Shows
We the PeopleThe Constitutional Legacy of Justice Robert JacksonJohn Q. Barrett, discoverer and editor of Robert H. Jackson's acclaimed book That Man: An Insider's Portrait of Franklin D. Roosevelt and writer of the popular blog The Jackson List, joins author and constitutional scholar Gerard Magliocca, author of The Actual Art of Governing: Justice Robert H. Jackson's Concurring Opinion in the Steel Seizure Case, and G. Edward White, author of Robert H. Jackson: A Life in Judgment, to discuss the Jackson’s legacy in debates over presidential power, constitutional interpretation, and the prosecution of war crimes at Nuremberg. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.
T...
2025-12-2557 min
cmdX anDre Articles "Law of WE "podcastThe Constitutional Legacy of Justice Robert JacksonJohn Q. Barrett, discoverer and editor of Robert H. Jackson's acclaimed book That Man: An Insider's Portrait of Franklin D. Roosevelt and writer of the popular blog The Jackson List, joins author and constitutional scholar Gerard Magliocca, author of The Actual Art of Governing: Justice Robert H. Jackson's Concurring Opinion in the Steel Seizure Case, and G. Edward White, author of Robert H. Jackson: A Life in Judgment, to discuss the Jackson’s legacy in debates over presidential power, constitutional interpretation, and the prosecution of war crimes at Nuremberg. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program is prese...
2025-12-2557 min
Live at the National Constitution CenterThe Constitutional Legacy of Justice Robert JacksonIn this episode, John Q. Barrett, discoverer and editor of Robert H. Jackson's acclaimed book That Man: An Insider's Portrait of Franklin D. Roosevelt and writer of the popular blog The Jackson List, joins author and constitutional scholar Gerard Magliocca, author of The Actual Art of Governing: Justice Robert H. Jackson's Concurring Opinion in the Steel Seizure Case, and G. Edward White, author of Robert H. Jackson: A Life in Judgment, to discuss the Justice’s influential concurrence in Youngstown Sheet & Tube Co. v. Sawyer, his approach to constitutional interpretation, and the lasting legacy he left on debates over president...
2025-12-2357 minLive at the National Constitution CenterAmending the Constitution and the Article V ProjectIn this episode, the National Constitution Center launches its Article V Project, a new initiative exploring the founders’ vision for Article V and an historical look at the use of the Article V process from 1789 to the present. Project contributors and constitutional law experts Gerard Magliocca, Sanford Levinson, Michael Rappaport, and Stephen Sachs explore the origins, debates, and ongoing challenges surrounding Article V in this conversation about their new essays.Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.
This program is presented in conjunction with the Article V Project, made possible by Democracy Restated.
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2025-12-1658 minWe the PeopleAmending the Constitution and the Article V ProjectIn this episode, the National Constitution Center launches our Article V Project, a new initiative examining the founders’ vision for Article V and an historical look at the use of the Article V process from 1789 to the present. Project contributors and constitutional law scholars Gerard Magliocca, Sanford Levinson, Michael Rappaport, and Stephen Sachs explore the origins, debates, and ongoing challenges surrounding Article V, as presented in their essays. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on December 3, 2025. The Article V Projec...
2025-12-0558 mincmdX anDre Articles "Law of WE "podcastAmending the Constitution and the Article V ProjectIn this episode, the National Constitution Center launches our Article V Project, a new initiative examining the founders’ vision for Article V and an historical look at the use of the Article V process from 1789 to the present. Project contributors and constitutional law scholars Gerard Magliocca, Sanford Levinson, Michael Rappaport, and Stephen Sachs explore the origins, debates, and ongoing challenges surrounding Article V, as presented in their essays. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on December 3, 2025. The Article V Project wa...
2025-12-0558 min
The Indiana Lawyer Podcast with Maura JohnsonIU McKinney Law professor Gerard Magliocca on Trump's executive order on birthright citizenshipGerard Magliocca, professor at Indiana University Robert H. McKinney School of Law, joins host Alexa Shrake to discuss President Donald Trump's recent executive order aimed at redefining birthright citizenship, a principle established by the 14th Amendment. Magliocca provides historical context on the amendment's ratification, explains its intended purpose after the Civil War, and examines the legal arguments surrounding Trump's controversial order. He analyzes the ongoing litigation, which has seen federal judges issue temporary injunctions halting the policy's enforcement.
2025-04-1610 min
Ohio V. The WorldA New Birth of Freedom:: John Bingham and the 14th AmendmentEpisode 4: "Ohio v. the 14th Amendment" John Bingham is one of the most important figures in American history to be all but forgotten. He drafted one of the most important Constitutional amendments: the 14th Amendment. Bingham spent decades 8 terms in Congress, prosecuted the Lincoln assassination conspirators and prosecuted the first ever Presidential Impeachment trial in 1868. We live with the rights his Constitutional amendment gave us, yet no one seems to remember his contributions.We follow the Cadiz, Ohio native's career in politics and law. From his abolitionist roots in Eastern Ohio, to his decades in Washington, DC...
2024-05-141h 13
The Lawfare Podcast: Patreon EditionUnpacking the Supreme Court’s Fourteenth Amendment RulingOn March 4, the Supreme Court ruled in Trump v. Anderson, holding that states cannot disqualify Donald Trump from appearing on the presidential ballot under Section 3 of the Fourteenth Amendment. Section 3 bars former officeholders who have since engaged in insurrection from taking future public office—and in recent months, a slew of lawsuits from voters and advocacy groups have pointed to the provision in seeking to strike Trump from the ballot in various states for his conduct on Jan. 6. The Court’s judgment rules out that possibility—but leaves a surprising amount of questions unsettled, in a way that may queue...
2024-03-1149 min
The Lawfare PodcastUnpacking the Supreme Court’s Fourteenth Amendment RulingOn March 4, the Supreme Court ruled in Trump v. Anderson, holding that states cannot disqualify Donald Trump from appearing on the presidential ballot under Section 3 of the Fourteenth Amendment. Section 3 bars former officeholders who have since engaged in insurrection from taking future public office—and in recent months, a slew of lawsuits from voters and advocacy groups have pointed to the provision in seeking to strike Trump from the ballot in various states for his conduct on Jan. 6. The Court’s judgment rules out that possibility—but leaves a surprising amount of questions unsettled, in a way that may queue...
2024-03-1149 min
Legal Face-off14th Amendment, Kenneth Smith’s execution, explicit online images, & much more
Loyola Law School Professor of Law Justin Levitt and Indiana University Professor of Law Gerard Magliocca discuss the 14th Amendment Supreme Court arguments.
Fordham University Professor of Law Deborah Denno discusses Kenneth Smith’s execution.
Syracuse University College of Law Professor Shubha Ghosh explains the legal implications of explicit online images.
In the Legal Grab Bag, Tina and Rich are joined by KPM Law Partner Matt Liller and Fix the Court Executive Director Gabe Roth to discuss the Crumbley verdict, Larry David, George Carlin AI and much more.
https://serve.castfire.com/au...
2024-02-1000 minThe Lawfare Podcast: Patreon EditionTrump's Trials and Tribulations: Supreme Court Oral Arguments in the Trump Disqualification CaseOn February 8, the Supreme Court heard oral arguments in Trump v. Anderson, on the Colorado Supreme Court's ruling that former President Donald Trump is disqualified from the office of the presidency under Section 3 of the 14th Amendment and cannot appear on the 2024 presidential ballot.On this week's “Trump's Trials and Tribulations,” recorded on February 8 in front of a live audience on YouTube and Zoom, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff and Quinta Jurecic, Lawfare Legal Fellow and Courts Correspondent Anna Bower, and law professor at Indiana University Gerard Magliocca to talk about...
2024-02-091h 24The Lawfare PodcastTrump's Trials and Tribulations: Supreme Court Oral Arguments in the Trump Disqualification CaseOn February 8, the Supreme Court heard oral arguments in Trump v. Anderson, on the Colorado Supreme Court's ruling that former President Donald Trump is disqualified from the office of the presidency under Section 3 of the 14th Amendment and cannot appear on the 2024 presidential ballot.On this week's “Trump's Trials and Tribulations,” recorded on February 8 in front of a live audience on YouTube and Zoom, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff and Quinta Jurecic, Lawfare Legal Fellow and Courts Correspondent Anna Bower, and law professor at Indiana University Gerard Magliocca to talk about...
2024-02-091h 24
The Josh Marshall PodcastBelaboring The Point: Heed History's WarningKate and TPM's Josh Kovensky chat with professor Gerard Magliocca, an expert on the disqualification clause, about what to expect in upcoming Supreme Court arguments on booting Donald Trump from the ballot.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
2024-01-2640 minWe the PeopleShould President Trump Be Allowed on the 2024 Ballot?Last month, the Colorado Supreme Court and the Maine Secretary of State determined that President Trump “engaged in an insurrection” after taking an oath to uphold the Constitution and that he is therefore disqualified from serving as president under Section 3 of the 14th Amendment. In this episode, professors Josh Blackman of the South Texas College of Law Houston and Gerard Magliocca of the Indiana University Robert H. McKinney School of Law dive into the meaning and purpose of Section 3 of the 14th Amendment and the arguments for and against Trump’s eligibility to run for a second term this fall...
2024-01-111h 00cmdX anDre Articles "Law of WE "podcastShould President Trump Be Allowed on the 2024 Ballot?Last month, the Colorado Supreme Court and the Maine Secretary of State determined that President Trump “engaged in an insurrection” after taking an oath to uphold the Constitution and that he is therefore disqualified from serving as president under Section 3 of the 14th Amendment. In this episode, professors Josh Blackman of the South Texas College of Law Houston and Gerard Magliocca of the Indiana University Robert H. McKinney School of Law dive into the meaning and purpose of Section 3 of the 14th Amendment and the arguments for and against Trump’s eligibility to run for a second term this fall. Jeffre...
2024-01-111h 00
The Colin McEnroe ShowIt’s kind of Civil War days right nowIt’s kind of Civil War days right now. Presidential candidate Nikki Haley choked on the cause. Former President Trump is being disqualified from state ballots based on an amendment intended to keep Confederate leaders from holding federal offices and charged with another offense derived from the Civil War. This hour: Are we in the Civil War era? And what would it mean if we were? Plus, what another civil war could look like. GUESTS: Caroline Janney: Professor of history of American Civil War and the director of the Nau Center for Civil War Histo...
2024-01-1049 minThe Lawfare PodcastThe Colorado Supreme Court Has Its DayIn an end-of-the-day ruling on Tuesday, the Colorado Supreme Court struck Donald Trump from the Republican primary ballot on grounds that he was disqualified for the presidency as a result of Section 3 of the 14th Amendment. The decision now appears to be fast-tracked to Supreme Court consideration that could obliterate it or make it apply nationally. To go over all the twists and turns, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and Gerard Magliocca, a professor at the University of Indiana, who wrote a key law review article on Section 3 of the 14t...
2023-12-2151 min
Amarica's ConstitutionSense and Nonsensibility on Section 3 - Special Guests Mark Graber and Gerard MaglioccaDonald Trump’s disqualification for the Presidency under Section 3 of the 14th Amendment is on the docket for the Colorado Supreme Court next week. We have brought the two leading experts on the history of this clause to our podcast. They have written extensively on the 38th-40th Congresses who passed and first acted under the amendment; on John Bingham, the “James Madison” of the Fourteenth; and they continue to provide pertinent historical details on almost a daily basis. Professor Magliocca testified in the District Court hearing on this. Suffice it to say, then, that the best arguments on both side...
2023-11-291h 32
The GistNot Defeating, But Disqualifying DonaldIndiana University law professor Gerard Magliocca says just as Confederate officers were Constitutionally barred from seeking office, so too should Donald Trump be disqualified under the 14th Amendment. Plus, Fox's ClusterTuck and CNN's Lemonexit. And the not-very-complex complexities of so many shootings. Produced by Joel Patterson and Corey Wara Email us at thegist@mikepesca.com To advertise on the show, visit: https://advertisecast.com/TheGist Subscribe to The Gist Subscribe: https://subscribe.mikepesca.com/ Follow Mikes Substack at: Pesca Profundities | Mike Pesca | Substack
2023-04-2536 min
cmdX anDre Articles "Law of WE "podcastThe Public Debt Clause and the Debt CeilingThe Public Debt Clause of the 14th Amendment states: “The Validity of the public debt of the United States, authorized by law …. shall not be questioned.” Recent debates—including the most recent standoff between President Joe Biden and Speaker of the House Kevin McCarthy over the debt ceiling—have raised the question as to whether this clause can be invoked to overcome the crisis. In today’s episode, we drill down on why the public debt clause was written, how it's been interpreted by the Supreme Court, and how things might play out today if it were used by President Biden. Guest...
2023-02-0348 min
We the PeopleThe Public Debt Clause and the Debt CeilingThe Public Debt Clause of the 14th Amendment states: “The Validity of the public debt of the United States, authorized by law …. shall not be questioned.” Recent debates—including the most recent standoff between President Joe Biden and Speaker of the House Kevin McCarthy over the debt ceiling—have raised the question as to whether this clause can be invoked to overcome the crisis. In today’s episode, we drill down on why the public debt clause was written, how it's been interpreted by the Supreme Court, and how things might play out today if it were used by President Bi...
2023-02-0348 min
Leadership and Legacy: Conversations at the George Washington Presidential Library226. Cross-examining Washington's Heir with Prof. Gerard MaglioccaWhen George Washington wrote his final will in the months before he died in December 1799, he named Bushrod Washington as heir to his papers and to Mount Vernon. He took possession of his uncle’s Virginia plantation when Martha Washington passed away in 1802. But Bushrod was not as interested in agriculture as George had been. He was a lawyer who later became an Associate Justice on the United States Supreme Court, where he became a staunch ally of Chief Justice John Marshall. Yet, like George, Bushrod owned numerous enslaved people and became one of the founding members of the American Co...
2022-10-3142 min
Full Trial Audiobooks in Biography & Memoir, Law & PoliticsWashington's Heir: The Life of Justice Bushrod Washington by Gerard N. MaglioccaPlease visit https://thebookvoice.com/podcasts/1/audiobook/594978 to listen full audiobooks. Title: Washington's Heir: The Life of Justice Bushrod Washington Author: Gerard N. Magliocca Narrator: Paul Heitsch Format: Unabridged Audiobook Length: 8 hours 10 minutes Release date: August 16, 2022 Genres: Law & Politics Publisher's Summary: The first biography of George Washington's extraordinary nephew, who inherited Mount Vernon and was Chief Justice John Marshall's right-hand man on the Supreme Court for nearly thirty years. In Washington's Heir, Gerard N. Magliocca gives us the first published biography of Bushrod Washington, one of the most underrated Founding Fathers. Born in 1762, Justice Washington fought in the Revolutionary War...
2022-08-1630 min
Explore the Latest Audiobooks in Non-Fiction, Current Affairs, Law, & PoliticsWashington's Heir: The Life of Justice Bushrod Washington by Gerard N. MaglioccaPlease visit https://thebookvoice.com/podcasts/1/audiobook/594978 to listen full audiobooks. Title: Washington's Heir: The Life of Justice Bushrod Washington Author: Gerard N. Magliocca Narrator: Paul Heitsch Format: Unabridged Audiobook Length: 8 hours 10 minutes Release date: August 16, 2022 Genres: Current Affairs, Law, & Politics Publisher's Summary: The first biography of George Washington's extraordinary nephew, who inherited Mount Vernon and was Chief Justice John Marshall's right-hand man on the Supreme Court for nearly thirty years. In Washington's Heir, Gerard N. Magliocca gives us the first published biography of Bushrod Washington, one of the most underrated Founding Fathers. Born in 1762, Justice Washington fought in the...
2022-08-1630 min
The Indiana Lawyer Podcast with Maura JohnsonIndiana Lawyer Podcast — May 18, 2022This week's episode includes disciplinary action taken against a southern Indiana judge, the finalists for the upcoming Marion Superior Court vacancy and a complaint filed by The Bail Project and ACLU of Indiana regarding a new Indiana law. This week's guest is Indiana University Robert H. McKinney School of Law professor Gerard Magliocca, who discusses the recent SCOTUS draft opinion leak, his involvement during an ALJ hearing in Georgia regarding U.S. Rep. Marjorie Taylor Greene and his new book on Justice Bushrod Washington.
2022-05-1837 min
Live at the National Constitution CenterAmerica’s Early Justices and How They Shaped the Supreme CourtHistorians and biographers provide a historical look at some of America’s earliest justices—from John Jay, the first chief justice, to George Washington’s nephew Bushrod Washington and Pennsylvania Founding Father James Wilson. Join Gerard Magliocca, author of Washington’s Heir: The Life of Justice Bushrod Washington, Supreme Court historian Maeva Marcus of George Washington University Law School, and Walter Stahr, author of John Jay: Founding Father and Salmon P. Chase: Lincoln’s Vital Rival, as they discuss the impact of these early justices on American history. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.Continue the c...
2022-04-2754 min
Opening ArgumentsOA565: How Madison Cawthorn Could Be Kept off the Ballot Check out this one WEIRD trick to.... *record scratch* wait a minute... it's not a weird trick? Wow! Well, check out this one legitimate way in which Madison Cawthorn could be kept off the ballot! It turns out, the Constitution actually isn't a super big fan of insurrections. Also, some additional info on anti-trust law, and a Wild Card (wooooooooo!) on a new bill written by a Democrat AND a Republican that actually has a chance of passing! Links: Cawthorn Complaint, Next day order staying proceedings, Gerard Magliocca, Amnesty and Section...
2022-02-011h 01
Legal Talk TodayDC Statehood (Part 2)In the second part of this two-part series, we pick up right where we left off with our discussion about our country’s traditional way for creating new states with Professor Gerard Magliocca from Indiana University Robert H. McKinney School of Law. Learn more about your ad choices. Visit megaphone.fm/adchoices
2021-02-0513 min
Legal Talk TodayDC Statehood (Part 1)In this two part series we talk about the Congressional push to convert Washington DC into our 51st state. Professor Gerard Magliocca from the Indiana University Robert H. McKinney School of Law joins us to discuss the history, policy, and possible legal paths forward for this latest effort. Learn more about your ad choices. Visit megaphone.fm/adchoices
2021-02-0312 min
All INSupreme Court Nominee Amy Coney BarrettAttention around Supreme Court nominee Amy Coney Barrett has grown, as the Senate Judiciary Committee is expected to pass the SCOTUS nominee for a confirmation vote from the full Senate.
Today we talk about who Amy Coney Barrett is with two of her colleagues, both professors of law at Notre Dame, and an expert on constitutional law from the IU McKinney School of Law. We talk about her judicial philosophies, the process it takes to become a judge, and the precedent of a nomination so close to an election.
Produced by Matt Pelsor.
Guests:
Nicole Garnett
Professor of Law, Notre...
2020-10-2000 min
Clauses & ControversiesEp 3 - Gold Clause Mumbo Jumbo (ft. Gerard Magliocca)Gold Clause Mumbo Jumbo
We love to talk about the Gold Clause Cases from the 1930s and wonder why our colleagues are less enthusiastic. In this episode, we talk with constitutional law expert Gerard Magliocca (Indiana) about the cases, which are the subject of Gerard’s wonderful article, The Gold Clause Cases and Constitutional Necessity. The basic plot is that, in the 1930s, the U.S. needed to devalue the currency but feared that this would bankrupt private borrowers and magnify the government’s own debt burden. The reason? Loan contracts called for repayment in gold dollars indexed to their pre...
2020-08-1737 min
In The Past Lane - The Podcast About History and Why It MattersThe 19th Century Origins of Birthright CitizenshipWhat defines a US citizen? Remarkably, no official definition existed until 1868 -- some 80 years after the ratification of the Constitution. That's the year the 14th Amendment was ratified. Its opening line reads, "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside." The origins of this form of citizenship, known as "birthright citizenship," are in large measure due to the efforts of free African Americans who, in the decades before the Civil War, developed and promoted a claim on US citizenship...
2019-05-1446 min
Live at the National Constitution CenterGerard Magliocca: The Heart of the ConstitutionIn celebration of Bill of Rights Day—the anniversary of the ratification of the first ten amendments to the Constitution, December 15th—we’re bringing you one of our favorite conversations from Bill of Rights Day 2017. Gerard Magliocca discusses his book The Heart of the Constitution: How the Bill of Rights Became the Bill of Rights, which tells the untold story of the most celebrated part of the Constitution, with NCC President and CEO Jeffrey Rosen. Questions or comments about the show? Email us at podcast@constitutioncenter.org.
2018-12-1954 min
We the PeopleJohn Bingham: Father of the 14th AmendmentJohn Bingham was one of the most influential but least known visionaries of the post-Civil War Constitution. Dubbed “the James Madison of the 14th Amendment” by Justice Hugo Black, Bingham drafted a constitutional provision that changed the course of American history by ensuring that states were duty-bound to uphold their citizens’ constitutional rights. A moderate Republican and dedicated supporter of abolition before the Civil War, Bingham spearheaded the Reconstruction-era efforts to guarantee citizenship to all people born in the United States, regardless of race, and to extend the Constitution’s promise of equality to all American citizens.Gerard M...
2018-08-0955 min
cmdX anDre Articles "Law of WE "podcastJohn Bingham: Father of the 14th AmendmentJohn Bingham was one of the most influential but least known visionaries of the post-Civil War Constitution. Dubbed “the James Madison of the 14th Amendment” by Justice Hugo Black, Bingham drafted a constitutional provision that changed the course of American history by ensuring that states were duty-bound to uphold their citizens’ constitutional rights. A moderate Republican and dedicated supporter of abolition before the Civil War, Bingham spearheaded the Reconstruction-era efforts to guarantee citizenship to all people born in the United States, regardless of race, and to extend the Constitution’s promise of equality to all American citizens. Gerard Magliocca is the Samu...
2018-08-0952 min
We the PeopleJohn Bingham: Father of the 14th AmendmentJohn Bingham was one of the most influential but least known visionaries of the post-Civil War Constitution. Dubbed “the James Madison of the 14th Amendment” by Justice Hugo Black, Bingham drafted a constitutional provision that changed the course of American history by ensuring that states were duty-bound to uphold their citizens’ constitutional rights. A moderate Republican and dedicated supporter of abolition before the Civil War, Bingham spearheaded the Reconstruction-era efforts to guarantee citizenship to all people born in the United States, regardless of race, and to extend the Constitution’s promise of equality to all American citizens.Gerard M...
2018-08-0955 min