What’s in a name? This week, it’s “Amar was wrong - Amar was right.” Two weeks ago it was “bigots” and many made much of that. So we take the feedback seriously and revisit it - you can judge the result. Meanwhile, news from Long Island brings the 4th amendment to the fore again, and in a somewhat different way. Different - how? Listen and find out how to create a better jurisprudence without amending the Constitution, and the real differences in the lives of the people this would make. Finally,...
Jul 26, 2023•1 hr 22 min•Season 3Ep. 135
It’s time to discuss the Affirmative Action cases from Harvard and the University of North Carolina, and we have brought in an expert on college admissions - Jeff Brenzel, the former Dean of Undergraduate Admissions at Yale. Jeff is so much more than that - he has taught at Yale as a lecturer in philosophy and humanities; is the former head of the Alumni Association, and is a current trustee at Morehouse College, to name some of his many hats. He offers a perspective that is a perfect supplement...
Jul 20, 2023•1 hr 42 min•Season 3Ep. 134
A Colorado website designer refuses to create sites for gay couples’ weddings, going afoul of Colorado’s public accommodations law. Can she be compelled to author such a site? The Court has ruled, and we have the analysis. Along the way, we find ourselves discussing the intricacies of stipulations, and getting into the fine points of how one gets to federal court, even as we consider more mainstream questions as speech vs. conduct, the limits of rights, and some interesting hypotheticals. Profes...
Jul 12, 2023•1 hr 37 min•Season 3Ep. 133
The Supreme Court has ruled in the Independent State Legislature case, Moore v. Harper. As we have from the beginning, we look at the case from the point of view of the precedents, of the history, the constitutional issues and implications, and the inner dynamics of the Court and beyond. As an author in a key amicus brief, Professor Amar is on the inside, and now so are you, as we take the opinion apart and explain the sometimes confusing matter of why the case was not rendered moot by later dev...
Jul 05, 2023•1 hr 48 min•Season 3Ep. 132
It’s Supreme Court opinion season, and just before this week’s upload came the happy news of the Moore v. Harper decision. We’ll be back with details on that soon enough, of course. Prior to that, however, the Court issued some fascinating decisions last week, including in the case of Samia v. United States. This confrontation clause/Sixth Amendment case happens to hit one of Professor Amar’s many sweet spots; he has written on the subject in numerous forums over years and is a true expert. You ...
Jun 28, 2023•1 hr 23 min•Season 3Ep. 131
The Supreme Court upheld various provisions of the controversial Indian Child Welfare Act last week. The facts of Haaland v. Brackeen, and some provisions of the Act, raise dramatic questions about questions of best interests of children, of the nature of tribal entities, and of who speaks for whom. The opinion itself largely sidesteps many of these questions and instead dives into areas which Professor Amar has long offered his expertise - going back nearly 20 years or more. No wonder, then, th...
Jun 21, 2023•1 hr 32 min•Season 3Ep. 130
All eyes are on Miami, where Donald Trump faces justice. But should it be Miami? Should it be this judge, who has such a checkered history in this case? What does the Constitution say about these and other issues this case brings forth? What about precedents? It’s just the beginning, but we are ready to take on these and other issues.
Jun 14, 2023•1 hr 14 min•Season 3Ep. 129
In this season of college commencements, our eyes were caught by an honorary degree given to Yale Professor, Federal Judge, and scholar Guido Calabresi. This episode will review his many contributions to America’s constitutional landscape, and to Professor Amar in particular. Prepare for a Paper Chase-like journey through the world of Guido Calabresi as seen through the eyes of Akhil Amar.
Jun 07, 2023•1 hr 26 min•Season 3Ep. 128
Congress is attempting to pass a bill that would implement a deal that President Biden reached with Speaker McCarthy and House Republicans. The issues are many - what does the President due if the bill is not passed? How imminent is the threat of default? Would a default be constitutional? Does the Constitution require any action by the President in such a situation? What does the 14 Amendment, Section 4, say about this? What does an originalist analysis of the global situation look like? We bri...
May 31, 2023•1 hr 26 min•Season 3Ep. 127
The Court treated us to an assortment of nude pictures this week. The occasion was a copyright case featuring the works of Andy Warhol and the photography of Lynn Goldsmith, and the persona of the late artist Prince. To enlighten us on the intricacies and melodies of copyright law and history, we bring the premier scholar in the field to our podcast - Professor James Boyle of Duke. The result is a far-ranging discussion ranging from Plato to Creative Commons, the latter an achievement due in no ...
May 24, 2023•1 hr 42 min•Season 3Ep. 126
Justice Thomas remains in the news, as items old and new - from his ward’s private school tuition to his wife’s employment - appear on almost a daily basis. Friends of the Justice are quoted implying an effort to hide some of these transactions from public view. An infamous Supreme Court case, Shelby County, creeps back in. To help untie this web of questions, we are privileged to have Professor Kathleen Clark, a widely-recognized expert with an overwhelming resumé and Professor Amar’s seal of a...
May 17, 2023•1 hr 25 min•Season 3Ep. 125
King Charles III has sat in St. Edwards' Chair, been anointed with oil, and enjoyed all manner of pomp. Akhil finds important echoes of the elevation of another III - George - back at the time of the American founding. In a busy week, we also note the release of Justice John Paul Stevens' private papers, with implications for important cases including - surprise! - Moore v. Harper. Finally, the New York Times has a lengthy, lead article about a controversial law school, and we offer our take on ...
May 10, 2023•1 hr 20 min•Season 3Ep. 124
The North Carolina courts are having fun with Moore v. Harper, reversing their prior rulings as their new (Republican) judges took the bench. We’ve previously considered what the Supreme Court might do with the NC Court reconsidering things - what about now that this decision has come down? Would this be “judicial restraint,” and what exactly is that frequently heard meme all about, anyway? We also take note of important dates on the academic calendar and that leads to all sorts of insights on c...
May 03, 2023•1 hr 25 min•Season 3Ep. 123
The Supreme Court issued a stay in the Mifepristone case, so everyone goes back to their corner - for now, anyway. They’ll be back. And when they are, the issue of standing may well be front and center. We grab this opportunity to give you a primer on standing, starting with the Constitution, tracking the Court’s recent strange path on this issue - and then we hear the Amar approach. Our listeners should be in a position to see the Mifepristone case clearly, as well as have a firm basis to keep ...
Apr 26, 2023•1 hr 6 min•Season 3Ep. 122
The Judiciary continues to occupy the headlines, from the judge in Trump’s trial to judges and justices at the district and circuit level who somehow impact the lives of the whole nation. And Justice Thomas keeps knocking at the ethics door. We take it a step at a time, trying to be thorough. Everyone, it seems, wants to be more than they seem. So this time we look in some depth at judges being doctors, plaintiffs choosing judges, and regional judges offering national injunctions, while touching...
Apr 19, 2023•1 hr 12 min•Season 3Ep. 121
Judges are in the news - all over it, in fact. Donald Trump, arrested and charged, attacks the judge in his case, and the judge is under a microscope. Deserved? Meanwhile, a judge is elected in Wisconsin. Many say this is the result of actions other judges took in Washington last year, and judges in Wisconsin react - and find themselves under scrutiny, too. Most prominently of all, a Supreme Court Justice’s lifestyle collides with disclosure requirements, drawing fire. How can citizens view thes...
Apr 12, 2023•1 hr 26 min•Season 3Ep. 120
The people of the State of New York have voted in Grand Jury to charge former President Trump with felony counts. He stands arrested and arraigned. If you were the District Attorney of New York City, and you had to make the decision whether to pursue this prosecution to this point, what factors should you have considered? What obligations do you have to the citizens of New York in this matter? What is your discretion? Do you agree with DA Bragg’s decision? Professor Amar will provide you with th...
Apr 05, 2023•1 hr 17 min•Season 3Ep. 119
The Grand Jury continues its work in New York, as a possible indictment of an ex-president and declared candidate for president awaits his fate. Meanwhile, investigations and more grand jury proceedings continue in Georgia and Washington on other weighty matters. And the political establishment is worried, so the House Republicans have upped in with a subpoena of the New York City District Attorney, even as he conducts his grand jury investigation. We don’t want to jump the gun on the virtues an...
Mar 29, 2023•1 hr 14 min•Season 3Ep. 118
Rumors swirl around the possibility of an indictment of former President Trump, from several sources - New York, Georgia, Washington. We wait with you, and rather than speculate, we will pounce when and if something happens. In the meanwhile, we give you some bonus material in the form of a great listener question, and some information about our favorite pastime.
Mar 22, 2023•56 min•Season 3Ep. 117
The Mayor of New York City, Eric Adams, delivered a controversial speech at an interfaith breakfast, raising issues of church/state separation, gun control, and the role of religion in governance. Akhil uses the opportunity for some comparative constitutional analysis, and we look at the worldwide continuum of separationist approaches. The mayor is quite provocative on school prayer and quite confusing on guns, and we take that up as well. Meanwhile, we take a question on the judiciary in a far ...
Mar 15, 2023•1 hr 31 min•Season 3Ep. 116
Former Vice President Mike Pence has received subpoenas from Special Counsel Jack Smith. Pence claims that he has grounds to challenge this subpoena; he locates this in the so-called “speech and debate” clause, and some claim that executive privilege is relevant as well. We examine these clauses and doctrines deeply and offer our own conclusions on this issue. Speaking of doctrines, the Supreme Court has brought the “major questions” doctrine out once again in the student debt case, and we look ...
Mar 08, 2023•1 hr 47 min•Season 3Ep. 115
This week we take your questions; our listeners are engaged and clever, so Professor Amar is challenged again and again. How far do his 4th and 5th amendment views extend - do they reach torture? A fellow law professor asks a deep question about Reconstruction and Women’s suffrage which has deep implications. And we take a trip back in time to Akhil’s most treasured constitutional moments. Meanwhile, there’s more on Moore v. Harper and mootness.
Mar 01, 2023•1 hr 17 min•Season 3Ep. 114
People love to talk about the Constitution - that’s why we have a podcast. Sometimes, however, the conventional wisdom is quite unwise, leading to deeply unfortunate national narratives. Today we address questions such as whether the Constitution was foisted upon an unwitting nation, with the proceedings kept secret for decades. This is perhaps an old question, but in the news recently, we read of state public school curricula wherein objection is raised to the notion that the Declaration and Co...
Feb 22, 2023•1 hr 34 min•Season 3Ep. 113
We continue our discussion with Professor Roosevelt of his new book, The Nation That Never Was. We revisit our debate on the Declaration of Independence and specifically, the meaning of “all men are created equal.” This has profound implications, it turns out, for evaluating the 1788 transition from Articles of Confederation to U.S. Constitution, the 1861 secession, and the great Reconstruction moment of the later 1860’s. Were these all secessions of a sort? Were they extra-legal? Were they trea...
Feb 15, 2023•1 hr 50 min•Season 3Ep. 112
***CLE Available*** The newly Republican House is threatening to refuse to raise the debt ceiling, raising the spectre of a US default. Given the 14th amendment, section 4’s prohibition on “questioning” the debt of the United States, all sorts of constitutional questions and strategies have been raised. We are fortunate to welcome Professor Jack Balkin, who knows more about this provision and this topic than anyone, to explain the origin of this constitutional provision, and why its history is d...
Feb 08, 2023•1 hr 27 min•Season 3Ep. 111
A new book, The Nation That Never Was, by Professor Kermit Roosevelt III of the University of Pennsylvania Law School, engages in extensive historical, legal, political, and philosophical analysis of the American story. This is nothing less than a search for America's most useful and unifying narrative, even as we are living with the controversy and divisions that the “1619” and “1776” projects have wrought (or highlighted). Professor Roosevelt embraces some of Professor Amar’s key innovations a...
Feb 01, 2023•1 hr 18 min•Season 3Ep. 110
The aftermath of murders in Idaho saw another terrible crime in Massachusetts, and all these matters raise questions of criminal procedure and the constitution. We continue our 4th amendment reflection but add the 6th amendment, which has seen little attention on our podcast in the past. What can a lawyer fairly do in your defense? Add to this a discussion of the various anniversaries that this past week observed, and the long-promised answering of some great viewers questions, and you have a lo...
Jan 25, 2023•1 hr 33 min•Season 3Ep. 109
A tragedy in Idaho riveted the nation, as a dragnet, a manhunt, a search of garbage, a DNA test, a bail hearing, an extradition, and much more surrounded the eventual arrest and the onset of legal process in the case. Fortunately, Professor Amar has written on all these subjects, and we travel down these various roads, explaining and navigating their constitutional complexities.
Jan 18, 2023•1 hr 24 min•Season 3Ep. 108
We’re back early this week, as promised in our last episode, to help you take in the spectacle underway on the floor of the House of Representatives. We give you the historical background, the constitutional framework, and we look at some of the tactical and political machinations playing out in as close to real time as podcasts allow. We also peek at the still-simmering Santos situation, which takes us back into the law classroom for a look at the classic case of Powell v. McCormack and how it ...
Jan 06, 2023•1 hr 26 min•Season 3Ep. 107
Two year anniversaries in Washington mean a new Congress, but this year January also brings the echoes and the legacy of January 6. These intertwine most intimately, as the end of the old Congress necessitated the windup of the January 6 Commission, a report, some referrals, and all sorts of constitutional questions. Meanwhile, it also brings a new Speaker election and why should anything be simple in Washington these days? If that wasn’t spicy enough, the usually routine seating of the new Hous...
Jan 04, 2023•1 hr 27 min•Season 3Ep. 106
