Season 6, Episode 33 (Show 295): More Statesmanship, and State Constitutions – Special Guests Steven B. Smith and Vikram D. Amar

September 9, 2026

The Missouri legislature is taking on its state constitution’s referendum position, and Vik Amar, the expert, joins us on that.  Steven Smith is back for more of On Statesmanship.

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

The big issue in the news today is the Missouri legislature’s attempt to avoid the state constitution’s referendum provisions in order to impose a legislative map that would advantage Republicans to the tune of all but one of the state’s seats in the US House.  The Supreme Court is asked to intervene, and Justice Kavanaugh – after we taped – declined to do so.  This may not be end of the story, but our guest Vik Amar is on top of it together with Akhil.  Listen to get the details, and check out Scotusblog.com to stay updated – Akhil and Vik have a new column there.  Meanwhile, our interview with Professor Steven Smith discussing his new book, On Statesmanship, precedes this discussion this week – don’t miss that, either!

(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.

Click to go to the website for CLE credit

On Statesmanship by Steven B. Smith - amazon.com page

Read more about – and order – Professor Smith’s opus, On Statesmanship.

Click for amazon.com page

Justice Kavanaugh stands up for state constitutional law in the Missouri congressional case - SCOTUSblog

A SCOTUSblog article – after podcast recording – with the brothers Amar updating you on the Missouri case.

Read and/or Download

Why the Congressional Redistricting Ruling Last Week by the Supreme Court of Missouri…Is Unlikely to Be Undone by the U.S. Supreme Court - Justia

Professor Vik Amar writes in Justia on the Missouri case (this one is before we recorded the podcast).

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Moore v. Harper (2023)

The opinion in Moore v. Harper, the seminal case, debunking so-called Independent State Legislature theory.

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