed up your brand new wood paneled Ford LTD Country Squire station wagon and you're on a cross country road trip. A family vacation through the show Me state.

[Narrator/Various Historical Figures]

Hey, hey. See that kids?

[David Sirota]

That's the St. Louis Arch, the gateway to the West. There are snacks and Cokes in the cooler. The kids are crammed in the backseat.

[Narrator/Various Historical Figures]

Dad, what river is this? Ah, that's the Mississippi. The mighty Mississipp. The old Miss. The old man.

[David Sirota]

You're cruising along the smooth pavement of Interstate 44. You're singing dumb road trip songs to pass the time.

[Narrator/Various Historical Figures]

Deep river.

[David Sirota]

But then.

[Narrator/Various Historical Figures]

Clark, I think this is the wrong exit.

[David Sirota]

Wait, where did the Interstate go? Why are all those other roads also unfinished? Are we lost?

[Narrator/Various Historical Figures]

I saw some detour signs. Audrey.

[David Sirota]

When they close a road, they put up big signs.

[Narrator/Various Historical Figures]

Like this one.

[David Sirota]

Okay, okay. So while I can't prove that this exact scenario happened. The car, the kids, the snacks, the crash. We do know that in 1970, construction on I44 through St. Louis had stalled out because when Missouri asked for the money that Congress had allocated to finish the road, Richard Nixon said no as part of his State of the Union pledge to slash government spending.

[Narrator/Various Historical Figures]

Now, millions of Americans are forced to go into debt today because the federal government decided to go into debt yesterday. We must balance our federal budget so that American families will have a better chance to balance their family budget.

[David Sirota]

So despite the fact that Congress had already legislated money for these programs, including Missouri's highways, Richard Nixon withheld the funds. Again, this is a huge deal, and not just for Missouri. Think of it this way. You order something on Amazon, something you absolutely need, like a mounted singing fish or a Labubu doll. Your credit card clears, the confirmation email arrives in your inbox, you've got mail, and then you get a note from Amazon saying that they're actually not gonna send you the stuff that you just ordered. They have it in stock. You've paid for it. But Amazon thinks that money could be better used elsewhere. So you can't have the fish or the dollar, and they're not going to refund your money either. They're just going to hold onto it until they decide that what you're spending it on is appropriate. That's kind of what happened to Missouri. Congress ordered resources for a road, the state began construction, and then Richard Nixon decided not to deliver the rest of what Congress had promised Missouri. Nixon was trying to do this thing called impoundment, which is a technical term for a president blocking the release of money that federal law requires him to spend. Put another way, Nixon was refusing to follow the spending legislation already passed by congressional lawmakers. Article 1 of the Constitution says that they're the ones who decide how much money to spend and on what. This is Historian Rick Perlstein, author of the book Nixon Land. Richard Nixon did what other presidents again had done before him, but to a much greater degree, in which he said, I'm just going to not spend the money. I'm going to make this decision myself. Remember, Congress is supposed to have the power of the purse. They're supposed to decide where the federal government's money is spent. And that's not some small footnote of the Constitution. It's in Article 1, one of the first things the founders wanted to make clear, because they understood that spending power is the real power. And one guy doesn't get to decide that for the rest of us. And the President gets the discretion of administering that money, but not deciding how much. Now, Missouri likely didn't care which branch was in charge or making spending decisions. The state just wanted its damn money so it could finish its roads.

[Narrator/Various Historical Figures]

I want my $2.

[David Sirota]

So in August 1970, Missouri filed a lawsuit against the Nixon administration on behalf of all state highway agencies. It was the opening salvo in a flurry of lawsuits against so called impoundment. But Even though Article 1 of the Constitution is really clear about Congress having the power of the purse, Richard Nixon insisted that impounding funds was his constitutional right. He also insisted that he could levy tariffs along with the power of the purse. Article 1 says that Congress shall have the power to lay and collect taxes and duties. But in 1971, Richard Nixon chose to ignore that too.

[Narrator/Various Historical Figures]

I am today imposing an additional tax of 10% on goods imported into the United States.

[David Sirota]

Citing an economic emergency, Nixon used a 1917 law which had originally been aimed at the Germans During World War I, he appeared to have no qualms about bypassing Congress yet again. In case you didn't get that, that's Nixon saying the import duty delights him. It did not, however, delight America's trading partners, who filed a lawsuit. But Nixon didn't care. Emboldened by his 1972 reelection victory, bought with the bags of illegal campaign cash that we talked about in season one, Nixon made the audacious argument in 1973 that he could basically do whatever he wanted.

[Narrator/Various Historical Figures]

The constitutional right for the President of the United States to impound funds, and that is not to spend money, when the spending of money would mean either increasing prices or increasing taxes for all the people. That right is absolutely clear.

[David Sirota]

Nixon argued that his job was to balance the budget for the American people, which meant he could rein in spending as he saw fit if the legislative branch was what Nixon's White House called a credit card Congress. He, Richard Nixon alone, was cutting those cards up.

[Narrator/Various Historical Figures]

Congress got word today on another White House economy move. The President served formal notice that he is withholding a total of $8.7 billion in assorted appropriated funds on grounds the money cannot be properly spent at present.

[David Sirota]

Congressional lawmakers in both parties were not pleased. Senator Ted Kennedy might have said it best.

[Narrator/Various Historical Figures]

They reflect a royal view of presidential prerogatives, which seemed arrogantly to relegate the legislative branch to a position of inferiority.

[David Sirota]

Both the House and Senate pushed back in April 1973 with legislation that made it abundantly clear above and beyond what was in the Constitution, that the President could not impound funds. The measures were bipartisan, sponsored by both Democrats and Republicans. Let's just take a second here and imagine seeing that kind of action from Congress right now. Wouldn't that be nice? Bookmark this moment. We'll be coming back to Congress money battle with Richard Nixon after we take a little detour. Hey, Captain Willard, where are we headed?

[Narrator/Various Historical Figures]

We're going upriver about 75 klicks above the Dolong Bridge.

[David Sirota]

But that's Cambodia, Captain.

[Narrator/Various Historical Figures]

That's classified.

[David Sirota]

Not anymore. That's coming up after the break. Hey, everyone. David Sirota here. I have a favor to ask. If you're enjoying Master Plan, please consider becoming a premium subscriber to the Lever. As an independent news organization, we rely on the support of the readers and listeners just like you. For a limited time only, we're offering a special membership discount to Master plan listeners. Visit levernews.commasterplandiscount to get started. That's levernews.com masterplandiscount. You'll get ad free episodes of Masterplan and our weekly podcast, Lever Time, premium access to all of our reporting, exclusive bonus content, and more. More. It's our mission to hold the powerful accountable. But we can't do that without your help. Again, visit Levernews.commasterplandiscount to start holding the powerful accountable.

[Narrator/Various Historical Figures]

We're not supposed to be in Cambodia, but that's where I'm going.

[David Sirota]

Around the time that Richard Nixon was first trying to usurp Congress's power of the purse in that Missouri road squabble, he was also usurping the other power that the Founders. Founders had given exclusively to Congress. The power to declare war. Specifically, Nixon was secretly expanding the Vietnam War into Cambodia. Despite having won the White House on this promise, I pledge to you we

[Narrator/Various Historical Figures]

shall have an honorable end to the war in Vietnam.

[David Sirota]

Congress had authorized the Vietnam War with the infamous 1964 Gulf of Tonkin Resolution, which was based on false pretenses. It was one of the first modern examples of the government lying its way into a war. What's that thing that Matthew McConaughey says in True Detective?

[Narrator/Various Historical Figures]

Time is a flat circle.

[David Sirota]

You can go watch an 18 hour Ken Burns documentary on Vietnam to learn about the Gulf of Tonkin Resolution. The point here is that in the late 1960s and early 1970s, Richard Nixon Absolutely was not ending the Vietnam War. And he was not remaining within the confines of the resolution that Congress had passed. Nixon was doing the opposite. He was actually expanding the war. Inklings of this started trickling out in May 1969 when a new York Times article exposed actions carried out during Operation Menu, a secret carpet bombing campaign in Cambodia. The story didn't get much notice. Less than a year later, on April 20, 1970, Nixon insisted that he was ending the war.

[Narrator/Various Historical Figures]

I am therefore tonight announcing plans for the withdrawal of an additional 150,000American troops to be completed during the spring of next year.

[David Sirota]

But then, a mere 10 days later, came the betrayal and the power grab. In a White House address, Nixon announced that he was officially expanding the Vietnam War into Cambodia. And he was doing so without any new authorization from Congress.

[Narrator/Various Historical Figures]

We take this action not for the purpose of expanding the war into Cambodia, but for the purpose of ending the war in Vietnam and winning the just peace we all desire.

[David Sirota]

Despite the Constitution, Nixon was telling America what he was doing. He was not asking Congress for approval. And members of Congress from both parties were pissed. Here's Republican Senator Jacob Javits the day after Nixon's speech.

[Narrator/Various Historical Figures]

I think the Congress will seriously consider what measures it ought to take in respects of restraints on expenditure or in some other way to assert its responsibility equally with that of the President.

[David Sirota]

That same day, the ire was echoed by the public. As Javits and other congressional leaders criticized Nixon, the anti war movement intensified, kicking off the largest demonstrations so far. Thousands of people marched in Washington, D.C. and nationwide. University students staged massive strikes.

[Narrator/Various Historical Figures]

Earlier in the day, the trouble began on campus. After a rally to protest the US involvement in Cambodia, students went to the university armory and ransacked it. They broke furniture and burned uniforms.

[David Sirota]

And then three days later, on May 4, 1970, National Guardsmen fired on anti war demonstrators at Kent State in Ohio, killing four students.

[Narrator/Various Historical Figures]

Have we come to such a state in this country that a young girl has to be shot because she disagrees deeply with the actions of her government? I want my daughter's death and those of the other three children, as well as the wounded, not be in vain.

[David Sirota]

In response to the violence, the protest movement went into overdrive. Campuses closed all over the country. 100,000 people marched in Washington, D.C. under intense pressure, Congress made an initial move to rein Nixon in.

[Narrator/Various Historical Figures]

The Senate voted overwhelmingly today to repeal the Gulf of Tonkin Resolution, the legislative act used to justify the step up of the war in Vietnam.

[David Sirota]

That repeal was significant, but mostly symbolic. It did not deter Nixon from continuing the war. It would be two more years before Congress knew the full extent of Nixon's unauthorized war in Cambodia. In 1972, a former air Force major named Hal Knight sent a letter to a Democratic senator named William Proxmire. And in this letter, Knight alluded to Operation Menu, that secret bombing campaign that was happening way before Nixon ever said we were invading Cambodia. Proxmire shared the letter with his colleagues on the Senate Armed Services Committee. They in turn demanded that the Pentagon hand over all of its records on Cambodia. And during that subsequent investigation, it came out that the military had been falsifying their reports to cover up the extent of their actions in Cambodia. Here's Major Halnik testifying in front of Congress.

[Narrator/Various Historical Figures]

The purpose is to hide these raids. And I said, well, who are we trying to hide them from? And he says, well, I guess the Foreign Relations Committee.

[David Sirota]

So to review, we've got a president in his second term after a landslide win bought with dark money. He's strutting around saying he gets to make all the budget decisions and he gets to expand wars wherever and however he wants. Can we get that True Detective clip again?

[Narrator/Various Historical Figures]

Time is a flat circle.

[David Sirota]

So what did Congress do? Did they roll over and play dead like they typically do these days? Or did the congress of the 1970s do something different? Did they actually stand up to the President? That's after the break.

[Narrator/Various Historical Figures]

Lifelock.

[David Sirota]

How can I help?

[Levernews Announcer]

The IRS said I filed my return, but I haven't.

[Narrator/Various Historical Figures]

One in four tax paying Americans has paid the price of identity fraud.

[Ronnie Ricobeni / Hiba Balfak]

What do I do?

[Narrator/Various Historical Figures]

My refund though.

[David Sirota]

I'm freaking out. Don't worry, I can fix this.

[Narrator/Various Historical Figures]

Lifelock fixes identity theft, guaranteed. And gets your money back with up to $3 million in coverage. I'm so relieved.

[David Sirota]

No problem. I'll be with you every step of the way.

[Narrator/Various Historical Figures]

One in four was a fraud. Paying American. Not anymore. Save up to 40% your first year. Visit lifelock.com podcast terms apply. What did the President know and when did he know it?

[David Sirota]

In 1973, Watergate was breaking open. If you want to Learn more about that scandal. Listen to season one of Master Plan. For this season. It's only important to understand that Nixon's attempt to commandeer Congress's power of the purse and its war making power was happening at the very same time. The public was learning that the President and his minions also seemed to believe they could break laws to sabotage their political opponents.

[Narrator/Various Historical Figures]

I deeply regret that this situation has risen because I think that the Watergate tragedy is the greatest tragedy this country has ever suffered.

[David Sirota]

Taken together, Watergate, the budget impoundment fight, and the Cambodia bombings were all part of a massive expansion of presidential power.

[Levernews Announcer]

Nixon had become an imperial presidency in practice.

[David Sirota]

This is Pomona College professor Amanda Hollis Brusky, who explained that unlike today, this power grab prompted a very real backlash from Congress.

[Levernews Announcer]

This wave of Congressional reforms aimed to prevent another President from doing what Richard Nixon had done and to take back Congress's power.

[David Sirota]

And how did lawmakers of the time try to do that? Let's start with Cambodia. After several failed attempts, the US House finally passed a resolution about the bombings in the summer of 1973. The bill was designed to require the President to consult with Congress before introducing the military into any conflict. It was known as the War Powers Resolution.

[Narrator/Various Historical Figures]

That is the way to leash the dogs of war. And that's what the people who wrote the Constitution said they wanted to do.

[David Sirota]

When the bill then quickly passed the Senate, Nixon started freaking out. At a press conference, he implied that Watergate was being used as a false pretense to curtail his power.

[Narrator/Various Historical Figures]

This administration was elected to control inflation, to reduce the power and size of government, to achieve peace with honor in Southeast Asia, and to bring home our prisoners of war. If you want the mandate you gave this administration to be carried out, then I ask for your help to ensure that those who would exploit Watergate in order to keep us from doing what we were elected to do will not succeed.

[David Sirota]

Huh? Mandates reducing the power and size of government. This shit certainly sounds familiar, doesn't it? Two months later, in October 1973, Congress submitted the War Powers Resolution to the President. Nixon. True to form, he vetoed it. In a letter to Congress, he wrote that Congressional lawmakers, quote, attempt to take away by a mere legislative act, authorities which the President has properly exercised under the constitution for almost 200 years. Now, look, I'm not a constitutional scholar, but I'm pretty sure there's nothing in the Constitution about secretly bombing neutral nations for years on end without a declaration of war. But maybe I need to reread it anyway. Both the House and the Senate, in an extremely rare move, overrode Nixon's veto on November 7, 1973.

[Narrator/Various Historical Figures]

The Congress of the United States in a historic action today made effective a limitation on the powers of the President to make war.

[David Sirota]

Then, just to make sure there were no shenanigans or end runs from schemers like Henry Kissinger, lawmakers did a belt and suspenders move. They followed up by smacking Nixon with their power of the purse. Lawmakers added a provision to the military budget cutting off all funding for combat operations in Southeast Asia. Look at Congress standing up for itself. It's kind of hard to imagine, right? Here's Amanda Hollis Brusky again.

[Levernews Announcer]

The burden of proof is then on the President who under the War Powers Resolution is allowed to initiate hostilities for 30 days and then must notify Congress. It can be extended for another 30 days. But at the 60 day mark, if the President has not received authorization by Congress, the President must cease all military activities.

[David Sirota]

Boom. Just like that, Congress had wrested some control back from Richard Nixon. But there was still that issue of spending and Nixon's attempt to say the White House had the power of the purse. Remember our ill fated summer drive on that road in Missouri?

[Narrator/Various Historical Figures]

Hey, hey, see that kids? That's a St. Louis ark.

[David Sirota]

Well, right around the time time Congress passed the War Powers Act, a federal court handed down a decision in that lawsuit that Missouri had filed in its attempt to get its road money.

[Narrator/Various Historical Figures]

The court ruled that such funds cannot be withheld for purposes unrelated to highway building. The President had impounded the funds on grounds that the spending would be inflationary.

[David Sirota]

Congress did not just rely on the court's ruling. The House and Senate passed a bill to enshrine their power of the purse and prevent presidential impoundment. The legislation had overwhelming support. The House voted in favor by a whopping 401 to 6 and the Senate supported the bill 75 to 0. With numbers like that and with Nixon on the ropes because of Watergate, the imperial President in the White House bent the knee and signed it one month before he resigned.

[Narrator/Various Historical Figures]

The bill gives Congress a much bigger say in spending and budget control. And it limits considerably the President's power to impound or refuse to spend money appropriated by Congress.

[David Sirota]

And what was the most important part of that new law? The bill basically reiterated that if a President doesn't want to spend funds already legislated by Congress, he has to first ask Congress's permission. The huge bipartisan support for the bill seemed to indicate a consensus in the legislative branch allowing the executive to consolidate so much power was dangerous. Even the conservative party darling Senator James Buckley, agreed.

[Narrator/Various Historical Figures]

I would say that the Watergate episode and others leading up to it illustrate the fundamental conservative principle. And that is, if you concentrate enough power, especially discretionary or arbitrary power, in any one place, at some point or another, it's going to be abused.

[David Sirota]

Never thought I'd be aligned with a Buckley, but here we are. Congress would also rein in the executive's power to levy tariffs, as Nixon had done back in 1971. Lawmakers wrote new legislation time limiting import duties unilaterally imposed by presidents. So here we have not one, but three examples of Congress pushing back on the President's attempt to concentrate power. And if you search the legislative history from that time period, you'll find a ton more Congressional committees that exposed abuses by the CIA and the FBI, a law that protected the privacy of individual Americans, and federal election campaign laws, just to name a few. You could even argue that Nixon had done Congress a favor. His actions forced a recalibration of our system of checks and balances and kicked off an era of reform. Congress, bolstered by public opinion and anger, had clawed back powers given to them by the Constitution. And Congress could argue they had their own mandate to do all of this thanks to the 1974 elections.

[Levernews Announcer]

You had the midterm elections, which saw the election of what are known as the Watergate babies, right? So this is a generation of kind of young, energetic reformers who run on an anti corruption platform and vow, no more Nixons if you're in Congress.

[David Sirota]

What a time to be alive. You've repelled an assault on your constitutional powers. You forced the resignation of a crooked president. You've passed legislation to curb future presidential overreach. In short, you've done what Walter Sobchak told the big Lebowski to do.

[Narrator/Various Historical Figures]

I'm talking about drawing a line in the sand, Dude.

[David Sirota]

Except that line that Congress drew didn't last.

[Narrator/Various Historical Figures]

Today in the air controller strike, President Reagan started firing the strikers and the government claimed it was ready to rebuild the whole system without them.

[David Sirota]

As Walter would say, over the line. And Presidents have been crossing that line ever since. 1am Wednesday morning, H hour, U.S. troops

[Narrator/Various Historical Figures]

hit the Commandancia, the headquarters of the Panamanian Defense Forces. The President announced today some of the worst citizens on this planet, those apprehended in the war on terrorism, are now being housed at Guantanamo. Tonomo Bay, Cuba. They were once held in secret CIA prisons, but no longer. The Obama administration's internal legal justification for assassinating US Citizens without charge. Has been revealed for the first time.

[David Sirota]

The end of the Nixon era did seem like a victory over the imperial presidency, but it catalyzed a backlash to the backlash. Amanda Hollis, brusque again.

[Levernews Announcer]

As much as the Watergate babies and the congressional rebuke of Nixon was a real victory for reformers, it sparked a significant backlash amongst those who saw the efforts of these reformers as encroaching on the President's legitimate power.

[David Sirota]

These moments of victory were only fleeting. Since Nixon, almost every president has pushed the limits on the budget, on war, on privacy, on citizenship, to the point where one of the current President's top aides said this at a recent White House press briefing.

[Narrator/Various Historical Figures]

The whole will of democracy is imbued into the elected President. That president then appoints staff to then impose that democratic will onto the government.

[David Sirota]

That's Donald Trump adviser Stephen Miller at the podium in the White House briefing room. Notice that there's no mention of the two other CO/ branches of government. It's just the king, er, the President imposing his will. So how exactly did we go from rescuing democracy from an imperial presidency to now the imperial president arguing that any restrictions on him are an assault on democracy? Stephen Miller at that press conference provided a clue. Listen carefully to what he said.

[Narrator/Various Historical Figures]

The Constitution, Article 2 has a clause known as the vesting clause, and it says the executive power shall be vested in a president. Singular.

[David Sirota]

That word vest. That is not referring to Marty McFly's sleeveless jacket. No vest here refers to the seemingly non controversial line in Article 2 of the Constitution that says the executive power

[Narrator/Various Historical Figures]

shall be vested in a president.

[David Sirota]

Seems small, right? But after Watergate, the master planners got to work on a project using that one little line to try to turn the President into a monarch. Why? Because like the campaign finance master planners from season one, this group of ideologues felt that democracy was an obstacle to their agenda. They could not enact all the unpopular policies they wanted using the normal channels of passing legislation by a Congress full of politicians or who have to answer to communities throughout the country. They could only really get what they wanted if they got the presidents they wanted and then made those presidents into all powerful kings. On this new season of Master Plan, we'll learn how that one line in the Constitution about executive power became the weapon of American kingmakers.

[Narrator/Various Historical Figures]

I have an Article 2 where I have the right to do whatever I want as President.

[David Sirota]

It's the kind of power that Richard Nixon only dreamed of. Our next stop on this journey begins a few years after Nixon left the White House. Stewing in exile in California, the disgraced former president sat down for a televised interview, and during that conversation he defiantly reignited the fight for executive power. And the Master planners took note.

[Narrator/Various Historical Figures]

So what, in a sense you're saying is that there are certain situations where the President can decide that it's in the best interest of the nation or something and do something illegal? Well, when the President does it, that means that it is not illegal.

[David Sirota]

That's next time on Master Plan. Master Plan is a production of the Lever. Our production team includes me, David Sirota, Jared Jakang Mayer, and Laura Krantz. Fact checking of this episode was done by Emma Wilke. Original music is by Nick Byron Campbell. Our director of podcast production is Ron Doyle. Special thanks to Amanda Hollis Brusky, Rick Perlstein and the fine folks at the National Archives and the Nixon Library. For a list of the books and other materials that we used in our research, go to masterplanpodcast.com or check the link in our show Notes. You can listen and subscribe to Masterplan on Apple Podcasts, Spotify, iHeartRadio, YouTube Music, or wherever you get your podcasts. While you're there, please leave us a review or a rating. It really helps. For ad free episodes, exclusive bonus content, transcripts with links to our sources and access to the Lever's entire archive of investigative journalism. Please visit Levernews.com to become a subscriber.

[Ronnie Ricobeni / Hiba Balfak]

Not all darkness is dangerous. Sometimes it's the doorway to becoming whole. On the brand new podcast the Shadow Sessions, hosted by me, Hiba Balfak, a psychologist and trauma expert, we shed light on the hidden corners of the human experience through raw, unfiltered conversations. From the edge of healing, the Shadow Sessions invites you to do the deeper work that leads to real change. Follow the Shadow Sessions wherever you're listening now.

[David Sirota]

Sometimes it feels like red and blue states are just as divergent as post World War II east and West Germany. So what can the US learn from German political history in order to create a more perfect union? Find out on the new season of the Future of Our Former Democracy the Signal Award winning podcast from More Equitable Democracy and Large Media, hosted by me, Colin Cole and hello Villanueva. It's time to rethink democracy. So follow the future of our former democracy wherever you get your podcasts. With its two juicy beef patties and

[Narrator/Various Historical Figures]

three slices of melted cheese topped with tangy Big Arch sauce, the Big Arch is what happens when you start making a McDonald's burger and never stop. The Big Arch the most McDonald's McDonald's burger yet for a limited time.