Season 6, Episode 39 (Show 301): The Innocent Ham Sandwich

October 28, 2026

A grand jury stands up, and Professor Amar notices.  And with the election imminent, we look ahead to possible dangers ahead for our republic.

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

The election is upon us, and worries about possible anti-democratic actions, especially by those who make wild claims in an attempt to justify extraordinary intrusions into the voting process, have many on alert.  From the beginning of our podcast we have looked for these “bullets” that must be dodged to keep the Republic, and once again we peer ahead to see what to watch out for, and to review the constitutional law and history so we are armed with the truth.  Meanwhile, a grand jury has defied another federal prosecutor, and this prompts a proud Professor Amar to dive into our traditions on this great subject.  Election season has begun. 

(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

America's Unwritten Constitution excerpt - Akhil Reed Amar

In this excerpt from Chapter 9 of America’s Unwritten Constitution, Professor Amar explores the turnover of the House, including a discussion of the Civil War-era statute that while little-known, is enormously relevant to the questions that, hopefully, will not be at hand soon enough.

Read and/or Download

The Federalist No. 83

Did the founders value juries, and recognize their anti-corruption function?  Alexander Hamilton certainly did, as he discusses in this important Federalist Paper.

Read and/or Download