Shows
Reset with Sasha-Ann SimonsWhat A Weakened 14th Amendment Could Mean For AmericaToday marks the anniversary of the ratification of the 14th Amendment, which established citizenship for freed slaves and women. The anniversary comes at a time when birthright citizenship is under threat by the Trump administration. Reset digs into what a weakened 14th Amendment could mean for Americans with Evan Bernick, associate professor of law at Northern Illinois University, and David Stovall, professor of Black Studies at the University of Illinois Chicago.
For a full archive of Reset interviews, head over to wbez.org/reset.2025-07-1021 min
The AllisonKnows Podcast14th Amendment & Trump's Constitutional Eligibility Lights On with Jessica Denson features a discussion with constitutional law professor Evan Bernick about the 14th Amendment's Section 3, which bars individuals who engaged in insurrection from holding office. The conversation centers on whether Donald Trump's actions disqualify him from assuming the presidency and explores potential legal avenues, including an amnesty bill or congressional objections during the electoral count, to address this constitutional question.2025-01-1412 min
Taboo TradesValuing Reproductive Loss with Jill Wieber LensMy guest today is Jill Lens, who serves as the Dorothy M. Willie Professor in Excellence at the University of Iowa school of law. Professor Lens is a leading legal expert in reproductive justice and rights, with a particular focus on the legal treatment of stillbirth and pregnancy more generally. Her research is inspired by her son Caleb’s stillbirth in 2017, when she was 37 weeks pregnant. She joins us today to discuss her recent paper, “Valuing Reproductive Loss," published in 2023 by the Georgetown Law Journal and coauthored with Dov Fox. That paper explores the tension betwe...2024-11-021h 01
Steve Cochran on The Big 89Will the Supreme Court of the United States Justices Bail Former President Trump Out of Jail?NIU College of Law Assistant Professor Evan Bernick joins the Steve Cochran Show to delve into the upcoming SCOTUS decisions on Presidential immunity, the rare instances of a SCOTUS justice recusing themselves from a case, and the likelihood of the Supreme Court justices maintaining the availability of mifepristone, a common drug used for inducing abortions. See omnystudio.com/listener for privacy information.2024-06-0509 min
Q&ARandy Barnett and Evan Bernick, "The Original Meaning of the 14th Amendment"Professors Randy Barnett and Evan Bernick talked about their book, The Original Meaning of the 14th Amendment. They argued that the 14th Amendment, which gave the federal judiciary and Congress new powers over the states, has been misinterpreted by conservative and liberal judges alike since its adoption in 1868. Learn more about your ad choices. Visit megaphone.fm/adchoices2023-11-061h 01
C-SPAN BookshelfQ&A: Randy Barnett and Evan Bernick, "The Original Meaning of the 14th Amendment"Professors Randy Barnett and Evan Bernick talked about their book, The Original Meaning of the 14th Amendment. They argued that the 14th Amendment, which gave the federal judiciary and Congress new powers over the states, has been misinterpreted by conservative and liberal judges alike since its adoption in 1868. Learn more about your ad choices. Visit megaphone.fm/adchoices2023-11-061h 01
Live at the National Constitution CenterThe Modern History of OriginalismA panel of libertarian and conservative scholars—J. Joel Alicea of The Catholic University of America Columbus School of Law, Anastasia Boden of the Cato Institute, and Sherif Girgis of Notre Dame Law School—join for an in-depth comparative look at the different strands of originalism as a constitutional methodology. We explore originalism’s modern history and application by current members of the Roberts Court through the examples of recent cases, and how originalism intersects with textualism and other interpretive approaches. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.Additional Resources
Moore v...2023-07-0458 min
cmdX anDre Articles "Law of WE "podcastThe Supreme Court Rejects the Independent State Legislature TheoryThis week, the Supreme Court handed down a major decision relating to elections in America in the Moore v. Harper case. In a 6-3 ruling, the Court rejected the independent state legislature theory, finding that the Elections Clause does not give state legislatures exclusive power over elections, and upholding the power of judicial review in electoral cases, including redistricting decisions. In this episode of We the People, guests Judge Michael Luttig and Professor Evan Bernick join to break down the Moore decision – including why the Court decided to reject the independent state legislature theory; why conservative Justices Thomas, Alito, and Go...2023-06-2959 min
We the PeopleThe Supreme Court Rejects the Independent State Legislature TheoryThis week, the Supreme Court handed down a major decision relating to elections in America in the Moore v. Harper case. In a 6-3 ruling, the Court rejected the independent state legislature theory, finding that the Elections Clause does not give state legislatures exclusive power over elections, and upholding the power of judicial review in electoral cases, including redistricting decisions. In this episode of We the People, guests Judge Michael Luttig and Professor Evan Bernick join to break down the Moore decision – including why the Court decided to reject the independent state legislature theory; why conservative Justices Thomas, Alito, an...2023-06-2959 min
Discover The Spellbinding Full Audiobook Now, Story Seekers!The Original Meaning of the Fourteenth Amendment: Its Letter & Spirit by Randy E. Barnett, Evan D. BernickPlease visithttps://thebookvoice.com/podcasts/1/audiobook/619315to listen full audiobooks.
Title: The Original Meaning of the Fourteenth Amendment: Its Letter & Spirit
Author: Randy E. Barnett, Evan D. Bernick
Narrator: David De Vries
Format: Unabridged Audiobook
Length: 18 hours 6 minutes
Release date: November 22, 2022
Genres: Social Science
Publisher's Summary:
Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment's key clauses...2022-11-226h 06
Listen to Best Full Audiobooks in Non-Fiction, Social ScienceThe Original Meaning of the Fourteenth Amendment: Its Letter & Spirit by Randy E. Barnett, Evan D. BernickPlease visit https://thebookvoice.com/podcasts/1/audiobook/619315 to listen full audiobooks. Title: The Original Meaning of the Fourteenth Amendment: Its Letter & Spirit Author: Randy E. Barnett, Evan D. Bernick Narrator: David De Vries Format: Unabridged Audiobook Length: 18 hours 6 minutes Release date: November 22, 2022 Genres: Social Science Publisher's Summary: Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment's key...2022-11-2230 minListen to Best Full Audiobooks in Non-Fiction, Social ScienceThe Original Meaning of the Fourteenth Amendment: Its Letter & Spirit by Randy E. Barnett, Evan D. BernickPlease visithttps://thebookvoice.com/podcasts/1/audiobook/619315to listen full audiobooks.
Title: The Original Meaning of the Fourteenth Amendment: Its Letter & Spirit
Author: Randy E. Barnett, Evan D. Bernick
Narrator: David De Vries
Format: Unabridged Audiobook
Length: 18 hours 6 minutes
Release date: November 22, 2022
Genres: Social Science
Publisher's Summary:
Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment's key clauses...2022-11-226h 06
Top Full Audiobooks in Non-Fiction, Current Affairs, Law, & PoliticsThe Original Meaning of the Fourteenth Amendment: Its Letter & Spirit by Evan D. Bernick, Randy E. BarnettPlease visit https://thebookvoice.com/podcasts/1/audiobook/619315 to listen full audiobooks. Title: The Original Meaning of the Fourteenth Amendment: Its Letter & Spirit Author: Evan D. Bernick, Randy E. Barnett Narrator: David De Vries Format: Unabridged Audiobook Length: 18 hours 6 minutes Release date: November 22, 2022 Genres: Current Affairs, Law, & Politics Publisher's Summary: Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the...2022-11-2230 minListen to Top Full Audiobooks in Non-Fiction, Current Affairs, Law, & PoliticsThe Original Meaning of the Fourteenth Amendment: Its Letter & Spirit by Evan D. Bernick, Randy E. BarnettPlease visithttps://thebookvoice.com/podcasts/1/audiobook/619315to listen full audiobooks.
Title: The Original Meaning of the Fourteenth Amendment: Its Letter & Spirit
Author: Evan D. Bernick, Randy E. Barnett
Narrator: David De Vries
Format: Unabridged Audiobook
Length: 18 hours 6 minutes
Release date: November 22, 2022
Genres: Current Affairs, Law, & Politics
Publisher's Summary:
Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment's...2022-11-226h 06
Legal Face-offParody as protected speech, Tim Donaghy scandal, Black Women Lawyers’ Association and more
Happy Halloween from Legal Face-Off!
Northern Illinois University Constitutional Law Professor Evan Bernick joins Rich and Tina to discuss the recent suit filed for the protected nature of satirical speech.
The Citadel Professor of Criminal Justice Sean Patrick Griffin provides insight on the Netflix documentary Untold: Operation Flagrant Foul regarding Tim Donaghy.
Sunrun Senior Manager of Public Policy and former Black Women Lawyers’ Association President Nakhia Crossley discusses Washington D.C.’s Sisters in the Law event celebrating Justice Ketanji Brown Jackson’s first day on the Supreme Court, as well as the Black...2022-11-0100 min
The Brion McClanahan ShowEp. 723: "Progressive Originalism" and the 14th AmendmentDoes "Progressive Originalism" exist? And what does it mean? Randy Barnett and Evan Bernick recently published an extensive history of the 14th Amendment that makes the case for "progressive originalism." This ties into the "myths of American history."
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Support this podcast: https://podcasters.spotify.com/pod/show/brion-mcclanahan/support2022-10-1945 min
Free ThoughtsHow the 14th Amendment Changed America (with Randy Barnett and Evan Bernick)Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick in their new book The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit, the Supreme Court has long misunderstood or ignored the original meaning of the amendment’s key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws.On today’s episode, they join us to answer ques...2022-09-3052 min
FedSoc ForumsThe Original Meaning of the Fourteenth Amendment: Implications for Labor LawThe past few years have witnessed a flurry of new scholarship related to the original meaning of the Fourteenth Amendment, particularly the Privileges or Immunities Clause and its associated citizenship declarations. Evan Bernick, a professor at Northern Illinois University, is the co-author with Randy Barnett of The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit. Christopher Green, a professor at the University of Mississippi, is the author of Equal Citizenship, Civil Rights, and the Constitution: The Original Sense of the Privileges or Immunities Clause, as well as a review of Evan's book, to which he and Barnett have...2022-09-091h 00
Live From My OfficeSupreme ShockThe end of Roe V Wade was a big focus of today's Steve Cochran Show on WLS AM 890, so we wanted to give you some of the highlights here. I'll share my thoughts, and talk to an actual expert, Evan Bernick Associate Professor at Northern Illinois University School of Law. Stick around to hear an actual hero, Idriz Redzovic. Thanks for listening!SHOW NOTESPick up an Obvious Shirt. It helps, and you look cool. It's that easy.Listen to me on the radio weekday mornings from 5:30-9:00 on WLS AM 890, online, on your...2022-06-2836 min
Live From My OfficeSupreme ShockThe end of Roe V Wade was a big focus of today's Steve Cochran Show on WLS AM 890, so we wanted to give you some of the highlights here. I'll share my thoughts, and talk to an actual expert, Evan Bernick Associate Professor at Northern Illinois University School of Law. Stick around to hear an actual hero, Idriz Redzovic. Thanks for listening!SHOW NOTESPick up an Obvious Shirt. It helps, and you look cool. It's that easy.Listen to me on the radio weekday mornings from 5:30-9:00 on WLS AM 890, online, on your smart speaker, or on the TuneIn Radio...2022-06-2836 min
Supreme MythsProfessor Evan BernickProfessor Evan Bernick stops by Supreme Myths to talk abortion, originalism, common-good constitutionalism, and Congress’ powers under the 14th Amendment.2022-06-0958 min
FedSoc EventsPanel 1 - Different Perspectives on The Fourteenth AmendmentThe Fourteenth Amendment, adopted in 1868, dramatically changed constitutional law. How are we to understand these changes? How would an originalist understand these changes? Did the Fourteenth Amendment change our Federalism and, if so, how much? Does the Fourteenth Amendment protect unenumerated rights?Speakers:Prof. Evan D. Bernick, Assistant Professor, Northern Illinois University College of LawProf. Ilan Wurman, Associate Professor, Sandra Day O'Connor College of Law, Arizona State UniversityModerator: Hon. Chad A. Readler, United States Court of Appeals, Sixth Circuit2022-05-311h 07
The Bob Zadek ShowEvan Bernick on the Dobbs DraftPolitico’s publication of a leaked draft of the Dobbs decision has turned the Internet upside-down, with rampant speculation about who the leaker was, whether the decision is final, and what will happen next if early-term abortion once again becomes a policy issue for states to decide rather than a right upheld by the Supreme Court.I find the details of the leak uninteresting (except insofar as it impacts the legitimacy of the court). I am much more interested in how the five Justices voting in the majority arrived at their tentative opinion. Evan Bernick, a la...2022-05-0950 min
cmdX anDre Articles "Law of WE "podcastWhat is the “Independent State Legislature Doctrine”?Earlier this month, the U.S. Supreme Court refused to block new congressional maps in North Carolina and Pennsylvania from going into effect. Both states’ maps had been redrawn by state courts, overriding maps that had been enacted by the states’ Republican legislatures. This means that the 2022 congressional elections in both states will proceed using the court-drawn maps. Despite the fact that the U.S. Supreme Court declined to intervene, four of the justices indicated they’re ready to address the doctrine at the heart of the cases: the independent state legislature theory. To unpack all that’s at stake—and explai...2022-03-181h 05
We the PeopleWhat is the “Independent State Legislature Doctrine”?Earlier this month, the U.S. Supreme Court refused to block new congressional maps in North Carolina and Pennsylvania from going into effect. Both states’ maps had been redrawn by state courts, overriding maps that had been enacted by the states’ Republican legislatures. This means that the 2022 congressional elections in both states will proceed using the court-drawn maps. Despite the fact that the U.S. Supreme Court declined to intervene, four of the justices indicated they’re ready to address the doctrine at the heart of the cases: the independent state legislature theory.To unpack all that’s at sta...2022-03-181h 05
We the PeopleWhat is the “Independent State Legislature Doctrine”?Earlier this month, the U.S. Supreme Court refused to block new congressional maps in North Carolina and Pennsylvania from going into effect. Both states’ maps had been redrawn by state courts, overriding maps that had been enacted by the states’ Republican legislatures. This means that the 2022 congressional elections in both states will proceed using the court-drawn maps. Despite the fact that the U.S. Supreme Court declined to intervene, four of the justices indicated they’re ready to address the doctrine at the heart of the cases: the independent state legislature theory.To unpack all that’s at sta...2022-03-181h 05
The Harvard BriefRandy E. Barnett and Evan D. Bernick, "The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit" (Harvard UP, 2021)Adopted in 1868, the Fourteenth Amendment profoundly changed the US constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. In The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (Harvard University Press, 2022), Dr. Randy Barnett and Dr. Evan Bernick argue that the Supreme Court has long misunderstood or ignored the original meaning of the amendment’s key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. In fact, they argue that “it is simply not the ca...2022-03-0745 min
New Books with Miranda MelcherRandy E. Barnett and Evan D. Bernick, "The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit" (Harvard UP, 2021)Adopted in 1868, the Fourteenth Amendment profoundly changed the US constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. In The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (Harvard University Press, 2022), Dr. Randy Barnett and Dr. Evan Bernick argue that the Supreme Court has long misunderstood or ignored the original meaning of the amendment’s key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. In fact, they argue that “it is simply not the ca...2022-03-0745 min
New Books in LawRandy E. Barnett and Evan D. Bernick, "The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit" (Harvard UP, 2021)Adopted in 1868, the Fourteenth Amendment profoundly changed the US constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. In The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (Harvard University Press, 2022), Dr. Randy Barnett and Dr. Evan Bernick argue that the Supreme Court has long misunderstood or ignored the original meaning of the amendment’s key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. In fact, they argue that “it is simply not the case t...2022-03-0745 min
Power LineThe Three Whisky Happy Hour: Getting Right with the 14th Amendment, with Randy BarnettLucretia added to her intrepid legend by venturing into the asylum at Berkeley this week to record this episode in person with Georgetown Law Professor Randy Barnett about his new book (co-authored with Evan Bernick), The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit. To remind listeners, Barnett argued the Gonzalez v. Raich case that challenged the unlimited reach of the... Source2022-02-261h 06
After WordsRandy Barnett & Evan Bernick: The Original Meaning of the Fourteenth AmendmentThe post-Civil War change to the Constitution is the topic of law professors Randy Barnett and Evan Bernick's book, "The Original Meaning of the Fourteenth Amendment." They're interviewed by Yale Law professor John Witt. Learn more about your ad choices. Visit megaphone.fm/adchoices2022-01-091h 05
Red, White, and ConfusedHolding Parents Accountable for the Oxford High School Shooting: A Dangerous Precedent?On November 30th, a 15-year old boy in Michigan at Oxford High School opened fire, killing four other children, and wounding several others. Karen McDonald, the prosecutor in this case, has brought charges not only against the 15-year-old shooter, but also against his parents. Today I have invited Professor Evan Bernick (Assistant Professor of Law at Northern Illinois University College of Law) to join me on the show to talk about these developments. We discuss his recent article in the Washington Post about this case, as well as his new co-authored book, The Original Meaning of the Fou...2021-12-2326 minLegal Face-offAlexander on Potter, Bernick on the Crumbleys, Fisher on Astroworld lawsuit and much more
Law enforcement and police training consultant Dr. Cedric Alexander joins Rich and Tina to discuss former officer Kim Potter’s trial in the shooting death of Daunte Wright.
Northern Illinois University Assistant Professor of Law Evan Bernick discusses the manslaughter charges of James and Jennifer Crumbley and his new book “The Original Meaning of the 14th Amendment.”
Attorney Valerie Cortinas Fisher discusses the recent Travis Scott interview regarding the AstroWorld tragedy.
In the Legal Grab Bag, Tina, Rich and Joe are joined by Komie and Associates Partner Stephen Komie and “Going Places” podcast host Caraly...2021-12-2100 min
Short CircuitShort Circuit 200 | OriginsIt’s our 200th episode! We’re taking this second century as an excuse to explore where Short Circuit came from and what it’s done, both the podcast and the newsletter. We start things off at the very beginning with Short Circuit’s editor and the podcast’s original host John Ross. Then it’s a blast-from-the-past with Clark Neily and Evan Bernick. We close things off with guest host Paul Sherman and Short Circuit Live host Anya Bidwell. You’ve heard how Spiderman and Batman came to be, but do you know what traumatic event led to Short Circuit...2021-12-1700 min
The Weekly Reload PodcastProfessor Evan Bernick on Charges Against the Michigan School Shooter's ParentsOn this episode, I talk to Northern Illinois University College of Law professor Evan Bernick about the unprecedented charges against the parents of the 15-year-old who allegedly murdered 4 of his classmates in Michigan late last month.
We discuss his recent piece in The Washington Post warning of the dangers of the case. Bernick is skeptical of the logic being employed by prosecutors to charge the parents with negligent manslaughter in an attempt to hold them responsible for their son's criminal acts. He argues the prosecution could set a troubling new precedent that will be used against vulnerable...2021-12-131h 03
Q&ARandy Barnett & Evan Bernick, "The Original Meaning of the 14th AmendmentThe 14th Amendment to the U.S. Constitution, which states that "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws," is one of the most adjudicated amendments. The 1868 adoption of it has led to numerous Supreme Court cases and interpretations. Professors Randy Barnett (Georgetown University Law Center) and Evan Bernick (Northern Illinois University College of Law...2021-11-151h 03
Excited Utterance111 Evan BernickFourteenth Amendment Confrontation. Evan Bernick from Northern Illinois University challenges the originalist arguments made by the Supreme Court in Crawford v. Washington and argues that an originalist perspective on the clause must take into account understandings of Confrontation at the time of the Reconstruction amendments.2021-11-0100 minExcited Utterance111 Evan BernickFourteenth Amendment Confrontation. Evan Bernick from Northern Illinois University challenges the originalist arguments made by the Supreme Court in Crawford v. Washington and argues that an originalist perspective on the clause must take into account understandings of Confrontation at the time of the Reconstruction amendments.2021-11-0100 min
Law Review SquaredEliminating Constitutional LawIn this episode, Tony discusses Eliminativism with Professor Evan Bernick from NIU. Does constitutional law actually exist? Do constitutional decisionmakers need to have a theory of law in order to choose a constitutional theory? Does whether something is law carry moral weight? How does a judge or other decision maker make decisions when presented with an unjust law? Also, is twitter going to be the new way to submit law review articles?
The article discussed is: Evan D. Bernick, Eliminating Constitutional Law, South Dakota Law Review (Forthcoming).
Guest: Evan Bernick
Host: Tony Fernando2021-09-2722 min
Law Review SquaredEliminating Constitutional LawIn this episode, Tony discusses Eliminativism with Professor Evan Bernick from NIU. Does constitutional law actually exist? Do constitutional decisionmakers need to have a theory of law in order to choose a constitutional theory? Does whether something is law carry moral weight? How does a judge or other decision maker make decisions when presented with an unjust law? Also, is twitter going to be the new way to submit law review articles?
The article discussed is: Evan D. Bernick, Eliminating Constitutional Law, South Dakota Law Review (Forthcoming).
Guest: Evan Bernick
Host: Tony Fernando2021-09-2722 min
Ipse DixitEvan Bernick on Eliminating Constitutional LawIn this episode, Evan Bernick, Executive Director of the Georgetown Center for the Constitution and Visiting Professor of Law at Georgetown University Law Center, discusses his article "Eliminating Constitutional Law," which will be published in the South Dakota Law Review. Bernick begins by briefly describing the different ways legal theorists talk about the concept of law and how they are different. He observes that some legal theorists have argued that the law requires us to adopt particular methodologies of constitutional interpretation, and explains why he thinks they are wrong. He argues that we should eliminate reliance on legalism from...2021-06-1532 minShort CircuitShort Circuit 171 | Should Originalists Party Like It’s 1868, not 1791?On a special Short Circuit, professors Christopher Green and Evan Bernick join your host Anthony Sanders to examine one of the great questions of the Fourteenth Amendment: When courts apply the Bill of Rights to the States, should they give those provisions the meaning they had when they were adopted, in 1791, or how they were understood when the Fourteenth Amendment was adopted, in 1868? The question is important, argue our guests, both methodologically and practically. Among other things, using the meaning the Bill of Rights had in 1868 might better fulfill the promise of Reconstruction, which was largely lost when the...2021-04-2258 minIpse DixitEvan Bernick on Constitutional HedgingIn this episode, Evan Bernick, Executive Director of the Georgetown Center for the Constitution and Visiting Professor of Law at Georgetown, discusses his article "Constitutional Hedging." Bernick begins by explaining that "constitutional hedging" is when judges consider the merits and demerits of multiple theories of constitutional interpretation when deciding how to answer a question, rather than pre-committing to one preferred theory. He describes how judges might engage in constitutional hedging, and observes that it may be a more systematic version of how many judges already answer constitutional questions. He also reflects on how constitutional hedging squares with different normative...2021-03-3037 min
Utah Politics37. Two Evan's and a BobOn this week's episode, we're joined by former presidential candidate Evan McMullin to discuss the aftermath of the January 6 attack on the U.S. Capitol, the backlash from Sen. Mitt Romney's vote to convict former President Donald Trump in his second impeachment trial and the future of the Republican Party. Senate Majority Leader Evan Vickers, R-Cedar City, and Assistant House Majority Whip Val Peterson, R-Orem discuss SB195, which overhauls Utah's emergency powers law. The bill gives the legislature more of a policymaking role during a long-term emergency like a pandemic.Plus, we discuss some of...2021-02-1951 min
FedSoc EventsShowcase Panel I: What is Originalism?On November 14, 2019, the Federalist Society hosted a showcase panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The title of the panel was "What is Originalism?"While originalism is on the rise today, its content has become fractal with different views of what are the methods of determining a constitutional provision's meaning. This panel would look at the many types of originalism and consider the extent to which the theoretical differences will result in different outcomes.*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions...2019-12-121h 47Ipse DixitEvan Bernick and Christopher Green on the Ontology of the ConstitutionIn this episode, Christopher Green, Professor of Law and H.L.A. Hart Scholar in Law and Philosophy at the University of Mississippi School of Law, and Evan D. Bernick, Law Clerk to the Honorable Diane S. Sykes of the United States Court of Appeals for the Seventh Circuit, discuss their draft article "What is the Object of the Article VI Oath?" Bernick and Green begin by describing the nature and purpose of Article VI oath. They explain that swearing an oath to "this Constitution" implies a theory of the ontology of the Constitution, with both first- and second-order...2019-12-0441 min
Necessary & Proper PodcastNecessary & Proper Episode 29: Is the Nondelegation Doctrine Really Dead?On October 4, the Georgetown Chapter held an event titled "Is the Nondelegation Doctrine Really Dead?: A Post-argument Discussion of Gundy v. United States". This panel was moderated by Professor Evan Bernick (Georgetown) and the panelists were Todd Gaziano (Pacific Legal Foundation) and Amanda Shanor (American Civil Liberties Union). We hope you enjoy this podcast!2018-10-301h 17