Constitution Breakdown #4: Janet Napolitano

This is the fourth episode of our ongoing series breaking down the U.S. Constitution. This month, Roman and Elizabeth turn to Article Two, which establishes the executive branch, alongside former Secretary of Homeland Security Janet Napolitano.

Together, they unpack the intentionally vague language of Article II, including the president’s authority over the executive branch, the Take Care Clause, and the shifting nature of presidential power in practice. They also explore how executive discretion really works inside massive federal departments and how norms, not just constitutional text, shape the operation of government.

Janet Napolitano is the Founder and Faculty Director of the Institute for Security and Governance at UC Berkeley. She served as U.S. Secretary of Homeland Security from 2009 to 2013, where she spearheaded the Deferred Action for Childhood Arrivals (DACA) initiative and created TSA PreCheck. Before joining the Obama administration, Napolitano was Governor of Arizona, Attorney General of Arizona, and U.S. Attorney for the District of Arizona. She later served as President of the University of California, the largest public university system in the country, from 2013 to 2020.

Elizabeth also explains why Trump administration’s attacks on Venezuelan boats defy even the broadest interpretation of the president’s war powers.