Deep Dive Episode 217 – The Separation of Powers, From Washington to Sacramento
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
Are state governors subject to the same separation of powers restrictions as the federal president?
Expanding on a Regulatory Transparency Project panel discussion on emergency executive power during the pandemic, this event featured experts engaging in a broader separation of powers discussion about the distinctions between the federal and state separation of powers doctrines, using California as an example.
In a conversation moderated by Braden Boucek, David. A. Carrillo, Luke A. Wake, and John C. Yoo explored those distinctions, examined how they affect the latitude and options state and federal executives have, and debated the extent to which federal separation of powers doctrines can or should be applied to the states through judicial interpretation.
Featuring:
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Lecturer in Residence and Executive Director, California Constitution Center, University of California, Berkeley, School of Law
David A. Carrillo received his doctorate from Berkeley Law before joining the faculty as a lecturer in residence and the founding executive director of the California Constitution Center in 2012. The center is devoted to developing scholarship concerning the California constitution and the California Supreme Court. Dr. Carrillo coauthored a casebook on California constitutional law, teaches courses on the California constitution and the California Supreme Court, publishes articles on those subjects, and is editor-in-chief of SCOCAblog.com, a blog about the state high court.
Before starting his academic career Dr. Carrillo was in active practice for 16 years, as a Deputy Attorney General with the California Department of Justice, as a Deputy City Attorney in San Francisco, as a Deputy District Attorney in Contra Costa County, and as a commercial litigation associate in private practice. A member of the California bar since 1995, Dr. Carrillo is admitted to practice before the Supreme Court of the United States, the Ninth Circuit Court of Appeals, and the Northern, Southern, Central, and Eastern District Courts of California.
In October 2019, California Governor Gavin Newsom appointed Dr. Carrillo to a four-year term on the California Law Revision Commission, where he is serving as the 2021-22 vice-chair. He also serves on the board of the Constitutional Rights Foundation and chairs the Citrin Center advisory board. His past charitable and professional board service includes: the Bar Association of San Francisco; the California Bar Foundation; the National Advisory Council of the Institute of Governmental Studies; the Foundation for Democracy and Justice; the State Bar Committee on Appellate Courts; the Justice and Diversity Center of the Bar Association of San Francisco; the Volunteer Legal Services Corporation in Alameda County; and the Berkeley Law Alumni Association. Dr. Carrillo chaired the judicial appointments committee of the Alameda County Bar Association, and served on the State Bar Commission on Judicial Nominees Evaluation and the Committee of Bar Examiners, as well as San Francisco and Alameda bar association committees on judicial appointments. He is a life member of the La Raza Lawyers Association (San Francisco and East Bay) and the Hispanic National Bar Association.
Attorney, Pacific Legal Foundation
Luke A. Wake is an attorney at the Pacific Legal Foundation. Prior to joining PLF, he was a senior staff attorney at the NFIB Small Business Legal Center.
Wake has particular expertise on environmental and land use issues, and has worked on numerous other constitutional issues and matters of importance to small business owners. He is an ardent defender of private property rights, which he believes are essential to the free enterprise system and the foundation of American liberty. As a strong advocate of individual rights and economic liberties, he has built his career defending small business interests.
Wake has focused on a whole host of issues, from employment law matters to regulatory compliance. In addition to serving as a resource for small business owners, Wake is committed to ensuring that the voice of small business is heard in the nation’s courts. As an appellate practitioner, Wake has focused particularly on informing the courts on matters of administrative law and on issues under the Fifth Amendment’s Takings Clause. He is also working to advance small business interests in law review articles, and was recently published in the Berkeley Journal of Law & Ecology. See R.S. Radford & Luke A. Wake, Deciphering and Extrapolating: Searching for Sense in Penn Central, 38 Ecology L.Q. 731, 746-747 (2011).
Before joining the Legal Center’s team, Wake completed a prestigious two-year fellowship as an attorney in the Pacific Legal Foundation’s College of Public Interest Law. Wake is a graduate of Case Western Reserve University School of Law in Cleveland Ohio, and is a member of the California Bar. He completed his undergraduate studies at Elon University in North Carolina in 2006 where he focused on political theory and corporate communications.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
U.S. Attorney, Middle District of Tennessee, U.S. Department of Justice
Braden Boucek was sworn in on December 24, 2025, as the United States Attorney for the Middle District of Tennessee. Prior to becoming United States Attorney, Mr. Boucek served as the senior vice president of litigation at the Southeastern Legal Foundation having previously served as the vice president of legal affairs at the Beacon Center. Mr. Boucek has extensive experience as a prosecutor, starting his career at the Tennessee Attorney General’s Office before serving for two years as an Assistant District Attorney General in Williamson County. He was a federal prosecutor for ten years, first serving as an Assistant United States Attorney in the Western District of Tennessee from 2005 to 2011. From 2011 to 2015, Mr. Boucek was an Assistant United States Attorney in the Middle District of Tennessee, the district he now leads as the United States Attorney.