Season 3, Episode 43 (Show 147): A Tale of Two Jordans

October 18, 2023

Another Speaker stalemate in the House raises constitutional issues galore, and we begin to explore connections with a far-away conflict in the Middle East.  CLE Credit Available for this episode.

The House is at it again, and there is no Speaker in the chair as of this recording.  So many implications – for Presidential succession, for democratic governance, for legislative stalemate.  Meanwhile violence escalates in the Middle East.  How are these connected?  We explore all these, and Akhil has some fascinating originalist analyses – of history you surely didn’t know; of structural reasons that the Speaker can’t be in the line of succession; and a new textual analysis.  Meanwhile – why can’t the House act?  Has this happened before?  (Hint: yes)

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

How to get Continuing Legal Education Credit for listening!

Virtually all lawyers and judges admitted to practice anywhere in the USA can obtain CLE (Continuing Legal Education) credit after listening to this episode by visiting podcast.njsba.com.  You do not have to be a New Jersey lawyer or resident or admitted to the NJ Bar; essentially every state has reciprocity arrangements with New Jersey.  When you visit the site you fill out a form and provide the code Andy read during the episode, pay a small fee, and within two weeks you will receive the certificate from New Jersey.  It couldn’t be easier.  Thanks to the New Jersey Bar Association for making this possible!  Note, too, that other podcast episodes from our “back catalog” now qualify for this credit as well.  See notes below on this.

Click to go to the website for CLE credit

Is the Presidential Succession Law Constitutional - Vikram and Akhil Amar

In this 1995 Stanford Law Review article, the brothers Amar review in detail that question of the Presidential Succession Act’s constitutionality, elaborating on some of the arguments made in this podcast.

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Testimony of Akhil Reed Amar before House Judiciary Committee

Professor Amar appeared before the Subcommittee on the Constitution of the House Judiciary Committee on October 6, 2004.  This is a transcript of his testimony, specifically on the Presidential Succession Act.

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