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Prologue

Host Ira Glass talks with Yale law professor Jack Balkin about what he calls the Bush Administration's "lawyering style," a tendency to fight as hard as it can, on all fronts, to get what it wants. Ira also plays tape from a news conference with New York Senator Charles Schumer, in which he takes the Justice Department to task for refusing to pay death benefits to the families of two auxiliary policemen who were killed in the line of duty, even though federal law grants those benefits.

Act One: The Prez Vs. The Commish.

Ira Glass tells the story of a little-known treaty dispute with far-reaching ramifications for our understanding of executive power. The dispute is between the President and one of his appointees...to the International Boundary Commission with Canada.

Act Three: 44

Ira Glass interviews Charlie Savage, a Pulitzer Prize-winning reporter for the Boston Globe, who's written a book called Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy about the ways the Bush Administration claims executive powers that other presidents haven't claimed. Charlie talks with Ira about the current candidates for President and their views on the scope of executive power.