Season 3, Episode 46 (Show 150): Moore, in Brief

November 8, 2023

We analyze and explain Professor Amar’s amicus brief (co-authored with Vikram Amar) in Moore v. US, with particular emphasis on the Hylton case (1796).

CLE Credit Available for this episode.

In our 150th episode, we present the amicus brief in Moore v. United States, authored by Professor Amar with his brother, Professor Vikram Amar.  The brief begins with the provocative statement that most other briefs in the case have missed the point?  What is the point that they missed?  We explain how their focus on the 16th amendment misses the basic constitutional questions which the Court answered back in 1796 in the Hylton v. US case. Who says so?  Some guys named Washington and Hamilton, to start. And this Lincoln fellow agreed later. But everyone seems to have missed this.  You won’t.

(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

Amicus Brief in Moore vs. US - Akhil and Vikram Amar

The amicus brief filed by Vikram and Akhil Amar in Moore v. United States.  Oral arguments will take place on December 5.  In this podcast, we introduce the case near the end of the episode.  We recommend you read the brief before we begin to discuss it in detail next week.

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Hylton v. United States (1796)

This is the key case; the only case that Alexander Hamilton ever argued before the Supreme Court.  He won it unanimously, and it stood unquestioned for a century, before the Court offered the notorious Pollack case.

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