Season 3, Episode 44 (Show 148): Speakerless

October 25, 2023

We continue our analysis of the many issues that the absence of a Speaker of the House raises, and we look at how this relates to the crisis in the Middle East and the overall functioning and purpose of our constitutional system. CLE Credit Available for this episode.

Still no speaker.  Is it really the case that the House can’t do anything?  How might it work?  What about Section 3 of the 14th Amendment – does it play any role in the Speaker selection process?  Meanwhile, we turn towards the other Jordan and see the dangers of insecure borders that are inherently hard to defend.  Professor Amar explains how this simple fact led him to insights that resulted in a constitutional narrative quite different from those you may have been taught, and which makes certain predictions and conclusions.  Does it stand up?  We begin a process, which we will return to, of seeing where it leads us.  A sweeping episode.

(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

Some New World Lessons for the Old World - Akhil Amar

Professor Amar’s take on the American Constitution as a geostrategic security-based structure has implications for multinational projects such as NATO or the European Union.  This 1991 University of Chicago Law Review article looks at the American Founders’ thoughts and actions on the subject.

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