Shows
How to Build a Nation in 15 WeeksSeries ConclusionAfter four seasons, more than 70 hours, and 75 episodes, Harry and Jon share some parting thoughts on the Constitution, the problems and struggles of interpretation, the role of politics and compromise, and some constitutional near misses. Rejecting the idea of finished products, we nonetheless say goodbye for now. (Editor's Note: Harry and John, you are both most welcome and thank you for letting me a part of this.)2022-08-3056 min
How to Build a Nation in 15 WeeksThe Presidency: the 22nd and 25th Amendments Despite the constitutional convention’s tentative rejection of term limits, early presidents establish a custom of two terms (each for their own reasons). After a few presidents flirt with a third (nonconsecutive) term, FDR goes for four, leading Congress to make custom binding. John Tyler takes over for Harrison and starts a custom of his own, but president succession remains unsettled. A later amendment fixes some problems but leaves room for mischief. (Editors Note: The primary recorder failed for this episode and the audio came from the microphones built into the computer. I am so sorry.)2022-08-232h 02
How to Build a Nation in 15 WeeksElections: the 20th AmendmentPoor initial planning leaves Congressional terms and Congressional sessions badly out of sync, and 130 years’ worth of long and short sessions. A dispute over shipping subsidies rebalances the sessions, but leaves a short lame duck period. Tweaks to the presidential election process solve one problem, permits Congress to solve another (if it ever gets around to it), but leave a number of issues unaddressed.2022-08-1639 min
How to Build a Nation in 15 WeeksDemocracy, Part 2: the 24th and 26th AmendmentsThe 24th Amendment goes halfway toward removing poll taxes—one of the many historical practices used to suppress voting on the basis of race and class—before the Supreme Court expands the scope of the 14th Amendment to go all the way. Earlier voting rights successes, lowering the military draft age to 18, student organizing, and a mediocre pop song lead to a change in the Voting Rights Act, and then to the 26th Amendment.2022-08-0955 min
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgSeason 3: Episode 5: RBG, Justice Marshall and the Death Penalty (Part 2)In Season 3, Episode 5 of Notorious, we continue to discuss the Eighth Amendment’s prohibition against cruel and unusual punishment – from Justice Marshall’s viewpoint, as well as Justice Ginsburg’s viewpoint. This topic is broken up into two episodes, with Episode 5 focusing mostly on Justice Ginsburg’s views and how those views intersect with those of Justice Marshall. Patterson Belknap attorneys Michelle Bufano, Greg Baker and Catherine Djang discuss the history of the death penalty, as well as the cases of Gregg v. Georgia and Glossip v. Gross, and the impact of their legal legacy on future capital pun...2022-07-1936 minNotorious: The Legal Legacy of Justice Ruth Bader GinsburgSeason 3: Episode 4: RBG, Justice Marshall and the Death Penalty (Part 1)In Season 3, Episode 4 of Notorious, we discuss the Eighth Amendment’s prohibition against cruel and unusual punishment – from Justice Marshall’s viewpoint, as well as Justice Ginsburg’s viewpoint. This topic is broken up into two episodes, with Episode 4 focusing mostly on Justice Marshall’s views and historical context. Patterson Belknap attorneys Michelle Bufano, Greg Baker and Catherine Djang discuss the history of the death penalty, as well as the cases of Gregg v. Georgia and Glossip v. Gross, and the impact of their legal legacy on future capital punishment jurisprudence. Related Resources: For a select...2022-07-0743 minNotorious: The Legal Legacy of Justice Ruth Bader GinsburgSeason 3: Episode 3: Justice Ginsburg and Justice Marshall’s Views on Campaign FinanceIn Season 3, Episode 3 of Notorious, we discuss campaign finance, from legal viewpoints of Justices Ginsburg and Marshall. Among the issues discussed are what it means to participate in a fair and free election and the intersection between money and its impact on free speech during a political campaign. Guests will include Patterson Belknap Partner Alejandro H. Cruz and Patterson Belknap Associates Greg Margolis and Bonita L. Robinson. Related Resources: For a selection of Justice Ginsburg’s writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection, edited by Corey Brettschneider. For more...2022-05-3142 minNotorious: The Legal Legacy of Justice Ruth Bader GinsburgJustice Marshall & Justice Ginsburg First Amendment JurisprudenceIn Season 3, Episode 2 of Notorious, we discuss the First Amendment and how it was addressed by Justice Ginsburg and Justice Marshall. Specifically, this episode will cover Justice Ginsburg’s and Justice Marshall’s jurisprudence concerning the religious clauses of the First Amendment, including the Establish Clause and the Free Exercise Clause. Guests will include Patterson Belknap Partner Michelle Bufano; Patterson Belknap Counsel Jacqueline Bonneau; and Patterson Belknap Associates Greg Margolis and Bonita Robinson. Related Resources: For a selection of Justice Ginsburg’s writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection, edited by Corey Brettsc...2022-04-2644 minNotorious: The Legal Legacy of Justice Ruth Bader GinsburgJustice Marshall & Justice Ginsburg’s Judicial PhilosophiesIn Season 3, Episode 1 of Notorious, we discuss Justice Thurgood Marshall’s and Justice Ruth Bader Ginsburg’s contributions to the Civil Rights Movement, and parallels and differences between their legal and judicial strategies. Guests will include Judge Joseph A. Greenway Jr., who currently sits on the United States Court of Appeals for the Third Circuit and previously sat on the U.S. District Court for the District of New Jersey; Gregory L. Diskant, Patterson Belknap Of Counsel and former judicial clerk to Justice Marshall; Patterson Belknap Partner Michelle M. Bufano; and Patterson Belknap Associate Mariana Múnera-Keating. Relat...2022-03-3150 min
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg2020-2021 Supreme Court TermFeaturing guest speakers, Corey Brettschneider, a professor at Brown University and editor of Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection, and Joshua Block, Senior Staff Attorney with the ACLU’s LGBT & HIV Project. In Season 2, Episode 6 of Notorious, we discuss the 2020-2021 Supreme Court Term and look back at specific cases and instances where Justice Ginsburg’s influence is still alive and well. Specifically, we discuss the cases, FDA v. American College of Obstetricians and Gynecologists, National Coalition for Men v. Selective Service System, Tanzin v. Tanvir, and Dobbs v. Jackson Women’s Health Organiza...2021-09-1853 min
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgA Discussion of Ricci v. DeStefanoIn Season 2, Episode 5 of Notorious, we discuss the case of Ricci v. DeStefano, which involved the question of whether the city of New Haven, Connecticut violated the Equal Protection Clause of the Fourteenth Amendment and Title VII of the Civil Rights Act when it rejected the results of a civil service exam given to firefighters. The results of the exam showed that white candidates had out-performed minority candidates and the question was raised as to whether the exam was discriminatory. The Supreme Court held 5–4 that New Haven's decision to ignore the test results violated Title VII because th...2021-09-1744 min
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgA Discussion of Adarand Construction v. PenaIn Season 2, Episode 4 of Notorious, we discuss the case of Adarand Construction v. Pena, which involved whether a federal statute, which provided for favor treatment to a suspect class to remedy past discrimination, violated the Equal Protection Clause as embodied in the Fifth Amendment. In this case, Adarand, a contractor specializing in highway guard rail work, submitted the lowest bid as a subcontractor for part of a project funded by the United States Department of Transportation. Under the terms of the contract, the prime contractor would receive additional compensation if it hired small businesses controlled by “socially an...2021-09-1648 min
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgA Discussion of Grutter v. BollingerIn Season 2, Episode 3 of Notorious, we discuss the case of Grutter v. Bollinger, which involved the question of whether a law school admissions policy that considered race as a factor in admissions violated the Equal Protection Clause of the Fourteenth Amendment or Title VII of the Civil Rights Act of 1964. The 5-4 majority opinion decided that the law school’s admission policy complied with the Equal Protection Clause and was written by Justice O’Connor and joined in whole by Justice Ginsburg, Justice Stevens, and Justice Breyer. The Court found that the law school’s stated interest that i...2021-09-1545 min
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgA Discussion of Gonzales v. CarhartFeaturing guest speaker, Mai Ratakonda of Planned Parenthood Federation of America. In Season 2, Episode 2 of Notorious, we discuss the case of Gonzales v. Carhart, which involved the Supreme Court’s consideration of the constitutionality of The Partial-Birth Abortion Ban Act of 2003 (“the Act”). In 2003, Congress passed and President Bush signed the Act into law. Dr. LeRoy Carhart and other physicians, who performed late term abortions, sued to stop the Act from going into effect. A federal district court agreed and ruled the Act unconstitutional. The government appealed to the U.S. Court of Appeals for the Eighth Circui...2021-09-1443 min
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgA Discussion of Justice Ginsburg’s Influence on OvercriminalizationIn Season 2, Episode 1 of Notorious, we explore Justice Ginsburg’s influence on overcriminalization in our justice system. Specifically, we discuss the broad statutes passed by Congress, the latitude afforded to prosecutors under these statutes, judicial interpretations of the law and the possibility that strict literalism in interpretation can lead to unintended results. We analyze the cases of Cleveland v. United States, Skilling v. United States, Yates v. United States, as well as Justice Ginsburg’s dissent in Pasquantino v. United States. We conclude the episode discussing Justice Ginsburg’s doctrinal views with respect to overcriminalization and scrutinize the ro...2021-09-1355 min
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgAnnouncing Season 2: Notorious: The Legal Legacy of Justice Ruth Bader GinsburgWe’re back, with a new season of Notorious, continuing our discussions of the late Justice Ruth Bader Ginsburg’s notable decisions and dissents. Season Two will air for six consecutive days beginning Monday, September 13th, with our final episode airing on Saturday, September 18th—the one year anniversary of Justice Ginsburg’s passing.2021-09-0900 min
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgEpisode 12: Reproductive Freedom: A Discussion of Whole Woman’s Health v. HellerstedtFeaturing guest speaker, Mai Ratakonda of Planned Parenthood Federation of America. In Episode 12 of Notorious, we discussed the case of Whole Woman’s Health v. Hellerstedt, which addressed issues related to reproductive freedom. At issue was a Texas Law that placed restrictions on physicians and facilities performing abortions. As a result, the U.S. Supreme Court considered whether the provisions violated the Due Process Clause of the 14th Amendment. Writing for the majority, Justice Breyer, joined by Justices Ginsburg, Kennedy, Sotomayor, and Kagan, highlighted a balancing test. The articulated balancing test considered whether the go...2021-04-2840 min
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgEpisode 11: Three Cheers for Beer: A Discussion of Craig v. BorenIn Episode 11 of Notorious, we discussed the case of Craig v. Boren, in which Ruth Bader Ginsberg, an attorney for the ACLU, helped shape a new level of judicial review in gender discrimination cases, appearing as amicus curiae. In addressing Oklahoma laws that prevented young men, but not young women, from consuming low alcohol-content beer, the United States Supreme Court held that the gender classifications at issue were unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. In making that determination, the Court found that the statistics relied on by the state were insufficient to show a...2021-04-2138 min
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgEpisode 10: A Tale of “Hanging Chads”: A Discussion of Bush v. GoreFeaturing Guest Speaker, Professor Rick Hasen of the University of California, Irvine. In Episode 10 of Notorious, we discussed the case of Bush v. Gore, which involved one of the closest presidential elections in United States history at that time. This case concerned the 2000 presidential election between George W. Bush and Al Gore. After Gore won the popular vote, the election’s outcome was contingent upon Florida and its twenty-five electoral votes. After Gore requested a recount of votes, the Florida Supreme Court held that the recount procedures were constitutional. In a per curium opinion, the Unit...2021-03-3139 min
How to Build a Nation in 15 WeeksReconstruction: ConclusionWe discuss the decisions and events leading to the end of formal Reconstruction, culminating with the corrupt bargain ending the election of 1876 and the continuing attacks on multiracial democracy in America. We conclude by reflecting on legacy of Reconstruction era amendments, the lingering effects of historical attempts to misrepresent and erase that legacy, and the unfinished work they represent. Participants: Harry Sandick, Jon Hatch2021-03-2334 min
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgEpisode 9: Strategic Gradualism: A Discussion of RBG’s Criminal Sentencing JurisprudenceIn Episode 9 of Notorious, we discussed a series of cases related to criminal sentencing, including: Apprendi v. New Jersey, United States v. Booker, and Kimbrough v. United States. Justice Ginsburg’s contributions to our country’s jurisprudence focus heavily on equality. Although less discussed, her criminal procedure jurisprudence expresses her commitment to fairness and equality. The area of criminal procedure where this dedication to fairness is particularly evident is in sentencing. She tended to be the critical swing vote in some of these cases. We also see how her commitment to fairness was marked by a simulta...2021-03-1752 minHow to Build a Nation in 15 WeeksBonus Episode: Impeachment ReduxIn the wake of the second Trump impeachment, we review the Johnson, Clinton, and (first) Trump impeachments (and Nixon’s resignation), and conclude that not much is new under the sun. We also reflect on the inherently political nature of the impeachment process, and ask whether it works at all. (It doesn’t, really.) Participants: Harry Sandick, Jon Hatch, Tara Norris2021-03-161h 00How to Build a Nation in 15 WeeksReconstruction: 19th Amendment, Part 2During World War I, suffragists pursue both national and state-by-state strategies. The National Women’s Party takes a more radical approach with protests and hunger strikes, and is met with violence. The Wilson administration and Congress yield after continued organizing, and the 19th Amendment is ratified. Further activism leads Congress to pass the ERA, but ratification falls three states short. Years later, three new states ratify, and the U.S. Archivist gets sued. Participants: Harry Sandick, Jon Hatch, Sofie Syed2021-03-1140 minHow to Build a Nation in 15 WeeksReconstruction: 19th Amendment, Part 1We begin our discussion of the struggle for women’s political rights in the United States with the Revolution, with a focus on the fight against coverture and slavery, and the particular challenges for Black women. The abolitionist, labor, and temperance movements provide early opportunities for organizing. The Seneca Convention presents the Declaration of Sentiments. The 15th Amendment reveals a rift in the movement between white women and women of color. Participants: Harry Sandick, Jon Hatch, Sofie Syed2021-03-091h 00
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgEpisode 8: No Ordinary Piece of Cake: A Discussion of Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm’nFeaturing guest speaker, Joshua Block of the American Civil Liberties Union. In Episode 8 of Notorious, we discuss the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. The U.S. Supreme Court addressed whether the actions of the Colorado Civil Rights Commission (CCRC), under the Colorado Anti-Discrimination Act, in assessing a cakeshop owner’s reasons for declining to make a cake for a same-sex couple’s wedding celebration, violated the Free Exercise Clause of the First Amendment of the U.S. Constitution. In a 7-2 opinion by Justice Kennedy, the Court reversed the CCRC’s decisio...2021-03-0346 minHow to Build a Nation in 15 WeeksReconstruction: 15th AmendmentWe discuss how organizing among African-Americans, continuing violence in the former Confederacy, and a union of principle and politics in the North lead Congress to move toward universal male suffrage, two years after rejecting it. Proponents of a guaranteed right to vote debate those seeking only a ban on racial discrimination, and conflicts erupt with some supporters of female suffrage. Things get messy in Congress. The end result is both momentous and compromised. Participants: Harry Sandick, Jon Hatch2021-03-031h 32How to Build a Nation in 15 WeeksBonus Episode: Historical ParallelsThe team convenes again to further discuss the January 6, 2021 insurrection and its echoes of the end of Reconstruction, as well as thoughts about the way forward.2021-02-2552 minHow to Build a Nation in 15 WeeksReconstruction: 14th Amendment – Equal Protection ClauseOngoing mob violence spurs Congress to try to help Black Americans achieve meaningful equality. But in the 1870s, the Supreme Court limits the clause to cover only state action, despite Congress’s intentions. In the 1890s, it allows segregation by state governments. In 1964, it trades anti-subjugation for anti-classification. And in 1967, it creates qualified immunity, and then later expands it to shield almost all conduct by state law enforcement. Participants: Harry Sandick, Jon Hatch, Kevin Opoku-Gyamfi2021-02-231h 38
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgEpisode 7: “The Ballot is Stronger than the Bullet”: A Discussion of Shelby County v. HolderFeaturing guest speakers, Kerry Abrams, Guy-Uriel Charles, and Neil Siegel of Duke University School of Law. In Episode 7 of Notorious, we discuss the case of Shelby County v. Holder. The U.S. Supreme Court addressed the constitutionality of two provisions of the Voting Rights Act of 1965. The provisions at issue were Section 5, which requires certain states and local governments to receive federal preclearance prior to implementing changes to their voting laws or practices; and Section 4(b), which provides the coverage formula for determining which state and local governments are subjected to preclearance due to histories of discrimination in v...2021-02-1751 minHow to Build a Nation in 15 WeeksReconstruction: 14th Amendment – Privileges & Immunities and Due Process ClausesCongress draws on Article IV and the Corfield opinion to craft a new privileges and immunities clause, but the Supreme Court quickly narrows its scope to near-invisibility. Lochner era courts use the due process clause to promote economic rights but twist the Amendment’s meaning, until substantive due process is repurposed in the 1930s. Recent opinions hint at a resurrected privileges and immunities clause, but at what cost? Participants: Harry Sandick, Jon Hatch, Ian Eppler2021-02-1656 minHow to Build a Nation in 15 WeeksReconstruction: 14th Amendment – Birthright Citizenship ClauseWe discuss ancient and early modern doctrines regarding the inheritance of citizenship, state and federal citizenship in the early republic, and early arguments for racial equality among citizens. We return to Dred Scott’s creation of a racial exclusion to citizenship, the Reconstruction Congress’s efforts to legislate race-neutral birthright citizenship, culminating in the 14th Amendment, and the persistence of racial and national exclusions. Participants: Harry Sandick, Jon Hatch, Tara Norris2021-02-091h 24How to Build a Nation in 15 WeeksBonus Episode: 14th Amendment, Section 3 and Impeachment RevisitedIn light of the January 6, 2021 insurrection at the Capitol and the second impeachment of Donald Trump, the team has reconvened to further discuss the history and mechanics of Section 3 and the use of impeachment against former government officials.2021-02-0449 min
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgEpisode 6: Let’s Get Personal: A Discussion of Daimler v. BaumanFeaturing guest speaker, the Honorable Helen E. Freedman (Ret.), who served 36 years on the New York State Court bench. In Episode 6 of Notorious, we discuss the case of Daimler A.G. v. Bauman. This case addressed the issue of personal jurisdiction. A German corporation, Daimler A.G., was being sued in California federal court for injuries allegedly caused by Daimler’s conduct that took place entirely outside the United States. Writing for an 8-1 majority of the U.S. Supreme Court, Justice Ginsburg determined that the California court could not exercise personal jurisdiction predicated on the Ca...2021-02-0337 minHow to Build a Nation in 15 WeeksReconstruction: 14th Amendment – Overview & Sections 2–4We begin our review of the 14th Amendment with the lesser-known middle clauses. Northern demographics, racism, and sexism block universal voting rights, leading to indirect support of male suffrage that is too complicated to work. Section 3 precludes officeholding by ex-Confederates but ends up interfering with the prosecution of Jefferson Davis. Section 4 upholds Union and cancels Confederate debts, and maybe means we can have a giant platinum coin. Participants: Harry Sandick, Jon Hatch, Andrew Willinger2021-02-021h 21How to Build a Nation in 15 WeeksReconstruction: 13th AmendmentWe review the history of resistance by enslaved people in the United States, and how the Civil War changed things, leading to widespread self-emancipation. We then talk about the intended scope of the amendment, its passage through moral arguments, solidarity, bribery, and self-interested political calculation, and conclude by discussing how the Supreme Court has narrowed its self-executing provisions while leaving room for more expansive legislation. Participants: Harry Sandick, Jon Hatch2021-01-261h 22
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgEpisode 5: Finding Religion in Unexpected Places: A Discussion of the Establishment ClauseIn Episode 5 of Notorious, we mix up the format a bit and discuss the Establishment Clause of the First Amendment in the context of several cases. No issue under the Establishment Clause reached the U.S. Supreme Court until 1947. Thus, our discussion starts with Everson v. Board of Education, a landmark decision that applied the Establishment Clause in the country's Bill of Rights to state law. We conclude with an analysis Justice Ginsburg’s dissent in the 2019 case of American Legion v. American Humanist Association. Notably, Justice Ginsburg believed in a strict separation between Church and State. Her vi...2021-01-2153 minHow to Build a Nation in 15 WeeksPrelude to Reconstruction: Harper’s Ferry through the Corwin AmendmentJohn Brown leads a raid on Harper’s Ferry and becomes a martyr. The Republicans prepare for their first real shot at the presidency. The Democratic convention disintegrates, the Northern and Southern wings propose competing candidates, and the Deep South prepares for its exit. Lincoln is elected, Southern states secede, and Thomas “Wagon Boy” Corwin tries for one last compromise. The North moves toward abolition as a way to win the war. Participants: Harry Sandick, Jon Hatch, Leigh Barnwell2021-01-2157 minHow to Build a Nation in 15 WeeksPrelude to Reconstruction - Fugitive Slave Act of 1850 through Dred ScottIn the wake of Prigg, Congress passes its worst law. Abolitionists debate whether the Constitution is pro-slavery, anti-slavery, or neutral. For love of a railroad, Stephen Douglas blows up the Missouri Compromise, and a preview of the Civil War breaks out in Kansas. The Republican Party coalesces out of disparate opponents to the Democratic Party’s increasingly aggressive stance on slavery. The Supreme Court issues its worst decision. Participants: Harry Sandick, Jon Hatch, Leigh Barnwell2021-01-191h 19How to Build a Nation in 15 WeeksPrelude to Reconstruction: Constitutional Convention through PriggFor hundreds of years, enslaved people resist and escape. The delegates’ initial compromises in 1787 give disproportionate influence to slaveholders. Additional compromises, including the Fugitive Slave Act of 1793 and Missouri Compromise, both recognize and limit slavery. (Some) Northerners become concerned about a rising Slave Power. Prigg v. Pennsylvania endorses slavery but creates a limited space for Northern resistance. Participants: Harry Sandick, Jon Hatch, Leigh Barnwell2021-01-121h 01How to Build a Nation in 15 WeeksAnnouncing Season 3: ReconstructionWe’re back, with a new season about the next era of constitutional development: Reconstruction. Join us as we discuss the 13th, 14th, 15th, and 19th Amendments and surrounding events, America’s subsequent retreat from the promises of Reconstruction, and the continuing struggles these amendments reflect. Participants: Harry Sandick, Jon Hatch2021-01-0503 min
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgEpisode 4: Leading the Way to Equal Pay: A Discussion of Ledbetter v. Goodyear Tire & Rubber Co., Inc.In Episode 4 of Notorious, we address the case of Ledbetter v. Goodyear Tire & Rubber Co. Decided in 2007, Ledbetter addressed the issue of gender discrimination in the context of equal pay. Writing for a 5-4 majority of the U.S. Supreme Court, Justice Alito found that employers cannot be sued under Title VII of the Civil Rights Act of 1964 over race or gender pay discrimination if the claims are based on decisions made by the employer 180 days ago or more. Thus, the Court rejected Ledbetter’s argument that her lack of equal pay was cumulative over her career at Goodyear....2021-01-0549 minNotorious: The Legal Legacy of Justice Ruth Bader GinsburgUnderneath the Corporate Veil: A Discussion of Burwell v. Hobby Lobby Stores, Inc.In Episode 3 of Notorious, we address the case of Burwell v. Hobby Lobby Stores, Inc. Decided in 2014, Hobby Lobby addressed the contraceptive requirement in a regulation adopted in conjunction with the Affordable Care Act. Hobby Lobby, and other closely held corporations, argued that the requirement was unconstitutional because it violated the Religious Freedom Restoration Act. A 5-4 majority of the United States Supreme Court, in an opinion authored by Justice Alito, struck down the contraceptive requirement. The Court found that closely held for profit corporations are exempt from a regulation that its owners objected to based on the...2020-12-1237 minNotorious: The Legal Legacy of Justice Ruth Bader GinsburgWith Equality, A Glorious Asset: A Discussion of United States v. VirginiaIn the second episode of Notorious, we discuss the 1996 case of United States v. Virginia, also known as the VMI case. This case, like Reed v. Reed from Episode 1, addressed the issue of gender equality under the Equal Protection Clause of the Fourteenth Amendment. The majority opinion, written by Justice Ginsburg, reviewed the policy under a heightened scrutiny judicial standard and struck down the all-male admissions policy at the Virginia Military Institute (“VMI”). Galen Sherwin, an attorney with the Women’s Rights Project (aka “The House that Ruth Built”) of the American Civil Liberties Union, along with Patterson B...2020-12-1239 minNotorious: The Legal Legacy of Justice Ruth Bader GinsburgIn the Beginning . . . : A Discussion of Reed v. ReedIn this inaugural episode of Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg, we discuss the 1971 case of Reed v. Reed. The case addressed an Idaho statute, which favored males over females as administrators of estates. Petitioner Sally Reed sought to be named administrator of her deceased son’s estate in lieu of her estranged husband. The brief on behalf of Sally Reed was co-authored by then Rutgers Law School Professor, Ruth Bader Ginsburg and the American Civil Liberties Union, among others. In what would be a landmark decision, the United States Supreme Court held for the fi...2020-12-1250 min
How to Build a Nation in 15 WeeksBonus Episode: The Militia and Naval ActsWe return with a “lost” episode about how early Congresses filled in details that the Constitution left open. The Militia Acts strike a delicate balance between the state and federal governments and fail utterly to create a trained militia, so Congress and the Supreme Court decide to pretend the Militia Clauses just don’t exist. Meanwhile, the Naval Act allows for traditional patronage politics to create an effective navy despite considerable challenges.2020-11-241h 36
How to Build a Nation in 15 WeeksUnadopted Amendments of the 1810s: Titles of Nobility and Ill-Timed ReversalsJerry Bonaparte gets married. Congress decides it really hates titles. The Titles of Nobility Amendment is almost ratified, but falls two states short, leading to a few conspiracy theories. (Lawyers are still US citizens, we promise.) Tensions with England and France rise. New England Federalists meet in Hartford, change their minds on several issues, make an ill-timed proposal, and are never heard from again.2019-08-201h 11
How to Build a Nation in 15 WeeksEarly Constitutional Law Decisions: Arguments, Assets, Banks, Boats, Charters, Crimes, Debts, and DamsA debt is paid, but not to the debtor. A will is probated, but not for the heirs. An argument is skipped, despite prior arrangements. A bank is taxed, without being named. A lottery is launched, but tickets are forbidden. A charter is granted, but withdrawn by others. A vault is emptied, but the contents are returned. A ship is wrecked, but its contents resurface. A dam is broken, and a ship sails on.2019-08-131h 42
How to Build a Nation in 15 WeeksTwelfth Amendment: Gaming the SystemArticle II, Section 1 is founded on accident, immediately shows signs of trouble, and implodes within 12 years. Hamilton schemes, and others counterscheme. The Federalists swap Pinckneys. The Democratic-Republicans fail to coordinate and Jefferson and Burr end up tied. Jefferson grabs a few votes, the House deadlocks, and Bayard makes a last minute deal. The Democratic-Republicans take the route of least ambition, and fix only a few out of a host of problems.2019-08-061h 01
How to Build a Nation in 15 WeeksEleventh Amendment: Speculators and Self-InterestThe Convention commits a basic drafting error (probably). Georgia fails to pay some debts, Virginia claims some land, and Massachusetts grabs some property. The Committee of Detail drafts Article III. Randolph seizes an opportunity for an old client (and some new ones), Wilson rules in favor of his investments, Iredell is ignored, and everyone freaks out. Congress fixes a problem but creates a new one.2019-07-301h 06
How to Build a Nation in 15 WeeksBill of Rights, Part 7: Unknown Rights and Limited PowersThe Tenth Amendment places (arguably) redundant restrictions on federal powers. The Patterson team discusses the ineffable nature of the Ninth Amendment, whether as a double redundancy, a murky wellspring of unknown rights, or an acknowledgment of the incompleteness of constitutionalism.2019-07-2317 min
How to Build a Nation in 15 WeeksBill of Rights, Part 6: Civil JuriesThe Normans bring the original form of the jury to England in 1066 (or did they?) The colonists make jury rights central to the revolution, but the delegates don’t make the effort to add them to the Constitution. The Seventh Amendment preserves the right to a civil jury, without much guidance. The Supreme Court looks to history, except as to size. The Patterson team debates the continued relevance and importance of juries in modern cases.2019-07-1651 min
How to Build a Nation in 15 WeeksBill of Rights, Part 5: Criminal ProcedureThe Patterson team discusses some of the Stuart abuses that shaped what rights ended up in the Fifth, Sixth, and Eighth Amendments. Freedborn John refuses the oath ex officio. Sir Walter Raleigh is denied the right to confront Cobham. Judge Jeffreys presides over the Bloody Assizes. Patrick Henry confuses the difference between “didn’t” and “shouldn’t have.” We pause to discuss a recent decision on double jeopardy and provide a (very) brief history of incorporation.2019-07-101h 19
How to Build a Nation in 15 WeeksBill of Rights, Part 4: Searches and SeizuresWrits of assistance come to the colonies, James Otis sets himself aflame with oratory, and John Adams takes notes. Massachusetts leads the way in restricting warrants. Dollree Mapp protects some salacious activities and writes herself into history. Georgia rejects the mullet doctrine and the Sixth Circuit rejects chalking. The Patterson team discusses the exclusionary rule and the breadth (or lack thereof) the Fourth Amendment’s protections.2019-07-0250 min
How to Build a Nation in 15 WeeksBill of Rights, Part 3: Military AmendmentsThe Patterson team discusses the English and colonial antecedents of the Second Amendment, the fear of standing armies motivating its proposal, and the Congressional modifications before ratification. We then examine every federal appellate case interpreting the Third Amendment. (It doesn’t take long.)2019-06-2542 min
How to Build a Nation in 15 WeeksBill of Rights, Part 2: Religion and ExpressionEarly colonists try to balance religious liberty with established state churches. John Peter Zenger goes to trial and suffers a pyrrhic loss. The murky origins of the free speech clause. James Madison slyly tweaks proposals from the state ratifying conventions. Federalists and Democratic-Republicans battle over the Sedition Act in the shadow of the new First Amendment. Thomas Jefferson proposes a radical fix that nearly undoes the Constitution.2019-06-181h 02
How to Build a Nation in 15 WeeksBill of Rights, Part 1: Drafting and RatificationFederalists and Anti-Federalists debate the necessity, danger, and efficacy of amendments. Madison takes charge and persuades Congress to go along, eventually. The Senate ditches state restrictions and a strict separation of powers. Congress sends 12 amendments to the States. 10 are quickly affirmed and become the Bill of Rights. One is rejected due to micromanagement and bad math. One takes the long way round to become the 27th Amendment.2019-06-111h 16
How to Build a Nation in 15 WeeksMini-episode: 19th Century Constitutionalism and the Republic of Indian StreamA riverine ambiguity leads the locals to return to first principles, and draft a constitution. The citizens borrow some rights, expand some others, delve into equal protection and equal obligation, reject separation of powers, and graft an executive, legislative, and judicial council onto a town meeting. A hardware store debt leads to an international incident, and Daniel Webster removes the devil from the details.2019-06-0437 min
How to Build a Nation in 15 WeeksJudiciary Acts, Part 2: Midnight Judges and Missing CommissionsThe Patterson team debates whether the 1789 Act is pro-debtor or creditor. The Federalists giveth to the Midnight Judges, and the Democratic-Republicans taketh away. Marshall and Chase contemplate a strike. Marbury v. Madison establishes judicial review—or does it? The justices resume circuit riding, and fold in Stuart v. Laird. Concern over civil rights slowly opens the door to expanded federal jurisdiction, until the railroads kick it down.2019-05-2843 min
How to Build a Nation in 15 WeeksJudiciary Acts, Part 1: Hang Like a Bat to Every ParticleThe First Congress picks up where Article III left off. Oliver Ellsworth gets possessive. The justices are told to make like post-boys and get on their horses. Congress tries to avoid amendments, and omits federal question jurisdiction and appeals from criminal trials or pro-federal decisions. The Rules of Decision Act is added at the last moment, leading to countless litigation over a provision that may not have applied in the first place.2019-05-211h 20
How to Build a Nation in 15 WeeksBonus Episode: Professor Michael Klarman (Rebroadcast)On this bonus episode, we spoke with Professor Michael Klarman, author of the excellent book the Framer’s Coup: The Making of the United States Constitution, about how the Framers designed the Constitution to be less democratic than the existing state governments, how the Federalists managed to ratify the Constitution over strong opposition, the mistakes of the antifederalists, and whether we should mythologize the Constitution and its founders.2019-05-141h 09
How to Build a Nation in 15 WeeksRatification, Part 4: The Anti-Federalists’ Last StandThe Federalists face a 46–19 disadvantage in New York and adopt a strategy of delay. The Anti-Federalists don’t sweat New Hampshire, but word of Virginia’s ratification sways their resolve. Melancton Smith is persuaded by argument. The namesake of Great Jones Street makes a proposal that leads to New York’s ratification. Sick of being lumped in with Rhode Island, North Carolina relents. Rhode Island joins the Union kicking and screaming.2019-05-071h 04
How to Build a Nation in 15 WeeksRatification, Part 3: The Anti-Federalists Strike BackNew Hampshire makes nine. The Anti-Federalists belatedly get their act together and put up a fight. Patrick Henry blusters and bullies his way through the Virginia convention. George Mason and Edmund Randolph each offer up their limbs. John Marshall makes promises that the Supreme Court is absolutely not going to back up. James Madison conquers his weak constitution with a strong Constitution. Virginia ratifies, but things still look rough in New York.2019-04-301h 04
How to Build a Nation in 15 WeeksRatification, Part 2: Eight is Almost EnoughDelaware quickly ratifies, and Pennsylvania Federalists convene, imprison a few delegates, and force a quick ratification. New Jersey, Georgia, and Connecticut quickly ratify to grab equal Senate representation. The Massachusetts Federalists show flexibility and deploy a few rumors, John Hancock gets coy, and everyone goes home happy after ratifying. Martin overplays his hand in Maryland. South Carolina uses some creative allocation. New Hampshire decides to delay.2019-04-231h 01
How to Build a Nation in 15 WeeksRatification, Part 1: Monarchy Men, Military Men, Aristocrats, and DronesThe Patterson team explores the differences between Federalists and the Federalist Party, and fail to come up with an alternative name for the anti-Federalists, The Constitution goes public. The Federalists press their urban advantages, and their advantages in the press. Richard Henry Lee tries to kill the Constitution in the Articles Congress, but Madison maneuvers for a unanimous vote. Anti-Federalists develop their arguments.2019-04-1644 min
How to Build a Nation in 15 WeeksSeason 2: RenovationsWe’re back! The Constitution has been drafted—but how did it overcome anti-Federalist opposition to get ratified? And how did the omissions and mistakes in the original draft get fixed (or not)? Join the Patterson team for a new season of How to Build a Nation in 15 Weeks, including further details on ratification, the Bill of Rights, the Judiciary Act of 1789, the 11th and 12th Amendments, and more.2019-04-0901 min
How to Build a Nation in 15 WeeksBonus Episode: Interview with Professor Michael KlarmanOn this bonus episode, we spoke with Professor Michael Klarman, author of the excellent book the Framer’s Coup: The Making of the United States Constitution, about how the Framers designed the Constitution to be less democratic than the existing state governments, how the Federalists managed to ratify the Constitution over strong opposition, the mistakes of the antifederalists, and whether we should mythologize the Constitution and its founders. 2018-10-241h 08
How to Build a Nation in 15 WeeksConclusion: “A republic, if you can keep it.”The end of an 18-week journey. Thanks to our colleagues, our producers, and the Firm. Reflections on the Convention, including the question of authorship, the past and current quality of political dialogue, the guiding design (or lack thereof) of the Constitution, the fear of corruption, the value of compromise, and the Notes as literature. Plans for season two, including ratification, the Bill of Rights, and more.2018-09-2526 min
How to Build a Nation in 15 WeeksWeek 16, Part 2: Get the People to Sign OffThe Constitution goes public, and Congress sends it to the states for consideration. Adams and Jefferson react, and confirm that the delegates probably should have added a Bill of Rights. The Federalists and Anti-Federalists square off. The states ratify and create a new nation, though North Carolina and Rhode Island miss opening day. The delegates go on to lead the republic they helped create. The Patterson team covers 15 years of American history in 15 minutes.2018-09-2037 min
How to Build a Nation in 15 WeeksWeek 16, Part 1: Look for Unanimity, if You Can Find ItA little-known clerk inscribes the parchment we all know. Franklin urges unanimity in supporting the Constitution and proposes a convenient form of signing, but Randolph, Gerry, and Mason aren’t impressed. Washington speaks up for a more representative House, and a final alteration is made. The delegates sign, with three holdouts. Franklin has the last word and speaks of a rising, not setting, sun. The delegates gather one last time at City Tavern.2018-09-1840 min
How to Build a Nation in 15 WeeksWeek 15, Part 2: Don’t Forget a Bill of RightsMason seeks a few hours to add a Bill of Rights. The delegates reject the idea, but regret it later. Everyone ends up with a different understanding of the commerce clause. The delegates have a raucous party at the City Tavern, rally the next morning for a long day, agree to ban domestic emoluments, settle on the President’s pardon power, and decide not to do this again. The Patterson team discusses the tonnage clause and whether a President can pardon himself.2018-09-131h 02
How to Build a Nation in 15 WeeksWeek 15, Part 1: Leave the Door Open for ChangeGerry worries about weakening the role of the states in the amendment process; Hamilton wants to leave them out altogether. Wilson declares it worse than folly for Congress to have a say in ratification. The Committee of Style offers a new draft. The delegates reconsider the Presidential veto power. Mason does some arithmetic. Congress's powers are questioned. The Patterson team discusses past and current attempts at a new convention.2018-09-1152 min
How to Build a Nation in 15 WeeksWeek 14, Part 2: Find Something for the Vice President to DoThe delegates debate the duties of the Vice President, where he belongs, and if he’s even necessary. Particular powers of the executive are considered, and the delegates fleetingly revisit impeachment. Mason resurrects the Privy Council to advise on appointments, but King kills it for good. Madison gets hung up on peace treaties. The Patterson team weighs in on some of the final debates before the articles head into the Committee of Style.2018-09-0631 min
How to Build a Nation in 15 WeeksWeek 14, Part 1: Don’t Elect a Minion or a MonsterThe delegates discuss the limits of ineligibility. Madison has a change of heart regarding general welfare. The delegates introduce the Vice President (finally). Morris methodically defends the electoral college, Rutledge tries to stall, and Gerry makes things needlessly complicated (again). Wilson fears a President that is but a minion of the Senate; Hamilton fears a monster. The Patterson team discusses at least a dozen ways to select the executive.2018-09-0450 min
How to Build a Nation in 15 WeeksWeek 13, Part 2: Fill in the BlanksThe delegates debate the addition of new states to the union. Connecticut sticks up for Vermont, Wilson freaks out, and Martin gets in some good zingers. The delegates decide how many states should be required for ratification after some complex proposals. Morris suggests speed, Gerry urges unanimity, Mason makes threats, and Randolph self-destructs. The Committee on Postponed Parts is formed. The Patterson team weighs in on the use of committees and how to name them.2018-08-3030 min
How to Build a Nation in 15 WeeksWeek 13, Part 1: Don’t Go Back on Your WordThe delegates return to the pardon power. Sherman proposes federalizing state militias. Dickinson tries to expand judicial impeachment. Pinckney protects religious liberty. Randolph loses his cool. The delegates debate supermajority requirements for laws regulating commerce after some Southern delegates walk away from their promises. The Patterson team discusses the seeds of the Civil War built into the Constitution’s treatment of slavery. 2018-08-2837 min
How to Build a Nation in 15 WeeksWeek 12, Part 2: Don’t Defer Critical Issues for Two DecadesLuther Martin rails against slavery, and Georgia and South Carolina rail back. An awful compromise is reached based on some unexpected alliances. Mason advocates for sumptuary laws, but the other delegates decide that the law of necessity is enough. The delegates consider the financial crisis of their time, but let the issue pass by. The Patterson team considers a medley of timely provisions like the foreign emoluments clause and the pardon power.2018-08-2336 min
How to Build a Nation in 15 WeeksWeek 12, Part 1: Good Rules Shouldn’t Go Without SayingPinckney proposes incorporating individual rights, but the delegates don’t have much interest. Treason is narrowly defined by the Convention. The delegates debate ex post facto laws, and Wilson assumes a bit too much. The delegates revisit the issue of slavery, and discussions get tense. The Patterson team discusses the delegates’ departures from the English experience in the name of constitutional rights.2018-08-2142 min
How to Build a Nation in 15 WeeksWeek 11, Part 2: Fight about FightingThe delegates worry about insurrection, but dispute when the national government can step in. Gerry tries to limit the size of standing armies. Washington gets sarcastic. The Convention gives Congress the exclusive power to “declare” war, but gives the President considerable flexibility. The Patterson team discusses how the power to declare war has become blurred over time, and learns the difference between a letter of marque and a letter of reprisal.2018-08-1640 min
How to Build a Nation in 15 WeeksWeek 11, Part 1: Wrap Up Some Loose Ends (and Create a Few More)The delegates narrowly decide against relaxing citizenship requirements. The Convention debates the Senate’s ability to alter spending bills. Dickinson urges experience as the only guide, as “reason may mislead us,” Madison notes some ambiguities, and Randolph and Rutledge worry about marketing. The delegates close the door on general and broad powers, but open the window to necessary and proper ones. George Read tries to exorcise paper money.2018-08-1445 min
How to Build a Nation in 15 WeeksBonus Episode: Interview with Professor Mary BilderIn this bonus episode, we had the pleasure of speaking with Professor Mary Bilder, the author of Madison’s Hand: Revising the Constitutional Convention, a detailed study of Madison’s Notes of the Constitutional Convention. We discussed the nature of legislative diaries like Madison’s Notes, Madison’s drafting process and subsequent revisions to the Notes, his relationship with Thomas Jefferson, and how all of this informs our current reading of the Notes.2018-08-131h 05
How to Build a Nation in 15 WeeksWeek 10, Part 2: Don’t Forget Who Got You This FarMorris tries to save the country from aristocracy through aristocracy. Pinckney takes things too far on behalf of the 1%. Conflicting principles and pragmatic concerns prevent the adoption of property restrictions. The delegates debate citizenship requirements, disregarding the feelings of the foreign-born delegates. The Patterson team weighs in on foreign aid in the Revolution and the economic interpretation of the Constitution.2018-08-0948 min
How to Build a Nation in 15 WeeksWeek 10, Part 1: Always Sweat the DetailsThe delegates gradually return from recess, though New Jersey takes its time crossing the river. The Committee of Detail takes some liberties in drafting. The draft constitution is distributed, and Maryland receives it poorly. Madison fears too many congressmen. The delegates conclude there should be a permanent seat of government, but not where. The Patterson team considers some of the less prominent provisions of the draft constitution. 2018-08-071h 01
How to Build a Nation in 15 WeeksWeek 9, Part 2: Get It in WritingThe delegates brainstorm ever-wilder methods for selecting the executive, but end up back where they started. Franklin argues that leaving public office is a promotion, and gets sassed by Morris. Mason proposes property qualifications for elected officials, but Madison stands up for … slightly broader property qualifications. The Convention adjourns for ten days to allow the Committee of Detail to write everything down, Washington goes fishing, and Madison frets.2018-07-2655 min
How to Build a Nation in 15 WeeksWeek 9, Part 1: Don’t Choose Your President with a Game ShowNew Hampshire finally shows up, without a per diem. The delegates debate the process for ratification and whether state legislatures can be trusted to do anything right. Nathaniel Gorham asks what will happen if Rhode Island won’t play along. Everyone tries to figure out how to select the executive and things get creative. The Patterson team considers the merits of election by lottery and whether the delegates can tell when someone is joking.2018-07-2443 min
How to Build a Nation in 15 WeeksWeek 8, Part 2: When in Doubt, Keep it VagueThe delegates revisit the Executive Power. The Judicial Branch finally comes up again and the delegates debate how to pick judges. Nathaniel Gorham proposes that the Executive pick judges with the Senate’s “advice and consent,” though nobody really knows what this means. The Council of Revision makes another appearance but the delegates want judges to stay in their lane. Chief Justice Jay writes to Washington, and civility reigns, except when it doesn’t.2018-07-1928 min
How to Build a Nation in 15 WeeksWeek 8, Part 1: Compromise! (If You Can’t Beat Them, Join Them)The delegates finally compromise on representation when the large states throw in the towel. Roger Sherman tries to protect state police powers. The delegates reject a veto of state legislation but unanimously support making federal laws supreme. The Patterson team discusses whether the Connecticut compromise still makes sense and the evolution of the federal supremacy and the preemption doctrine. The Treaty Power gets an in-depth look.2018-07-1745 min
How to Build a Nation in 15 WeeksWeek 7, Part 2: Call Things By Their True NamesDebate continues on whether and how to account for enslaved people in determining representation in the legislature. The North-South divide widens. The delegates tie representation to taxation and approve the 3/5th's ratio for both. The delegates try to semantically conceal their compromise, but fool no one. The Northwest Ordinance is passed in Congress, with suspicious timing. The team weighs in on the legacy of the 3/5th's clause and the delegates’ failure to reckon with the immorality of slavery.2018-07-1231 min
How to Build a Nation in 15 WeeksWeek 7, Part 1: Confront the Paradox at Your Nation’s Core (Or Don’t)The delegates debate how to apportion representation in the lower house. The Morris Committee proposes an allocation based on guesswork. The King Committee proposes an alternative based on counting three-fifths of enslaved people. The delegates debate whether and how to factor enslaved people into representation, but no one speaks for the unrepresented. Potential western states complicate matters. The census is proposed. 2018-07-1036 min
How to Build a Nation in 15 WeeksWeek 6, Part II: Don’t Underestimate the Power of a Mid-Week VacationThe delegates celebrate Independence Day. Gerry presents the committee’s proposal to the Convention, with diffidence. A subcommittee is formed to address the calculation of proportional representation. The Patterson team ponders the Spirit of ’76, the benefits of some time off, and the delegates’ increasing willingness to reach a compromise.2018-07-0534 min
How to Build a Nation in 15 WeeksWeek 6, Part I: If All Else Fails, Try a CommitteeDelegates start to flee the Convention. Hamilton and Washington get pessimistic. The delegates deadlock over proportional versus equal state representation. Connecticut renews its proposal. The Gerry Committee tackles question of legislative representation after being stacked with small-state friendly delegates. The Patterson team discusses the shifting tide in favor of the smaller states and the eccentricities of Pennsylvania delegate Gouverneur Morris.2018-07-0330 min
How to Build a Nation in 15 WeeksInterview with Professor Joshua MatzOn this special bonus episode, we had the pleasure of interviewing Joshua Matz, author with Professor Laurence Tribe of the excellent new book To End a Presidency: The Power of Impeachment. Joshua discussed what we can learn from the Constitutional Convention about the meaning of the Impeachment Clause and the purpose of impeachment, as well as what we can learn from the so-called “common law” of impeachment—examples of impeachments, near impeachments, and impeachment discussions in our country’s history.2018-07-0259 min
How to Build a Nation in 15 WeeksWeek 5, Part 2: Maybe Say A Prayer?The delegates debate whether Senators should be paid. South Carolina argues for rule by the wealthy. The delegates agree on six-year Senate terms. Ben Franklin suggests the convention seek divine inspiration. The Patterson team considers how much democracy is too much democracy.2018-06-2836 min
How to Build a Nation in 15 WeeksWeek 5, Part 1: Don't Mortify The Other DelegatesLuther Martin delivers a two-day speech with much diffuseness. Madison argues the small states have nothing to fear. Connecticut proposes a compromise. The mood amongst the delegates continues to deteriorate. Madison accuses Connecticut of failing to support to war effort. Delaware threatens to ally with foreign nations. Ben Franklin tries to bring the sides together. The Patterson team weighs the merits of proportional representation.2018-06-2642 min
How to Build a Nation in 15 WeeksWeek 4, Part 2: Try to Keep Your Cool When Your Plan Falls ApartThe convention falls into chaos. Madison’s judgment slips, and he makes not-so-veiled threats against small states. Additional delegates try to push their own extreme visions. Connecticut tries to restore peace. 2018-06-2126 min
How to Build a Nation in 15 WeeksWeek 4, Part 1: Read the RoomHamilton finally speaks up, keeps speaking straight through lunch, damages his reputation, and is otherwise ignored. The benefits and perils of an elective monarchy and legislature. The Patterson team revisits the utility of the electoral college, muses about Old Bacon Face, and wonders whether people “begin to be tired of an excess of democracy.”2018-06-1835 min
How to Build a Nation in 15 WeeksWeek 3: Don't Push Your Plan Too FarThe Large States and Deep South support one another. Gerry takes on the three-fifths compromise. New Jersey stalls for time and introduces an alternative plan for a federal government. The Patterson team takes the New Jersey plan seriously.2018-06-1345 min
How to Build a Nation in 15 WeeksWeek 2, Part 2: Figure Out Who Judges the JudgesDelegates debate whether lower federal courts are worth the money and how to select judges. Franklin makes an unorthodox proposal. The council of revision resurfaces and the judicial veto is rejected. The delegates debate the method of electing Senators. Wilson makes another stand for popular election. The convention stalls on a proposal to allow Congress to veto State laws. The Patterson team discusses lifetime appointments, the Supreme Court and the perceived importance of State involvement in the Senate.2018-06-0744 min
How to Build a Nation in 15 WeeksWeek 2, Part 1: Push Past Your Fear of KingsVirginia presses its plan with broad outlines for the executive, legislative, and judicial branches. Fear and loathing of a return to a monarchy. The delegates nonetheless opt for a single executive, with a veto, but defer how they will be elected. Wilson makes a stand for popular election, and is entirely ignored. The Patterson team discusses the impact of the electoral college in recent elections, the powers of the modern presidency, and the declining use of the presidential veto.2018-06-0530 min
How to Build a Nation in 15 WeeksWeek 1: Showing up is half the battle.The convention opens. The Virginia delegation introduces its plan for Government including a national executive, national judiciary, and, crucially, proportional representation in the national legislature. The small states are not pleased. Pinckney’s plan is ignored. The Patterson team takes an historical detour to discuss Dorr’s rebellion and the justiciability of constitutional provisions.2018-05-3043 min
How to Build a Nation in 15 WeeksThe difficulty of the crisis, and the necessity of preventing the fulfillment of the prophecies of the American downfall.Introducing a new podcast from Patterson Belknap Webb & Tyler LLP. Who we are and what we do. The constant presence of the constitution in our daily civic life, and the benefits of discussing and learning from it. General approach for the podcast. The limitations of the Articles of Confederation, Shay’s rebellion, and the fear of anarchy among the political elite. The Annapolis Convention, and the Confederation Congress’s blessing of the Constitutional Convention (within limits). The selection of delegates for the Convention, and who was (and wasn’t) represented. Washington meets with Franklin, and the large states plot their...2018-05-2934 min