The SkyePod: French Friday – "It's Time to Amend the Constitution"

Host: Skye Jethani
Guest: David French
Date: August 29, 2025

Episode Overview

In this French Friday edition of The SkyePod, Skye Jethani and David French embark on a deep dive into the structural flaws of the U.S. Constitution and why, given contemporary crises, it may be time for significant constitutional amendments. The discussion covers historical context, the original intent of the framers, the modern breakdown of political guardrails, the dangers of the "unitary executive theory," and the desperate need for virtuous leadership and civic renewal—especially within the American church. The conversation balances historical insight, legal analysis, and frank concern for the future of American democracy.

Key Discussion Points & Insights

1. Why Amend the Constitution?

Timestamp: 00:21–02:54

• French argues recent abuses of power and political dysfunction are partly due to gaps in the original constitutional design and the failure of current leaders to use the safeguards available.
• The Founders presumed a baseline of virtue among leaders—an unreliable bet today.
• Skye frames two core problems: the Constitution doesn’t account for all possible abuses, and the safeguards that do exist are simply not being used.

“We can't rely on our political leaders or the parties to self-regulate… so is it time we just really need to amend the Constitution?”
—Skye Jethani [01:59]

2. Founders’ Intent vs. Modern Dysfunction

Timestamp: 02:54–09:28

• The original Constitution (1787) focused primarily on dividing power to prevent monarchy, not on enforcing virtue.
• The emergence of political parties and party loyalty was unforeseen by the framers, who expected officials to defend the prerogatives of their own branch, not a party.
• Competition—what Madison meant by “ambition must be made to check ambition”—has instead mutated into party-first obedience.

“If partisan politics becomes more important than anything else… The President becomes the sun, and everything else orbits around the presidency.”
—David French [06:46]

3. Why Now? The Rogue Wave of Dysfunction

Timestamp: 09:00–29:06

• Political factionalism and demagoguery have always existed, but today’s levels are unprecedented.
• Key guardrails—electoral college, party gatekeeping, impeachment, and civic education—have all degraded.
• Media silos and disinformation now supercharge polarization.
• The “rogue wave” metaphor: multiple, historic forces are converging into a uniquely destructive crisis, typified by the social and political upheaval of 2020.

“We’re taking a lot of problems we’ve had before, and they’re kind of cascading together.”
—David French [25:19]

“In one year, we went through 1918, a pandemic, 1929, a stock market crash, 1974, an impeachment crisis, and 1968, a wave of riots…”
—David French quoting Michelle Goldberg [27:40]

4. The Unitary Executive Theory: Presidential Power Run Amok

Timestamp: 29:10–45:54

• The ambiguous language in Article II (“executive power shall be vested in a President…”) has led to maximalist readings of presidential authority.
• French details how modern “unitary executive theory,” and more extremely, the “Trump executive theory,” allow the President to ignore Congressional mandates, select which laws to enforce, and wield unchecked authority over the executive branch—including the power to create or dismantle departments at will.
• Example: the President can ignore Congress’ directives on issues like border security or the Department of Education.

“All of these things have come together, all of these streams have come together at once. The rogue wave smashed into the ship… and now we are extremely vulnerable… to this kind of demagogic power. And the checks have failed.”
—David French [42:47]

Proposed Amendment:

• French proposes amending Article II’s vesting clause to clearly state:
  “A President of the United States of America shall execute laws passed by Congress.”
  This makes explicit the President’s duty as executor, not lawmaker.

5. Limits of Reform: Congress, the Pardon Power, and DOJ Weaponization

Timestamp: 45:54–53:52

• French identifies multiple “no brainer” amendments, including limiting the presidential pardon power and barring lawmakers from cashing in via insider trading.
• The President’s unchecked pardon power, combined with partisan use of the Justice Department, allows for widespread abuses.
• Congress’s abdication—failing to hold the President accountable or safeguard its own powers—remains central to the problem.

“If we don’t amend the pardon power, we’re flunking a national IQ test.”
—David French [47:44]

6. The Paradox: Leadership and the Need for Civic Spiritual Renewal

Timestamp: 53:52–64:02

• French contends that true reform requires a virtuous, visionary leader—someone willing to diminish their own power and set a precedent, akin to George Washington or Abraham Lincoln.
• But, he notes, such leadership alone isn’t enough: Without a culture shift—especially among evangelicals who currently enable abuses—structural reform is unlikely.
• Long-term change must begin with “heart change” and a renewed civic spirit.

“I don’t think we can diminish the power of the presidency without presidential leadership diminishing the power of the presidency.”
—David French [54:04]

“Heart change has to precede everything else. There has to be… at least a glimmering of an opening towards your fellow citizens… the will to power is not the only thing keeping your liberty alive.”
—David French [63:10]

Notable Quotes & Memorable Moments

• On the Founders’ Assumptions
  “The Constitution as written was not designed to protect us from every possible corruption or abuse of power… the framers assumed the American people… would have some level of character and virtue…”

  • Skye Jethani [00:35]

• On Party Loyalty
  “If you try to maximize your power… against a Republican president, you will lose your job. That’s the way the parties lock in… Who is the leader of your party? It is the President.”

  • David French [06:46]

• On the Transformation of the Electoral College
  “The original intention… was think of it as a committee meeting of wise men to select a President… like the Vatican almost.”

  • David French [18:41]

• On the Collapse of Historical Norms
  “When FDR chose to run for that third term, he did break through a norm so dramatically that… we had the constitutional amendment for term limits.”

  • David French [14:46]

• On Presidential Reform
  “A President… shall execute laws passed by Congress. That makes explicit what was sadly implicit in the original vesting clause.”

  • David French [44:27]

• On Evangelical Support Enabling Abuses
  “…one community whose super, super majority support for this president is propping him up, and that’s the evangelical church."

  • David French [62:12]

Timestamps for Key Segments

• Intro and Problem Framing: [00:21–02:54]
• Founders vs. Today/Parties: [02:54–09:28]
• Historical Checks and Their Decline: [09:28–29:06]
• Rogue Wave Analogy/2020 Crisis: [26:26–29:06]
• Unitary Executive Theory Explained: [29:10–45:54]
• Proposed Constitutional Amendments: [45:54–53:52]
• Need for Virtuous Leadership and Spiritual Renewal: [53:52–64:02]

Takeaways for Listeners

• The Founders built the U.S. system on assumptions of virtue, not just law, and party loyalty has dramatically undermined checks and balances.
• American democracy’s traditional guardrails (impeachment, Electoral College, civic culture) are now failing, making the system vulnerable to presidential overreach.
• French’s core prescription: Amend the Constitution to restore Congressional primacy over lawmaking/execution, and rein in presidential powers such as the pardon.
• Real reform is unlikely without a virtuous and visionary leader, civic renewal, and especially repentance within the evangelical community that has made current abuses possible.

“How do you break through rather than muddle through? …There has to be at least a glimmering of an opening towards your fellow citizens and towards… hope and faith that you can relinquish power.”
—David French [63:10]

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