Season 3, Episode 13 (Show 117): It’s Coming
March 22, 2023
We await possible indictments of an ex-President, and rather than deprive our audience in the meantime, we take on a big question and inform you on a big opportunity.
The Mayor of New York City, Eric Adams, delivered a controversial speech at an interfaith breakfast, raising issues of church/state separation, gun control, and the role of religion in governance. Akhil uses the opportunity for some comparative constitutional analysis, and we look at the worldwide continuum of separationist approaches. The mayor is quite provocative on school prayer and quite confusing on guns, and we take that up as well. Meanwhile, we take a question on the judiciary in a far away and yet not so far away land.
Show Notes:
Season 3, Episode 12 (Show 116): The Lord Mayor Adams
March 15, 2023
New York’s Mayor Adams is in the news with some pointed comments on religion, guns, separation, and his godlike nature. We analyze, and take a provocative question while we’re at it.
The Mayor of New York City, Eric Adams, delivered a controversial speech at an interfaith breakfast, raising issues of church/state separation, gun control, and the role of religion in governance. Akhil uses the opportunity for some comparative constitutional analysis, and we look at the worldwide continuum of separationist approaches. The mayor is quite provocative on school prayer and quite confusing on guns, and we take that up as well. Meanwhile, we take a question on the judiciary in a far away and yet not so far away land.
Show Notes:
President Clinton and his portrait
Season 3, Episode 11 (Show 115): Sing a Song (of) Mike Pence
March 8, 2023
Subpeonas are in the air, and former VP Mike Pence has declared his intention to fight his. Where might such immunity come from? Meanwhile, states challenge President Biden’s student debt actions, raising more issues for us.
Former Vice President Mike Pence has received subpoenas from Special Counsel Jack Smith. Pence claims that he has grounds to challenge this subpoena; he locates this in the so-called “speech and debate” clause, and some claim that executive privilege is relevant as well. We examine these clauses and doctrines deeply and offer our own conclusions on this issue. Speaking of doctrines, the Supreme Court has brought the “major questions” doctrine out once again in the student debt case, and we look at that. We also take a deeper dive on questions of standing – how do states have the ability to appear in court challenging this presidential action? It may not surprise you to hear that Akhil wrote a relevant article, over 30 years ago.
Show Notes:
Season 3, Episode 10 (Show 114):Torture, Time Travel, and Transformation
March 1, 2023
Listeners’ questions include the 4th amendment and torture; timeless constitutional moments; how amendments interact and change each others’ meaning. And Akhil expands his thoughts on mootness and how Moore v. Harper still lives.
This week we take your questions; our listeners are engaged and clever, so Professor Amar is challenged again and again. How far do his 4th and 5th amendment views extend – do they reach torture? A fellow law professor asks a deep question about Reconstruction and Women’s suffrage which has deep implications. And we take a trip back in time to Akhil’s most treasured constitutional moments. Meanwhile, there’s more on Moore v. Harper and mootness.
Show Notes:
Season 3, Episode 9 (Show 113):Secrets, Boards, and Moots – Oh My!
February 22, 2023
The Constitutional Conversation continues in America, with memes that can mislead or inform. We join the discussion with some of the most prominent voices, along with perhaps some loud ones, on issues from the Founding to today.
People love to talk about the Constitution – that’s why we have a podcast. Sometimes, however, the conventional wisdom is quite unwise, leading to deeply unfortunate national narratives. Today we address questions such as whether the Constitution was foisted upon an unwitting nation, with the proceedings kept secret for decades. This is perhaps an old question, but in the news recently, we read of state public school curricula wherein objection is raised to the notion that the Declaration and Constitution are “remarkable.” So it matters that we understand all these questions – and their answers. We offer some. Oh, and speaking of “in the news,” Moore v. Harper is back in the headlines, with questions of whether it will be rendered moot hanging in the air, to the alarm of many. Professor Amar has a nuanced take on that.
Show Notes:
Season 3, Episode 8 (Show 112):Treason, Reason, History, and OurStory – Special Guest Kermit Roosevelt III
February 15, 2023
Professor Roosevelt returns to discuss 4 moments of American revolution, and to characterize them – secession? Treason? Moral? Fireworks ensue.
We continue our discussion with Professor Roosevelt of his new book, The Nation That Never Was. We revisit our debate on the Declaration of Independence and specifically, the meaning of “all men are created equal.” This has profound implications, it turns out, for evaluating the 1788 transition from Articles of Confederation to U.S. Constitution, the 1861 secession, and the great Reconstruction moment of the later 1860’s. Were these all secessions of a sort? Were they extra-legal? Were they treasonous? And finally, what sort of national narrative can we coherently draw from all this? Profound implications, especially when one considers the arguments and claims of the recent 1619 project, emerge.