Fifty years of controversial jurisprudence have followed Roe v. Wade, and now the Supreme Court will hear oral argument in a case that many see as this story’s reckoning: Dobbs v. Jackson Women’s Health Organization. In our last episode Professor Amar identified “precedent” as the legal coordinates where the abortion road may fork. He now lays out the conflicting theories of precedent which the informed citizen needs to command when following this case. i Listeners to this episode will be armed ...
Dec 01, 2021•1 hr 38 min•Season 1Ep. 48
Abortion, and Roe v. Wade, is in the news again as the Supreme Court prepares to review challenges to the Mississippi law which, if upheld, would amount to an overrule of Roe. Professor Amar tells us that the argument, in addition to discussions of abortion itself, will center on the role of precedent. To prepare us for an examination of the particulars of this case, he conducts a master class on precedent. Akhil has written extensively and authoritatively on this over the years; our audience wi...
Nov 24, 2021•1 hr 28 min•Season 1Ep. 47
Now that our audience are masters of rights analysis after last week’s overview and framework presentation, we turn to the current SCOTUS gun rights case, New York State Rifle and Pistol Association v. Bruen. Consistent with Professor Amar’s approach, we begin with the text of the 2nd and 14th Amendments, along with a fascinating historical analysis. When that is complete, the questions the Justices asked during oral argument take on a whole new meaning, both in seeing clearly the points they we...
Nov 17, 2021•1 hr 35 min•Season 1Ep. 46
Gun rights are in the news again as the Supreme Court hears New York State Rifle & Pistol Association v. Bruen. Professor Amar discusses his landmark work on the Bill of Rights, and invites you to join him in an analysis of the issues in this and other “rights” cases. These cases require an appropriate methodology, and we are treated to a master class in the tools we need to perform this analysis. As we jump into the case, we will be armed with the framework we need for 2nd amendment cases, ...
Nov 10, 2021•1 hr 21 min•Season 1Ep. 45
Our series on books and authoring takes a look back at - what else? - the opening of a book. What comes first can make all the difference, but what makes for a great opening? And there are things before the opening - the forward, the preface, the dedication, the title, the cover. It’s all grist for our mill, with classic openings as well as deep dives into Akhil’s own books’ kickoffs.
Nov 03, 2021•1 hr 45 min•Season 1Ep. 44
What began as an exploration of sources of authority - citations, rankings, reviews, sales - now continues with our inside look at book writing and publishing. For those who have considered eventually writing a book themselves - and who among us hasn’t? - we take a deeply honest and nuanced look at all aspects of the process, including many most of us take for granted. Professor Amar’s personal approach to book writing is discussed, and one short example of it tells the story of Story himself - ...
Oct 27, 2021•1 hr 16 min•Season 1Ep. 43
Remember “18 reasons for 18 years?” Well, so did the Biden Commission, and as they reject court packing, they flirt with the 18 year plan. A few voices are raising in the media and even some on the commission, so we review their arguments and analyze their possible merits. A big question - can it be implemented by statute, or is a constitutional amendment required? No surprise that Akhil has a clear opinion on this. If this happens, you heard it here first - or rather, you read it first back in ...
Oct 20, 2021•1 hr 50 min•Season 1Ep. 42
Amarica’s Constitution shares the stage this week with the fine podcast “So to Speak” from the Foundation for Individual Rights in Education (FIRE). Professor Amar is interviewed by FIRE, and the history of the First Amendment leads to - surprise! - any number of fascinating constitutional law issues. Akhil takes time out to take issue with Robert Bork, by the way. And who kicked the dog?
Oct 12, 2021•1 hr 40 min•Season 1Ep. 41
The academic year is underway, and Professor Amar’s crazy teaching schedule, as usual, includes co-teaching with some of the greatest constitutional scholars in the nation. This semester Akhil is joined by Professor Edward Larson, whose amazingly wide range includes a PhD in History of Science in addition to his Harvard Law degree. So it is not surprising that as Professor Larson joins us for this episode, our discussion of George Washington ventures into GW the scientist. And speaking of scient...
Oct 05, 2021•1 hr 17 min•Season 1Ep. 40
Our look inside the literary world continues. So many of us are aspiring or perhaps would-be authors, but what is really involved, and can we really join that world? Akhil takes you through the many and sometimes surprising corners of this sphere, which is far more intricate than one might think. His personal route was not quite as smooth as it might seem, and the story of his move from a very successful book to another publisher, told here for the first time, is quite revealing of the milieu an...
Sep 29, 2021•1 hr 21 min•Season 1Ep. 39
It’s fitting that our recent discussion of how authors and their books are realized is followed this week by a discussion with the finest example of a historian, Gordon Wood. We explore his new book, “Power and Liberty: Constitutionalism in the American Revolution;” locate it in the amazing arc of Gordon’s peerless career, and then conduct a lively discussion of what at first glance seems a clear disagreement between Akhil and Gordon: who was the “father of the Constitution?” The conclusion may ...
Sep 22, 2021•1 hr 24 min•Season 1Ep. 38
It’s Constitution Week, and Akhil is “booked;” not only with events of the week, but on his book tour. Our series on scholars, schools, and scholarship resumes, then, with a comprehensive look at the entire ecosystem of books. What is the author’s process, and what happens after a book is written? How does a book, and an author, gain authority in a world of ubiquitous social media? And how does this take us to discussions of the Fifth and Sixth Amendments? We all believe we have a book in us, so...
Sep 15, 2021•1 hr 35 min•Season 1Ep. 37
Texas has brazenly - or boldly, depending on your point of view - thrown down a gauntlet on abortion with their new law purporting to ban abortions once a fetal heartbeat can be detected. The Supreme Court refused to hear a challenge to the law prior to its effective date, so the nation holds its breath wondering where abortion rights, long treasured by many, will head. Meanwhile, the law deputizes the citizenry and takes enforcement out of the hands of state officials. What’s going on? Is this ...
Sep 08, 2021•1 hr 43 min•Season 1Ep. 36
Suppose there is a controversial issue of constitutional law. Where does one go for authoritative exposition? We continue what is essentially a discussion of expertise and authority. How do you know whom to trust? Who has the right answers? How might we go about finding out these things? We continue to look at these questions in several arenas: scholars, scholarship, and schools. Interesting sidelights abound, as usual, and a Friendly detour finds an unusual consensus in the “who’s the best” cat...
Sep 01, 2021•1 hr 34 min•Season 1Ep. 35
What do Willie Mays and Laurence Tribe have in common? Andy and Akhil start with an Amar citation from Clarence Thomas in a case last term and branch off into a discussion of scholars’ rankings, the fourth amendment, legal realism, scholarship and schools, books vs. articles, and a dizzying array of other topics. This potpourri launches a series on the inside of the academic world as well as a look at the recently concluded SCOTUS term.
Aug 25, 2021•1 hr 50 min•Season 1Ep. 34
We return to our look at all the sitting Supreme Court justices with the final two - Justices Kavanaugh and Gorsuch. This necessarily involves revisiting the confirmation process, particularly in the case of Justice Kavanaugh, where Professor Amar played a role in print and in the witness chair. How have the first years of his tenure, along with Justice Barrett’s, played out in light of some of the events of those confirmations? The early returns are fascinating.
Aug 18, 2021•1 hr 37 min•Season 1Ep. 33
Neal Katyal, now at the peak of the Supreme Court bar, reviews many of the big issues the Supreme Court will face in the new term, as well as some just past. Abortion, affirmative action, and cases involving a tension between legitimate governmental action and religious organizations are all discussed from the unique perspective of this remarkable litigator, professor, author, and television commentator.
Aug 13, 2021•1 hr 22 min•Season 1Ep. 32
After teasing it for months, Neal Katyal, perhaps our nation’s finest Supreme Court advocate, joins Amarica’s Constitution. The dramatic rise of a truly great lawyer is a fascinating story, including the case that launched Neal into Supreme Court practice - Hamdan v. Rumsfeld. Later he would become Acting Solicitor General and then move into John Roberts’ old chair as the head of the Supreme Court appellate office at Hogan Lovells, Georgetown Law Professor, nationally-known media personality, au...
Aug 03, 2021•1 hr 36 min•Season 1Ep. 31
In these days of Zoom, Professor Amar’s testimony before The Presidential Commission on the Supreme Court of the United States looks a lot like the old TV show, the Hollywood Squares, and Akhil is in the center square. This is fitting, because his proposal for 18-year terms of active en banc service on the Court is front and center in these hearings. Akhil and Andy review the work done in advance of this testimony, recapitulate the major arguments in the proposal, and look at the Q&A that fo...
Jul 28, 2021•1 hr 26 min•Season 1Ep. 30
We continue to profile, recap, analyze, and learn from the nine Supreme Court Justices. This week our focus turns to those justices appointed by Trump, and the seat that would be Garland’s instead went to Neil Gorsuch. Akhil looks at cases old and new to find the highs and lows in Justice Gorsuch’s jurisprudence, and this justice who studied in two countries and clerked for two SCOTUS members, who calls neither of them his great influence, comes under our microscope.
Jul 21, 2021•1 hr 28 min•Season 1Ep. 29
We continue our Supreme Court series as the term has comes to a close. Akhil profiles the “middle three” Justices: Alito, Sotomayor, and Kagan. Their backgrounds, their finest, and their not-so-finest moments are described and analyzed. If a Justice seems destined to spend decades in dissent, can she leave a legacy? We look at some who did. Lots of law, lots of cases in this episode for SCOTUS/con-law nerds.
Jul 14, 2021•1 hr 52 min•Season 1Ep. 28
After decades on the bench, Justice Breyer’s distinguished career is, for better or worse, fodder for discussion and debate. Akhil has brought a “refined legal realism” to profiling the various justices in terms of their backgrounds, legal and personal; the same approach provides a starting point for looking at this decision. But as we move into the realm of politics and strategy, reasonable people may disagree - just as when sports are discussed. So, Andy and Akhil consider clock management and...
Jul 07, 2021•1 hr 37 min•Season 1Ep. 27
The Supreme Court’s 2020-21 term is closing, and we are opening a window into the Court. We begin this multiple-episode series by looking closely at each Justice - specifically, their backgrounds and how their jurisprudence reflects influences from their past. Each Justice has their best and worst moments in Akhil’s eyes, and we discuss them. Also, Akhil has an important appearance coming up, so some background to that event is yours for the listening.
Jun 30, 2021•1 hr 51 min•Season 1Ep. 26
In this “additional” episode, Andy and Akhil switch roles and put the US Constitution aside for an hour, as they take a deep dive into the governance and politics of their beloved alma mater. Yale recently initiated a scandal when their trustees abruptly eliminated most of the democratic elements whereby alumni participated in the governance of the University. Andy was a candidate for election to the Yale Corporation, and he leads us through the weeds “inside Yale.” Meanwhile, Nicholas Christaki...
Jun 28, 2021•1 hr 25 min•Season 1Ep. 25
Akhil and Andy continue their tour of the 9 established colleges at the Founding, 7 were in the Ivy League, so the Ancient Eight will inevitably stand out in our survey - but they are not alone, as we discuss. Still it is remarkable that such a tiny portion of the population yielded so many familiar names. Latter-day scholars from these institutions still loom large as well, from Daniel Webster and Charles Beard to Gordon Wood and Maggie Blackhawk - giants all. And learn about one of the greats ...
Jun 23, 2021•1 hr 13 min•Season 1Ep. 24
Akhil and Andy move from The College of New Jersey - Princeton in the period of America’s Founding - to the Princeton University of today, and discuss matters of agreement and disagreement between Akhil and some of the Orange and Black’s leading faculty lights. Topics range from the 1619 project to the Electoral College and some of Andrew Jackson’s most controversial and misunderstood statements. Finally, everything you never knew you wanted to know about property is revealed.
Jun 16, 2021•2 hr 6 min•Season 1Ep. 23
Akhil and Andy continue their look around the Ivy League. Having dispensed with Harvard, Princeton enters their sights, particularly their great early product, James Madison. Was he truly “the father of the Constitution,” and why does it matter? Two of the most important early Supreme Court cases are implicated - one you probably have heard of, and one you most likely have not. And two big issues for the 21st century find their roots in these cases - and the Court will be heard soon enough on on...
Jun 09, 2021•1 hr 27 min•Season 1Ep. 22
That little-known school in Cambridge, Massachusetts keeps popping up. Akhil and Andy, objective Yale men as always, look at how Harvard was in the room at the American Revolution’s first stirrings, how generations of Harvard men kept a version of that story alive, and how today’s Cantab Crowd stumble over their own stories in ways that profoundly influence our American dialog about our past and our present. Akhil scrutinizes Harvard’s best and finds them brilliant but at times wanting - and iss...
Jun 02, 2021•1 hr 25 min•Season 1Ep. 21
For more than 50 years, any discussion of criminal defense attorneys, legal academics, and civil libertarians - as well as staunch advocates for Israel - included Professor Alan Dershowitz. Today he joins “Amarica’s Constitution” for a far-ranging conversation. Torture warrants, Trump’s misdeeds, the life of a principled advocate and his family, censorship in social media, campus speech, the Israeli Supreme Court - all fall under his gaze, and our scrutiny. We also discuss Prof. Dershowitz’s new...
May 26, 2021•1 hr 11 min•Season 1Ep. 20
Our series on civil liberties, including especially the First Amendment and free speech, continues with perhaps its greatest advocate before the Supreme Court, Floyd Abrams. It’s natural to assume that Floyd would be an absolutist on such bedrocks as the case New York Times v. Sullivan - especially since he has represented The NY Times for years. But no, surprisingly, he expresses, to Akhil and Andy, certain abridgments of this case that he might consider if he were, say, on the bench. This and ...
May 19, 2021•1 hr•Season 1Ep. 19
