Season 3, Episode 7 (Show 111): Trillion Dollar Tricks – Special Guest Jack Balkin
February 8, 2023
Congress is playing with the debt ceiling, and we have Professor Jack Balkin, the world’s leading expert on the Constitutional relevance and implications of such foolishness. It turns out that there’s much more in the 14th Amendment’s section 4 than almost anyone knows.
CLE credit is available by visiting podcast.njsba.com after listening.
The newly Republican House is threatening to refuse to raise the debt ceiling, raising the spectre of a US default. Given the 14th amendment, section 4’s prohibition on “questioning” the debt of the United States, all sorts of constitutional questions and strategies have been raised. We are fortunate to welcome Professor Jack Balkin, who knows more about this provision and this topic than anyone, to explain the origin of this constitutional provision, and why its history is directly relevant to today’s developments. Meanwhile, what about the trillion-dollar coin and other mind-blowing approaches to the problem? We’ve got the lowdown on those, too.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Season 3, Episode 6 (Show 110): Declaration, or Gettysburg? – Special Guest Kermit Roosevelt III
February 1, 2023
Professor Amar is joined by Professor and Author, Kermit Roosevelt III, for a discussion of his new book, The Nation That Never Was, which attempts to find the American narrative in a time besieged by the claims and advocacy of the 1619 and 1776 projects.
A new book, The Nation That Never Was, by Professor Kermit Roosevelt III of the University of Pennsylvania Law School, engages in extensive historical, legal, political, and philosophical analysis of the American story. This is nothing less than a search for America’s most useful and unifying narrative, even as we are living with the controversy and divisions that the “1619” and “1776” projects have wrought (or highlighted). Professor Roosevelt embraces some of Professor Amar’s key innovations and claims, including the centrality of the Reconstruction Amendments for valid originalist analyses, but he also makes claims that, shall we say, get Akhil’s (and Andy’s!) attention. So, too, will it grab your attention as you listen to a respectful debate.
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Season 3, Episode 5 (Show 109): Wait – Don’t Tell Me!
January 25, 2023
Our discussion of criminal procedure, prompted by the horrific events in Idaho, continues with sixth amendment issues, some anniversaries are noted, and we take your questions.
The aftermath of murders in Idaho saw another terrible crime in Massachusetts, and all these matters raise questions of criminal procedure and the constitution. We continue our 4th amendment reflection but add the 6th amendment, which has seen little attention on our podcast in the past. What can a lawyer fairly do in your defense? Add to this a discussion of the various anniversaries that this past week observed, and the long-promised answering of some great viewers questions, and you have a loaded episode.
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Season 3, Episode 4 (Show 108): The Idaho Murder Case in Constitutional Perspective
January 18, 2023
The horrific events in Idaho have led to a national manhunt, bringing all sorts of constitutional questions into play. Naturally Professor Amar has a take on all of them, which we share with you.
A tragedy in Idaho riveted the nation, as a dragnet, a manhunt, a search of garbage, a DNA test, a bail hearing, an extradition, and much more surrounded the eventual arrest and the onset of legal process in the case. Fortunately, Professor Amar has written on all these subjects, and we travel down these various roads, explaining and navigating their constitutional complexities.
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Season 3, Episode 3 (Show 107): Speaker-ish
January 6, 2023
The House continues frozen in Speaker-less limbo, now for a fourth day. This special episode uploads early so you can be armed with history, structure, rules, and anecdotes to better take in this history in the making.
On this second anniversary of the January 6th insurrection, we’re back early – as promised in our last episode – to help you take in the spectacle underway on the floor of the House of Representatives. We give you the historical background, the constitutional framework, and we look at some of the tactical and political machinations playing out in as close to real time as podcasts allow. We also peek at the still-simmering Santos situation, which takes us back into the law classroom for a look at the classic case of Powell v. McCormack and how it resonates in this situation. This is “next week’s episode” this week to keep you ahead of the game.
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Season 3, Episode 2 (Show 106): January 6, Santos, and The Speaker
January 4, 2023
The new Congress brings all sorts of complexities – a new Speaker (who?), an apparently expellable Representative, and the long- anticipated report of the January 6th Commission. We take them all on.
Two year anniversaries in Washington mean a new Congress, but this year January also brings the echoes and the legacy of January 6. These intertwine most intimately, as the end of the old Congress necessitated the windup of the January 6 Commission, a report, some referrals, and all sorts of constitutional questions. Meanwhile, it also brings a new Speaker election and why should anything be simple in Washington these days? If that wasn’t spicy enough, the usually routine seating of the new House brings Representative-ish Santos to Washington with all of his chameleon-like mendacity. We have to talk a bit about that, too.