Season 5, Episode 32 (Show 241): The Land of the Land

August 27, 2025

States are redrawing districts; military walk the streets of the nation’s Capital; the border is at least a rhetorical battlefield.  Professor Amar shows where we can find guidance on these matters and more in the founding and in Lincoln’s day.

CLE Credit Available for this episode from podcast.njsba.com.

Gerrymandering, borders, the use of the military on US soil, and even the status of the District of Columbia.  All these relate to geography, and the “more perfect union” our founders sought.  The Constitution therefore speaks to all these issues, and originalism must be considered.  We look at what the Constitution has to say, why it says these things, and what the underlying principles tell us.  This has obvious implications for today’s questions, but without clarity on the historical background, confusion may reign, which aids those who might be in the wrong.  It’s timely in another way, because the forthcoming Born Equal addresses many of these geographic questions – because Americans in the 19th Century, including Lincoln most prominently, thought about them prominently.  Professor Amar brings it together for you.

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