Season 4, Episode 49 (Show 206): Recess Games – Special Guests Josh Chafetz and Thomas Schmidt

December 11, 2024

The promised article in The Atlantic on the worrisome possibility of a recess conspiracy is out; in this episode we have all three authors of the article discussing its theme, background, and fine points.

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Could Republicans in the House conspire with a 2025 President Trump to manufacture a forced Senate recess in an effort to bypass the advise and consent appointments process?  The much-anticipated article in The Atlantic has been published, to widespread approval.  We proudly present all three co-authors of this article in a wide-ranging, nuanced, fascinating discussion, as Professors Josh Chafetz, Tom Schmidt, and of course Akhil Amar reunite to take us from Restoration England to the chambers of the Supreme Court where Professor Schmidt clerked for Justice Breyer, the author of the principal case on recess appointments, NLRB v. Noel Canning, in 2014.  We hear how that case has lessons, and yet is distinguished, from the scenario here, and what might happen if the contemplated maneuvers, deemed grossly unconstitutional by our experts, try it anyway. 

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

Season 4, Episode 48 (Show 205): The Obsequious Instruments of His Pleasure

December 3, 2024

Appointments roll out, many seemingly problematic.  We explore issues related to FBI Directors old and new, of pardoned criminals as ambassadors, of seats in the House suddenly opened, and much more.

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The presidential transition is always a bit fraught, as we have discussed in past episodes, but this one seems to be boundary-pushing, even for Trump.  He intends to fire the FBI director, whom he appointed, (can he do that? – we explain) and replace him with a singularly problematic bomb thrower.  He had pardoned a family criminal, and now appoints him to be ambassador to France. He prizes loyalty to him above all, it seems, but is there a place for competence? And we have more on the withdrawal of Gaetz and his strange resignations. Speaking of resignations, a judge in Ohio has thrown yet another resigning twist our way. This episode was recorded prior to the Hunter Biden pardon, which will be discussed in a later episode.

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

Season 4, Episode 47 (Show 204): Does Section Three Live?

November 27, 2024

What happened to Section 3 of the 14th Amendment?  Did the Supreme Court kill it with their ruling against Colorado?  What about the role of Congress?  This and more as the ominous transition continues.

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Colorado’s Supreme Court ruled that Donald Trump was ineligible for the Presidency under Section 3 of the 14th Amendment, following a trial, a verdict, and appeals.  The January 6th commission had numerous findings of fact that seemed damning to the former President.  The Special Counsel brought charges against him related to the fateful day.  But the Supreme Court unanimously ruled against Colorado; the Justice Department is dropping their case; the January 6th commission has disbanded. Meanwhile there has been no ruling that Trump did not in fact violate Section 3.  Does it exist?  And if it does, what are the implications for Congress’ certification of the vote in early January 2025?  We return to this subject even as the nation seems to be leaving it behind.  Also – an early look at some of the background to the recess appointment article authored by Prof. Amar and others which will appear soon, and a celebration of a great man and a great historian.

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

Season 4, Episode 46 (Show 203): The Gaetz of Hell

November 20, 2024

The president-elect has been rolling out his intended nominees, and they are sufficiently outlandish to raise a variety of constitutional questions, which we begin to address.

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President-elect Trump has begun to announce his plans for his cabinet and other top appointments for January.  Unconventional is a kind word for some of them.  And suddenly, in a House where Republicans have a razor-thin majority, there is a resignation – months before it would be required.  Why?  There are conspiracy theorists for health care positions; admirers of Putin for intelligence posts; newscasters who have never managed anything for one of the largest organizations in the world.  The Constitution has something to say about some of these, and we dive in.  Suffice to say, the water is murky.

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

Season 4, Episode 45 (Show 202): Preview of Peril – Special Live Podcast

November 13, 2024

Amarica’s Constitution goes live at the Yale Club of NYC for a look at the seemingly daily constitutional questions – and potential crises – in the news, and in store.

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The election is behind us, and foreboding fills the air.  We are live at the Yale Club of New York City for a live recording, addressing some of the many constitutional matters that are or soon may be front of mind as the seemingly inevitable challenges to norms, rules, and laws await.  Matters as wide-ranging as the implications of undivided government; the significance of state constitutional amendments on abortion; Justice Sotomayor’s future; recess appointments – and much more are on our plate this week.

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Season 4, Episode 44 (Show 201): All This Fuss About the Presidential Election – Special Guests Gordon Wood, Steven Smith, Paul Grimstad

November 5, 2024

It’s Election Day, and we have an early podcast this week, with a panel of experts on elections past and present.

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We are here early this week – for Election Day! And we bring you a panel that looks at elections, and Presidents, from American history, putting this year’s choice in perspective.  Gordon Wood, the greatest historian of the early Republic; Steven Smith, an expert on political institutions, on The Federalist, on Lincoln; Paul Grimstad, authority on great American thinkers and writers like Emerson and Thoreau; and of course, Professor Amar, weigh in on all sorts of questions and aspects of this year’s crucial choice.  And we have an audience for this live-to-tape podcast – an EverScholar audience – who asks questions on the mind of many.  Here are perspectives you won’t gain anywhere else.

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