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.

Professors Amar, Amar, and Calabresi write this influential amicus brief in the Moore v. Harper, or ISL case.

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.

James Madison writes of the great powers of the States to adjudicate a wide range of matters within their borders which the Federal Government may not directly address.

Professor Amar writes in the 1991 University of Chicago Law Review on the historic “lessons” that early America had for Europe, and for us today – in the dangers to liberty of standing armies, of deploying national military troops against a civilian population, of ignoring principles of localism in militias and juries, and so forth.

An important 1985 case that established that a law enforcement official may not use deadly force against a fleeing suspect except in very narrow circumstances which appear to be absent in the Minneapolis case.

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.

The 1952 case that seems to respond to Maduro’s “I have been kidnapped” claim.

The 1886 case that looks overseas and finds a fact pattern which, if not identical to 2026, is at least eerily reminiscent and on point.

The Harvard Law Review publishes this landmark article by Professor Amar on the Fourth Amendment and how an originalist has to look very hard to find its principles in today’s Supreme Court doctrine.

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.

Professor Amar references this article in our discussion on the many oddities of practice and custom around issues of succession, inauguration, and the like.

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.

This early law passed by Congress and signed by George Washington illustrates important principles of local control of militias, and the idea that the militia embodies a lesser threat to liberty than a standing army in part because it is required to consist of the closest forces that can be mustered against rebellion or other dangers. It later sunset, and was superseded by later laws.

The statute that superseded the Militia Act of 1792.

The unfortunately named “Dick Act” supersedes certain aspects of the earlier Militia Acts, demonstrating how the founding principles evolve or adapt a bit to later changes in scale and technology.

Landmark Supreme Court case on protective power.

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.

James Madison writes on “The Total Number of the House of Representatives,” a timely (for us) commentary on the notion of bringing the retail politics of New Hampshire, with its enormous legislature, to Washington.

The New York Times weighs in on an important but so far little-discussed argument for the United States obeying laws of war that seek to prevent its troops from engaging in morally repugnant behaviors.