In the wake of the publication of The Words That Made Us, Akhil comes full circle, as his first book was The Bill of Rights. To complete that circle, Professor Nadine Strossen, the youngest person and first woman to lead the ACLU as its president (for 17 years!) joins Akhil and Andy for a discussion that ranges from the current Supreme Court case on cheerleaders’ (and all other students’) rights to the famous Tinker case; from Citizens United to The Godfather. And just what is wrong with The Sop...
May 12, 2021•1 hr 44 min•Season 1Ep. 18
As Akhil and Andy celebrate the publication this week of The Words That Made Us, Akhil tells a story from the book - the crazy election of 1800 and its just-barely-peaceful transfer of power. And what is John Marshall up to? He’s everywhere: Secretary of State and Chief Justice at once, a pseudonymous scheming columnist, and in the end, the man with the Bible in his hand to swear in the eventual winner: his cousin.
May 06, 2021•1 hr 7 min•Season 1Ep. 17
The Biden Commission is in the news, with a mandate to produce ideas on judicial reform, especially at the Supreme Court level. It just so happens that Akhil has been writing about this for almost 20 years, and has fully formed ideas. How many ways would these changes make the Court better? We’ll count. Of course, the historical and constitutional background will also be explored and explained.
Apr 28, 2021•1 hr 28 min•Season 1Ep. 16
In the wake of the imminent release of The Words That Made Us, Akhil takes us to the end of the story - or was it? The deaths of America’s founders were all memorable in ways that reflected the character of each. This can’t be a coincidence, he maintains, and if it wasn’t, then what was it? The founders managed to leave their mark on the stage as they left it, and in so doing, and in some sense, they didn’t leave.
Apr 21, 2021•1 hr 19 min•Season 1Ep. 15
10 years after Professor Amar wrote, with Gary Hart, on how the Senate can put an end to the filibuster, it remains (mostly) in place. Akhil and Andy take you through the long history of this notorious practice, from the pre-Constitutional theories and practices, through the many misdeeds of the post-Civil War and 20th century periods, to today where the filibuster looms large but also is threatened with extinction. Professor John Fabian Witt joins the conversation with unique insights into the ...
Apr 14, 2021•1 hr 19 min•Season 1Ep. 14
Akhil and Andy welcome “the greatest reporter of all time” - Bob Woodward - to Amarica’s Constitution. Fresh off his 19th book and 14th number one best-seller, “Rage” - having reported on nine presidents - a discussion of the Presidency would seem to be in order. Anecdotes and insights flow, and Akhil even gets in some queries on the Supreme Court. Remember Butterfield and the tapes? Here's a revelation about Woodward's own records.
Apr 07, 2021•1 hr 19 min•Season 1Ep. 13
"Amarica's Constitution" welcomes our guest, Professor Michael Gerhardt, who pulls himself away from his work as Congress' go-to expert on the impeachment to share a postmortem with us from the inside. He should know - he was retained by the presiding officer, Senator Leahy, as counsel for the impeachment. His new book, "Lincoln's Mentors," is out, and we can't ever resist a Lincoln discussion. Andy and Akhil have been teasing about EverScholar - today they let us know what all the fuss is about...
Mar 31, 2021•1 hr 39 min•Season 1Ep. 12
Andrew Jackson takes the stage in this, the fourth of four sets of readings from Akhil’s forthcoming (May) book, “The Words That Made Us.” Jackson’s complex makeup, combining qualities from Washington and Jefferson, is revealed, and his status as America’s first truly Western president is explained, as is the shadow that his utter failure on slavery casts. Still, his championing of Union is one of the great Constitutional episodes of the early Republic, and Akhil gives a vivid description of thi...
Mar 24, 2021•1 hr 30 min•Season 1Ep. 11
As “The Words That Made Us” approaches its May release, we continue to explore new perspectives on the early Presidents. Akhil’s disillusionment with Jefferson is explained, and the rise of the third President’s cousin and near-usurper makes for some surprising moments. We return to the visual for examples of particularly blatant painting propaganda, and a future guest makes a cameo.
Mar 17, 2021•1 hr 28 min•Season 1Ep. 10
We continue “Presidential Month” with the second set of readings - this time on Jahn Adams - from the forthcoming (in May) “The Words That Made Us.” Adams’ unique combination of bombast, verbosity, grandiloquence, ubiquity, and insecurity, makes him an author’s dream. It also left him extraordinarily thin-skinned, and the notorious Sedition Act was the result. Akhil and Andy take a grand tour of Adams’ constitutional misadventures.
Mar 10, 2021•1 hr 44 min•Season 1Ep. 9
Akhil’s new book, “The Words That Made Us,” will be available in May. This widely anticipated tome has already garnered a starred review from Kirkus Reviews. In this episode Akhil provides a preview, with reading and commentary from Chapter 7 - “Washington.” Although all Americans know that Washington was the first president, they may not know quite why the first American electors elected him unanimously - twice. Akhil provides a reading, and Andy and Akhil discuss.
Mar 03, 2021•1 hr 19 min•Season 1Ep. 8
How does Akhil dislike the Presidential Succession Act? Andy tries to count the ways. This Constitutional disaster-in-waiting is definitively dissected. We could have had President Pelosi being sued by would-be President Pompeo, with your 401k turning into a 201F. Show notes on the website include the three incarnations of the Act since the Founding, and some tips on counting from the experts.
Feb 24, 2021•1 hr 21 min•Season 1Ep. 7
The many dangers of the lame duck that gave rise to our "Bullets Dodged" series raise the question - do we really need a lame duck period at all? Akhil and Andy recall the "secession winters" of the past and how 2020 shared aspects of all of them; and of course, we have suggestions for how to solve it. As for Lisbon, this is not the first episode of ours that references "Casablanca..."
Feb 17, 2021•1 hr 2 min•Season 1Ep. 6
Philip Bobbitt is a top academic expert on Impeachment. He has led the lonely chorus of those who have maintained that Trump’s second impeachment trial is unconstitutional, since it takes place when he is no longer President. Akhil and Professor Bobbitt debate this and other points crucial to the trial - with surprising results. News flash: opinions change, and consensus is nearer. One can only wish the Senate had similarly open minds.
Feb 12, 2021•1 hr 4 min•Season 1Ep. 5
The impeachment trial has begun. We depart from our leisurely time-independent pace to go nearly live and address the most important issues. Can you try an ex-president? Is this really about "insurrection?" What are "high crimes and misdemeanors?" How can Presidents Obama, Bush, et all help? Akhil and Andy also discuss their recent op-ed from the NY Daily News earlier this week.
Feb 11, 2021•1 hr 8 min•Season 1Ep. 4
The quadrennial choice Americans make was particularly fateful in 2016, and Akhil asserts that itself this was a bullet not dodged. The unique nature of the American Presidency places enormous burdens on the office's holders, but so, too, does it ask much of the American people as they exercise the franchise. What makes a good president? What should Americans consider, and how can they frame the choice? Akhil and Andy find lessons in the early republic, and the early Akhil, for that matter. And ...
Feb 02, 2021•49 min•Season 1Ep. 3
Continuing our discussion of the various disasters that might have befallen America around the election, this time we explore the period after the election and before the Electoral College, and then as Congress prepared to meet and certify the vote. The toxic mixture of the Greeley precedent and Faithless Electors was rendered a veritable Chernobyl by a 2020 Supreme Court decision that Akhil finds, shall we say, imperfect. Life imitates art ("The West Wing," again)? Actually, it's more frighteni...
Jan 27, 2021•43 min•Season 1Ep. 2
Introducing "Amarica's Constitution;" Electoral pitfalls in the Constitution and the election of 2020 - Part I. It didn't feel smooth, but believe it or not, many things didn't go wrong that might have in the recent election. For example, what happens if a candidate dies on or about Election Day? Akhil and Andy discuss how issues of election timing, the electoral college, the Greeley Precedent, presidential succession, the 12th and 25th Amendments, and partisan politics make for a witches' brew ...
Jan 17, 2021•53 min•Season 1Ep. 1
