Shows
Amarica's ConstitutionNo School For You - Special Guest Vikram D. AmarLaw firms are threatened with draconian penalties, with scarcely disguised vengeful and politically destructive motive. Universities are dragged on the carpet, with demands that they forfeit their academic freedom, choice in hiring, and internal mission priorities. What’s going on here? What is likely to happen in Court? Are the firms and universities defensible on constitutional grounds as well as because of procedural and statutory reasons? We bring on Vik Amar, former Dean at the Law School at University of Illinois, Urbana, and author of recent articles on both these crises. And while we are at it, we take a look a...2025-04-231h 22Amarica's ConstitutionSinking the Unitary Executive - Special Guest Steven G. CalabresiPresident Trump continues to wield the ax in a manner consistent with Unitary Executive theory. The question is, is it also consistent with the Constitution, and with the various statutes on the books that are at odds with that theory? Professor Calabresi returns for more discussion of this crucial question; in this episode, Akhil is pressing a number of challenges to the theory. Among these is an important example from the early Republic, which indeed followed soon after the Decision of 1789, which is so heavily relied upon by proponents of the unitary executive. History, text, structure - all come toget...2025-03-051h 39Amarica's ConstitutionRecess Games - Special Guests Josh Chafetz and Thomas SchmidtCould Republicans in the House conspire with a 2025 President Trump to manufacture a forced Senate recess in an effort to bypass the advise and consent appointments process? The much-anticipated article in The Atlantic has been published, to widespread approval. We proudly present all three co-authors of this article in a wide-ranging, nuanced, fascinating discussion, as Professors Josh Chafetz, Tom Schmidt, and of course Akhil Amar reunite to take us from Restoration England to the chambers of the Supreme Court where Professor Schmidt clerked for Justice Breyer, the author of the principal case on recess appointments, NLRB v. Noel Canning, in...2024-12-111h 20Amarica's ConstitutionConstitution ThingsWe are approaching our 200th episode and completing our 4th year of “Amarica’s Constitution,” and it seems appropriate to take stock. By coincidence, the Yale Law School is celebrating its own anniversary, and these things come together as Akhil is part of a big event and presents a “big idea” that sounds like a strange saying: “the Constitution is a thing.” We explain, elaborate, and celebrate a little bit. We look back, and we look ahead to some real excitement over the next few months (besides the election, that is). CLE credit is available for lawyers and judges from podcast.njsba2024-10-231h 07Amarica's ConstitutionHow To Get To 18 YearsThe 2021 Biden Commission on the Court has now led - with a big “assistance” from the Court itself - to President Biden’s own plan for Court reform. It is sketchy in many ways, but is entirely consistent with Professor Amar’s long-held views on 18 year active terms for Supreme Court justices, though the President’s proposal lacks the detail of that plan. This is unsurprising in a way since Prof. Amar testified before that Commission. There are other related plans in proposed statutes that lie in committees of the House and Senate. We consider the features of all, the flaws we...2024-08-071h 26Amarica's ConstitutionVirtuous Presidents and A Loose Cannon - guest Vikram AmarResignations are in the air, and our discussion - recorded before President Biden’s actions - offers surprising resonances in its wake. Meanwhile, our guest, Professor Vik Amar, provides not just a condemnation of Judge Cannon’s recent dismissal of the Trump documents case, but a refutation of the arguments she made, and a recitation of those crucial points, cases, and reasonings which she ignored. Plus we finally have the details on the EverScholar announcements we have been teasing; 18 year terms are back in the news; and more. We will be back, possibly early this week depending on developments, with a...2024-07-241h 48Amarica's ConstitutionProtests, Mifepristone, and Bump StocksAkhil is in Boston this week and reminds us that the history of the American Revolution, where Boston is so pivotal, contains myriad lessons that provide insight into the student protests of today - so we look at this subject in some detail. Meanwhile, the Court issued opinions in two prominent cases, and Akhil seems to be reluctant to take “yes” for an answer in one of them, so we take another look at issues of standing. Does Akhil convince you of the correctness of his approach? Finally, the bump stock gun case, a statutory interpretation case, is lamented by many...2024-06-191h 39Amarica's ConstitutionNo Standing Any TimeThe Supreme Court heard the case on the legality of FDA regulation of Mifepristone. Issues of standing seemed to dominate, so Professor Amar treats us to a master class on standing - in this case, and its recent evolution. He also suggests that at least one Justice might benefit by attending. In a wide-ranging episode, we also share excitement and some new scholarly insights that emerged from the recent EverScholar program led by Akhil and others; and the Trump gag order gives rise to some musings as well. There’s a lot for everyone in this episode, including CLE availa...2024-04-031h 52Amarica's ConstitutionA Self-Educating GaffeOral arguments are approaching in the Trump v. Anderson case, and the nation is talking about little else. At the Harvard Law School, Professor Amar is invited to debate a former US Attorney General and Federal Judge, Michael Mukasey, who also submitted an amicus brief in the case together with Bill Barr and Ed Meese, among others. We analyze the debate - and the brief. And in that brief, Akhil identifies what he considers to be an egregious error, which is telling not only in its fatal weakening of the particular argument, but in the way it calls into que...2024-01-311h 36Amarica's ConstitutionFriends of the Court - The BriefThe “brothers-in-law” Vik and Akhil Amar have filed an amicus brief in Trump v. Anderson et al. The brief contains a dramatic historic episode that you almost certainly knew nothing about, and which is highly relevant - perhaps decisive - to the case. Prepare to be amazed by this story of the “First Insurrection,” which preceded and was distinguishable from the Civil War itself, and which makes clear the certain intent of the framers and ratifiers of the Fourteenth Amendment - and the course the Supreme Court should take in this case. This, and the episodes to follow, may be the mos...2024-01-201h 25Amarica's ConstitutionSection Three Punditry: The Good, The Bad, and The SillyThe nation awaits the Supreme Court’s seemingly inevitable review of the Section Three case from Colorado, and perhaps Maine as well. Media around the world is weighing in with editorials and op-Ed’s; a smorgasbord of legal, political, and predictive arguments from professors, editors, elected officials, and others with their own range of expertise. We continue our attempt to help you make sense of these by choosing pieces that make the range of arguments out there. We do our best to present their argument and respond to it, bringing Professor Amar’s considerable armamentarium to bear for your benefit. ...2024-01-031h 49Amarica's ConstitutionJuries, Jarkesy, and a JokeThe administrative state is up for grabs, some say, in the case of SEC v. Jarkesy, which was argued before the Supreme Court recently. We have another “clip” episode, with Akhil weighing in on attorneys and justices alike. It’s particularly appropriate in this case, because so much of the case concerns juries and the 7th amendment - which, by the way, Akhil has written extensively on. That’s probably why he’s cited in so many of the briefs. We also heard some noise out of Colorado, by the way. CLE credit is available for this episode from podcast.njsba.c2023-12-201h 51Amarica's ConstitutionSandra the FirstThere is no shortage of tributes to the just passed Justice Sandra Day O’Connor, and rightly so, and this first female Justice richly deserves praise and memory. We aim to offer a tribute by taking her seriously as a Justice of ideas as well as the frequently mentioned deeply human remarkable woman she was. Fortunately, Akhil’s career has been intertwined with Justice O’Connor’s in a remarkable back-and-forth of ideas, cases, refinement, and legal innovation, so our perspective is a deeply informative one. Among other things, we look at the 10 most significant areas of jurisprudential impact in this re...2023-12-061h 36Amarica's ConstitutionGuns, Clips, and RahimiThe Supreme Court heard oral arguments in US v. Rahimi, a significant gun case, and we get to work. We have pulled clips from the argument so you can hear the justices and advocates in their own words, and Akhil comments after each clip. The case is important in itself, with wide implications regarding permissible gun regulation, and it also touches on a number of key methodological points that teach about originalism - properly done, and perhaps at times, improperly done. CLE credit is available after listening by visiting podcast.njsba.com
2023-11-221h 39Amarica's ConstitutionMoore on the Brief - Special Guest Vikram David AmarThe Amars’ amicus brief in Moore vs. United States is the talk of the legal ecosphere. Akhil’s co-author, Professor Vik Amar, joins us for analysis of the precedents that followed Hylton - faithful and otherwise. This tour de force of legal analysis is perfectly suited for your CLE credit. We also look at recent comments from the Supreme Court on Moore’s issues, and survey the reactions to the brief’s release. Various arguments that purport to address some of the brief’s claims have emerged: in support, in conflict, and complementary; we analyze and respond to them.
2023-11-151h 43Amarica's ConstitutionMoore, in BriefIn our 150th episode, we present the amicus brief in Moore v. United States, authored by Professor Amar with his brother, Professor Vikram Amar. Reminder: CLE credit is available after listening by going to podcast.njsba.com. The brief begins with the provocative statement that most other briefs in the case have missed the point? What is the point that they missed? We explain how their focus on the 16th amendment misses the basic constitutional questions which the Court answered back in 1796 in the Hylton v. US case. Who says so? Some guys named Washington and Hamilton, to start. And t...2023-11-081h 29Amarica's ConstitutionA Tale of Two JordansThe House is at it again, and there is no Speaker in the chair as of this recording. So many implications - for Presidential succession, for democratic governance, for legislative stalemate. Meanwhile violence escalates in the Middle East. How are these connected? We explore all these, and Akhil has some fascinating originalist analyses - of history you surely didn’t know; of structural reasons that the Speaker can’t be in the line of succession; and a new textual analysis. Meanwhile - why can’t the House act? Has this happened before? (Hint: yes) NOTE: CLE Credit Available for this episode by...2023-10-181h 34Amarica's ConstitutionJustice Jackson’s Santa ClauseIt’s an assortment of topics as listeners response to some recent developments and nagging questions. We revisit the 303 case, specifically the dissent, as Justice Jackson lays out an interesting hypothetical that doesn’t produce, perhaps, the intended response - at least from Professor Amar. Meanwhile, Justice Alito is back in the news with his judicial Declaration of Independence - Akhil may not quite agree. We also have an exciting prelude to a big announcement about our podcast!
2023-09-201h 47Amarica's ConstitutionThird Time’s A CharmHe's baaack. Former President Trump has been arraigned once again, this time on serious federal charges related to the very heart of democracy - the election itself. Special Counsel Jack Smith continues to discharge his appointed function by bringing charges he deems warranted. Beyond Smith, however, do the American people have other means of redress? And if Trump is guilty, will these prosecutions prevent him from seeking and possibly gaining the White House? Akhil has some surprising ideas - and one that even surprises himself!
2023-08-091h 44Amarica's ConstitutionAmara Culpa, Amara BeneWhat’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, Akhil has a new article in the popular press...2023-07-261h 22Amarica's ConstitutionScrutinizing Affirmative Action - Special Guest Jeffrey BrenzelIt’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 to the legal analysis from Professor Amar, as we make...2023-07-201h 41Amarica's ConstitutionI Am CalabresiIn 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.
2023-06-071h 25Amarica's ConstitutionCoronation ConsiderationsKing 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 that.
2023-05-101h 19Amarica's ConstitutionThe Lord Mayor AdamsThe 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 away and yet not so far away land.
2023-03-151h 31Amarica's ConstitutionSing a Song (of) Mike PenceFormer 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 at that. We also take a deeper dive on questions of standing - how do states have the ability to a...2023-03-081h 46Amarica's ConstitutionTorture, Time Travel, and TransformationThis 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.
2023-03-011h 16Amarica's ConstitutionDeclaration, or Gettysburg? - Special Guest Kermit Roosevelt IIIA 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 and claims, including the centrality of the Reconstruction Amendments for valid originalist analyses, but he also makes claims that, shall we say, get Akhil’s (and Andy’s...2023-02-011h 18Amarica's ConstitutionStrictly Scrutinizing Moore - Special Guest Kate ShawThe third season of Amarica’s Constitution begins with a special guest, as the star of the podcast “Strict Scrutiny,” Professor Kate Shaw, spends an hour with us. Like Andy and Akhil, she attended the oral arguments in Moore v. Harper - as she had attended many arguments when she clerked for Justice John Paul Stevens. Her insights on clerking for the Court are particularly timely, since Justice Stevens wrote the dissent in Bush v. Gore, which listeners know has been enjoying a lamentable rehabilitation, it seems, as the Moore case is argued and the infamous case keeps popping up. Prof...2022-12-281h 05Amarica's ConstitutionMr. Amar Goes to Washington - the Moore v. Harper Oral ArgumentAfter a year of lead-up, Moore vs. Harper has landed at the Supreme Court for oral argument. Akhil and Andy travel to Washington and attend the three hours of argument in the Chamber. We play clips and analyze them - the words, the logic, the briefs, the lawyers, the justices, the clerks, the legal world, as America holds its collective breath while democracy itself hangs in the balance. This is the place for the most nuanced and informed analysis of the positions. We also post relevant documents at akhilamar.com/podcast-2, for your “one stop shopping” whether you are a concer...2022-12-141h 44Amarica's Constitution100 Podcasts for Us, 40 Years for FedSoc - Special Guest Steven G. CalabresiIt’s Amarica’s Constitution’s 100th episode, and anniversary celebrations are in the air! We bring back Professor Steve Calabresi, who returns from the Federalist Society’s Lawyers Convention - which just celebrated its own 40th anniversary. The occasion was marked by a memorable Rosenkranz Debate, wherein Akhil took on Professor John Yoo on - what else? - the merits and demerits of ISL theory, and the forthcoming case of Moore v. Harper. Steve Calabresi was present at the debate, and he offers his color commentary . Of course, Steve was one of the three authors of the amicus brief that h...2022-11-231h 20Amarica's ConstitutionDouble Negative ActionAffirmative action is before the Supreme Court, and two cases - one involving Harvard, and one implicating the University of North Carolina - were recently argued before the Court. We have pulled out clips from the more than six hours of argument, culled the main arguments, and we present them to you. Listen to the voices of the justices and the advocates, and hear Akhil’s commentary and analysis. This is the first of a planned two-podcast series.
2022-11-161h 42Amarica's ConstitutionThe Federalist Society, in Brief - Special Guest Steven CalabresiThe recent brief in the ISL case, Moore v. Harper, was notable in part because it was co-authored not only by our own Professor Amar and his brother, Dean Vik Amar, both well-known Democrats, but also by one of America’s best-known conservatives, Professor Steven Calabresi. Steve is a co-founder and national chair of the Federalist Society, and importantly, this is not the first time he has crossed the aisle in matters of national import. He joins our podcast and engages with his close friend, Akhil Amar, on a conversation that spans decades and gives insight in the founding, deve...2022-11-091h 32Amarica's ConstitutionThe News in BriefIt’s a week since the amicus curiae brief in the case of Moore v. Harper - the ISL case - was filed by Professor Amar, Dean Vik Amar, and Professor Steven Calabresi, and the reaction has been pouring in. What arguments have been made to attempt to refute the brief? The answer may surprise you. Meanwhile, we take you through the remainder of the brief, explaining and expounding, providing backstory, and challenging you to reason along with us. We suggest that you print out the brief to make it easier to follow along. It’s a unique opportunity to delve...2022-11-021h 29Amarica's ConstitutionSweet Hugo in Alabama - A Special Live PodcastAmarica’s Constitution is “On the Road” in Alabama for the dedication of the Hugo Black Memorial and Park. Akhil is the keynote speaker and we record this live podcast at the Symposium that preceded Dedication Day. For the occasion, we look at the great originalist and see that his moment is now - not only in Alabama, but at the Supreme Court, where case after case tracks his issues, his reasoning, and his method. Indeed, Black’s greatest cases, including Adamson, Everson, Engel, and Gideon, find continuing relevance today. Thus informed, we take a look at the coming term’s big c...2022-10-191h 30Amarica's ConstitutionAfraid to Ask: Hamilton and a Wealth TaxFollowing Akhil’s MSNBC appearance on “Velshi,” we elaborate on how a Republic is a Democracy. Does it matter - oh yes, and we explain why. Then we go back to the future - to the biggest Supreme Court case of the 18th century, with rock star Alexander Hamilton arguing, and the echoes resonate today. So why haven’t you heard of this case? Well, now you will, and follow a step-by-step explanation you won’t find anywhere else.
2022-08-241h 35Amarica's ConstitutionTime is NowEvents continue to unfold, causing us to look back, forward, inward, and outward. A new bill is introduced which takes us back 20 years and ahead 18 years. Professor Amar conducts an unprecedented interview - maybe we shouldn’t use that term - and you are there. A moot court from 23 years ago reappears in the present. And lessons from nearly 250 years ago will unfold in the next year - and affect us forever. Professor Amar unwraps this scroll.
2022-08-031h 19Amarica's ConstitutionThe Real Steal, Part 3 - Special Guest Vikram D. AmarIn the concluding episode of this series on the bogus ISL theory, we review the relevant cases and precedents. As is our wont, we include the “best” cases for the “other” side, and review all the arguments. Dean Vik Amar joins us once again. Note: we have not ignored the elephants that have emerged from the courthouse in the past week, and a special "Extra Episode" of Amarica’s Constitution will follow later this week in addition to this regular episode.
2022-06-291h 10Amarica's ConstitutionThe Real Steal, Part 2 - Special Guest Vikram D. AmarThis episode presents Part 2 of our series on the grave threat that “Independent State Legislature” theory presents to the Republic, and why it is completely, irrefutably wrong. We welcome Dean Vikram Amar, who co-authored with Akhil their current article, about to be published in Supreme Court Review, which is already widely cited in the media and in forthcoming articles by other scholars. This article attempts to put to rest ISL theory by showing how it is wrong from every conceivable angle of analysis. We take up that analysis, beginning with the text, history, and structure of the Constitution, and then th...2022-06-221h 12Amarica's ConstitutionThe Real Steal - Part OneAs the January 6th committee’s hearings continue, the nation is treated to recounting of wild, false claims of election fraud, and outrageous schemes which countenanced blocking or surmounting the duly conducted vote in the electoral college. What was behind those schemes? A so-called theory of “Independent State Legislatures.” What’s that? How would it further the undermining of the electoral process? Is it still a threat? And where did it come from? Here’s one hint that should tell you something about its DNA: it is in large part the residue from the notorious, noxious, nullity that was Bush v. Gore. Pro...2022-06-151h 05Amarica's ConstitutionGraham Crock-erThe Senate Judiciary Committee hearings have concluded, as has the committee vote. We put the Senators, and the Judge, back on the stage. We listen to them and comment. What do we know now about the Judge, and about the Senators, in terms of their view of their respective constitutional roles, and their constitutional views? Their own words are replayed, and then Akhil and Senate expert Vik Amar critique them - and educate us. Oh, and Lindsay Graham had something to say.
2022-04-061h 08Amarica's ConstitutionThe Hearings According To Durbin - Special Guest Vikram D. AmarWe’re a little late this week, but it’s worth it, as we are able to report on a lengthy conversation that our (returning) guest, Dean Vik Amar of the University of Illinois School of Law, had with the Chairman of the Senate Judiciary Committee, Illinois Senator Dick Durbin, just hours before our podcast taping. He offered Vik and his students a truly inside look at the Supreme Court Confirmation Hearings just conducted, as well as his perspective on confirmations in general, and some truly surprising perspectives and possible ideas for reform - and now, our listeners have this...2022-04-0254 minAmarica's ConstitutionConfirmation Correction - Special Guest Vikram D. AmarKetanji Brown Jackson prepares to testify at Senate confirmation hearings, and the air is filled with confirmation bromides. It is said that a judicial nominee cannot speak about past cases. Or about cases that might come up. Or about legal theories. Is this true? Some say that all that matters is that the nominee be qualified and admirable. Can the Senate inquire further? How far can a nominee go in committing themselves on anything? Fortunately, we have a leading Senate expert, law school Dean, public intellectual - and, an “Amar” on “Amarica’s Constitution.” No, not Akhil, but Vik Amar, Dean of the...2022-03-231h 31Amarica's ConstitutionLawyer of the CenturyWalter Dellinger and Charles Black are hard acts to follow, but our concluding role model is up to the task. Telford Taylor was legislator, war hero, Nuremberg prosecutor, international law pioneer, law firm founder, tenured professor and scholar extraordinaire, public intellectual, and always a principled, skilled lawyer. Professor Amar admired his work from afar, and that admiration led to a personal meeting, to Akhil’s first major law review article in the Harvard Law Review, and ultimately, to the opening scene of his latest book. Meanwhile, in the news, we also take time to look at the latest developments, state...2022-03-161h 27Amarica's ConstitutionThe Music of the LawContinuing our exploration of inspirational models in the law that deeply influenced Professor Amar’s career, today we learn of a predecessor of last week’s model - the newly passed Walter Dellinger - as we hear of the life of Charles Black. A son of the deep South, Black made an enormous mark as he was a vital part of the team that won Brown vs. Board of Education, and in the aftermath, we see his genius as he defends the decision, and separately reflects on how he came to his principled positions. We see this as he picks...2022-03-091h 32Amarica's ConstitutionDellinger Departs, Jackson ArrivesThe great Walter Dellinger, one of Professor Amar’s role models in the law and one of the great lawyers of the past century, moves Professor Amar to present and review his role models and why they matter to all of us. Dellinger’s career was so enormous in its scope, so impactful in its action, that it forms a scaffolding for considering topics as varied as the most important SCOTUS footnote ever written; other momentous careers such as Earl Warren, Charles Black, and Telford Taylor; the lighter side of working for President Clinton; the last public statements of Benja...2022-03-021h 44Amarica's ConstitutionYour Turn; Our TakeWe deliver a long-promised episode, as the audience guides the discussion this week with their penetrating questions. Was Akhil too easy on Mitch McConnell? How about bringing on expert X or Y? Should SB8 prompt a new exception to Younger abstention? Oh, and by the way - what is "Younger abstention?" Can judges be ousted without impeachment? As you see, we have a very educated audience. Indeed, once you have completed the podcast, you will find yourselves that much more informed, as these sometimes complex concepts are explained in Akhil’s usual approachable if inimitable way.
2022-02-231h 15Amarica's ConstitutionNow Now Now - Guest Jesse Wegman (Part 2)We continue our discussion of the Equal Rights Amendment. Is it the proposed ERA, the adopted ERA, or the dead ERA? Some say we already have an ERA in the 14th and 19th Amendments; Akhil and Jesse explore what some women, such as Elizabeth Lady Stanton, had to say about the 14th Amendment and equal rights back in the day. The SCOTUS was asked to weigh in on amendment adoption dates back in the 1930’s - they punted. Would that happen again, should this reach them? And - would it be better to have an ERA “Now Now Now,” as many ins...2022-02-161h 22Amarica's ConstitutionA New ERA - Special Guest Jesse WegmanThe Archivist of the United States is in the news, and if that’s happening, you know some esoteric constitutional question is up. Fortunately, “Amarica’s Constitution,” is on the case. We have New York Times Editorial Board member, Jesse Wegman, who wrote for the Times on this subject recently, raising all sorts of issues - which Akhil is happy to answer for Jesse and for all of us. Meanwhile, this is all about the Equal Rights Amendment, and Amendments in general, and Article V of the Constitution, and what about ERA anyway - what would it do? All this and mor...2022-02-091h 17Amarica's ConstitutionDebate DebateAmidst a host of state-level voting law initiatives, the Senate considers voting rights bills. Without 60 votes on hand, the Democrats have proposed extending the “nuclear option” to some or all legislation; this past week, they debated and voted on it. We have digested the 13 hours of debate and play for you relevant clips, with Professor Amar weighing in on who has the history and/or the Constitution right, and who is playing with facts and founders. A potpourri of Senators, from Leaders McConnell and Schumer, to recent Presidential candidate Klobuchar, and numerous others, weigh in and debate on whether or not...2022-01-261h 42Amarica's ConstitutionHeart to Hart: Filibuster Finis - Special Guest Gary HartExactly 10 years to the day prior to the January 6 outrages, Professor Amar and former Senator Gary Hart teamed up for a history-changing article explaining how the filibuster could become a thing of the past. In ensuing years, the “nuclear option” they outlined was invoked on presidential appointments, then Supreme Court nominations, and now it is so close to being gone for good. But this is just one episode in an epic American life served in the public sphere, and we go afield to begin to tap the endless insights of this man who was nearly President, and wound up doing...2022-01-191h 24Amarica's ConstitutionThe Year and The Questions, Part 2As year 2 of “Amarica’s Constitution” begins, we complete our year 1 recap with remarkable clips, some from outstanding guests: Neal Katyal on preparing and executing Supreme Court advocacy (including the specifics of a recent case he argued); Nadine Strossen (on how this ACLU leader has some surprisingly nuanced positions that the ACLU might not love); and Linda Greenhouse (on sources - who has them, and who doesn’t). We also hear from the SCOTUS Justices in oral argument clips from one of our most popular episodes, on abortion, unsurprisingly. We update our thoughts on the Biden commission. Finally, your question...2022-01-121h 41Amarica's Constitution80 Years in 80 Minutes - A Special Live EpisodeAmarica’s Constitution takes to the road, as the Yale Club of the Palm Beaches, Florida, hosts us with a live audience of constitutional aficionados! The long-delayed book tour of “The Words That Made Us” finally assumes a recognizable form, as Akhil gives a whirlwind tour of the first 80 years of America’s Constitutional Conversation. Aside from a sense of the book, you should come away from this episode knowing 20-30 things you either didn’t know, or wrongly understood before. The audience then questions Professor Amar from founding to Trump - literally, as no holds are barred.
2022-01-061h 31Amarica's ConstitutionThe Year That Was, and Your QuestionsAmarica’s Constitution celebrates one year of podcasting, and what a year it was. From the steps of the Capitol to the bench of the Court, we were there with coverage and analysis. In this episode we replay clips from, among others, Bob Woodward, Philip Bobbitt, and Neal Katyal, as they discussed and debated everything from impeachment to abortion with Akhil and Andy. And, as long promised, your questions submitted throughout the year are answered!
2021-12-291h 40Amarica's ConstitutionThe Court Astonishes - Special Guest Ed WhelanAmarica’s Constitution is 50 - 50 episodes, that is. The Supreme Court isn’t done with abortion yet, as it marks our “silver episode” unveiling with a pair of rulings on the Texas abortion law, SB8. The rulings themselves may not be long remembered, but the opinions contained sentences that shocked Professor Amar. In a happy coincidence, the Friday rulings coincided with a Friday taping, and we happened to have a special guest - Ed Whelan, creator of the well-known “Bench Memos” legal blog and Distinguished Senior Fellow of the Ethics and Public Policy Center. We dissect the very revealing statements by Ch...2021-12-151h 29Amarica's ConstitutionRoe Roe Roe: Stare and StenchyThe oral argument is complete in the Mississippi abortion case, Dobbs v. Jackson Women’s Health. In our previous two episodes, Professor Amar prepared our audience with a remarkable menu of constitutional theory, a recap of the relevant cases and the orientation of the justices. We now look at the actual argument and find where it cohered with Akhil’s notions. We critique the arguments, the advocates, and the arbiters, and discuss arguments that might have been made. Was precedent ("Stare Decisis") the theme, and did it have to be? The voices of the justices, inserted in our podcast, put you...2021-12-081h 45Amarica's ConstitutionThe Future of the PastFifty 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 with the tools to decipher today’s oral argument and tomorrow’s decision/opinion; indeed, in the briefs att...2021-12-011h 38Amarica's ConstitutionAbout Abortion - A Precedent PrimerAbortion, 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 will thus be among the most informed and comprehending spectators when oral argument takes pla...2021-11-241h 28Amarica's ConstitutionTo Heller and BackNow 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 were emphasizing, and perhaps in some cases, those they were missing.
2021-11-171h 35Amarica's ConstitutionPutting a Head to Our GunGun 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, 14th amendment cases, and indeed most of the landmar...2021-11-101h 21Amarica's ConstitutionThe Opening EpisodeOur 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.
2021-11-031h 44Amarica's Constitution72 Term PapersWhat 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 - Joseph Story, that is, and his ongoing role in Akhil’s ambiti...2021-10-271h 16Amarica's ConstitutionErrors of CommissionRemember “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 2002 when Akhil and his co-author came up with it.
2021-10-201h 49Amarica's ConstitutionSpeaking of the First Amendment - Joint Episode with FIREAmarica’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?
2021-10-121h 39Amarica's ConstitutionAdams or the Dog - Special Guest Edward LarsonThe 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 scientists, Ed Larson also wrote a book on GW and Benjamin Franklin - was this an odd couple as it m...2021-10-051h 17Amarica's ConstitutionBasically RandomOur 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 and the man.
2021-09-291h 20Amarica's ConstitutionEmpire of History - Special Guest Gordon S. WoodIt’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 surprise you. Finally, our historical and constitutional titans address an area of ongoing controversy surrounding the American Fou2021-09-221h 24Amarica's ConstitutionLiterary LabyrinthIt’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 this inside look speaks to all.
2021-09-151h 34Amarica's ConstitutionThe Ayes and Nays Upon TexasTexas 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 vigilantism? Is this a rogue, unconstitutional adventure? Is Roe v. Wade dead alr...2021-09-081h 43Amarica's ConstitutionSabermetrics for LawyersWhat 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.
2021-08-251h 49Amarica's ConstitutionConfirmation CacophonyWe 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.
2021-08-181h 36Amarica's ConstitutionNeal Katyal's Life in the Law, Part IAfter 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, author including sometimes co-author with Professor Amar, and even a TV actor. There’s too much to tell in one episode, so Neal wi...2021-08-031h 35Amarica's ConstitutionWitness in the Center SquareIn 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 followed in depth, along with the arguments of other panelists.
2021-07-281h 25Amarica's ConstitutionTall TalesWe 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.
2021-07-211h 28Amarica's ConstitutionArchitects May ComeWe 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.
2021-07-141h 52Amarica's ConstitutionPolitical FootballAfter 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 other coaching questions.
2021-07-071h 37Amarica's ConstitutionKnow the Nine You WillThe 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.
2021-06-301h 50Amarica's ConstitutionYale's Constitution - Special Episode - Guest Nicholas ChristakisIn 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 Christakis, a Sterling Professor at Yale and an official of Yale’s Faculty Senate, joins us; he and Akhil offer a unique facu...2021-06-281h 24Amarica's ConstitutionThey Are Small CollegesAkhil 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 that you may not know well - Douglas Adair.
2021-06-231h 12Amarica's ConstitutionPrinceton Palaver PresentAkhil 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.
2021-06-162h 06Amarica's ConstitutionPrinceton Palaver PastAkhil 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 one or both. And why does Bobby Bonds find his way into this epis2021-06-091h 27Amarica's ConstitutionHarvard HooeyThat 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 issues an invitation to hash it all out.
2021-06-021h 25Amarica's ConstitutionConstitutionalists United - Special Guest Floyd AbramsOur 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 so much more, as a momentous career is celebrated and revealed, from one’s duty to...2021-05-1959 minAmarica's ConstitutionTinker to Amar to Strossen - Special Guest Nadine StrossenIn 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 Sopranos?
2021-05-121h 43Amarica's ConstitutionVoracious HoratiusAs 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.
2021-05-061h 06Amarica's Constitution18 Arguments for 18 YearsThe 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.
2021-04-281h 28Amarica's ConstitutionLeaving The FieldIn 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.
2021-04-211h 18Amarica's ConstitutionEnding Catch-2210 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 origins of the “modern” filibuster, how it was employed to thwart anti-lynching as well as major civil rights legislation. What i...2021-04-141h 18Amarica's ConstitutionThe Purpose of the Truth - Special Guest Bob WoodwardAkhil 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.
2021-04-071h 19Amarica's ConstitutionAdvise and Impeach"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; see for yourself at everscholar.org.
2021-03-311h 39Amarica's ConstitutionNullification NullityAndrew 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 this, the Nullification Crisis. Somehow this leads to the insight that The Crown is like The Godfather. ...2021-03-241h 29Amarica's ConstitutionJefferson Ben AmarAs “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.
2021-03-171h 27Amarica's ConstitutionSedition and PerditionWe 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.
2021-03-101h 43Amarica's ConstitutionThe Unanimous ManAkhil’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.
2021-03-031h 18Amarica's ConstitutionSuccession InquisitionHow 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.
2021-02-241h 20Amarica's ConstitutionSnap - You're in LisbonThe 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..."
2021-02-181h 01Amarica's ConstitutionMenus without Eating - Special Guest Prof. Philip BobbittPhilip 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.
2021-02-121h 03Amarica's ConstitutionEx-Pres Ex-pertsThe 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.
2021-02-111h 08Amarica's ConstitutionBullets (Not) Dodged, Part 3: Shocked, Shocked!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 of course, a few words about the recent occupant of the office. Should we have known what w...2021-02-0348 minAmarica's ConstitutionBullets Dodged, Part 2: The Faithless and the FecklessContinuing 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 frightening than that.
2021-01-2742 minAmarica's ConstitutionInauguration: Bullets DodgedIntroducing "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 that is denying Professor Amar his beauty sleep.
2021-01-1752 min