Season 2, Episode 41 (Show 93): Zelig of the Court – Special Guest Brad Snyder
October 5, 2022
He was everywhere and knew everyone. He was perhaps the most influential person in the nation. And oh yes, he was an important Supreme Court Justice. Felix Frankfurter’s biographer, Brad Snyder, joins us and tells the amazing tale of a titanic figure you probably knew little of.
Do you know who was Franklin Roosevelt’s most trusted advisor? Do you know who practically invented the law clerk infrastructure and controlled the clerk assignments to 60% of the justices at once? Do you know who was a key early reporter for The New Republic? Do you know who was the first Jewish professor at the Harvard Law School? Who was the sharpest critic of the Supreme Court only to become a Justice of that Court? Who went to Versailles and advised both Weizmann and T.E. Lawrence? Who fought bitter battles with Harvard’s President again and again? These are all the same person: Felix Frankfurter. A new and important biography of Justice Frankfurter tells this incredible story, and he joins our podcast today: Professor Brad Snyder. Believe it or not, the superlatives you just read only scratch the surface of this Man Who Was Everywhere. You have to hear it all.
Show Notes:
Season 2, Episode 40 (Show 92): The Court’s Other Amy
September 28, 2022
As the new SCOTUS term begins, Professor Amar, Andy, and the constitutional ecosystem will rely on SCOTUS blog for instantaneous, insightful, accurate information. Meet Amy Howe; meet her invaluable creation; and be armed for what’s to come.
It’s almost the First Monday in October, so the Supreme Court term is upon us. Those who follow the Constitution may turn to Amarica’s Constitution for their Constitution-listening, and after meeting Amy Howe, founder of SCOTUS Blog, they will turn to that amazing resource for their Court-watching. So, join us. Meet today’s special guest, Amy Howe; meet SCOTUS Blog; meet the new term; and see why Professor Amar and colleagues regard her as a rock of integrity, completeness, and civic virtue.
Show Notes:
Season 2, Episode 39 (Show 91): Loving Lincoln, and Castigating Kastigar
September 21, 2022
It’s Constitution Week, and we have a big announcement. Meanwhile we conclude the Fifth Amendment series with a completely new Fifth A world – what it would take, and how we could get there. And how does Lincoln fit into all this?
Happy Constitution Week! Our Fifth Amendment journey takes us in a somewhat unexpected direction, as we pit Abraham Lincoln against the Supreme Court on the Fifth as well as on several other areas of contested constitutional law. Then it’s back to the near future as we look at how today’s Fifth confusion could be tomorrow’s clarity – and we look at the Court to see if there are five votes for a new Fifth. Then we top it all off with an exciting – very exciting – announcement.
Show Notes:
Season 2, Episode 38 (Show 90): Masters, Monarchs, and Mangling the Fifth
September 14, 2022
The Special Master is in the news, and in our podcast. More on a new theory of the Fifth Amendment, too, along with a constitutional angle to the passing of Queen Elizabeth II.
The controversy over a possible appointment of a special master in the. Mar-a-Lago search matter is a timely trigger for our discussion, especially in light of our recent 4th amendment episodes. Meanwhile we continue a rethinking of the fifth, and of course Professor Amar has a theory that unites everything. There’s also the Queen”s death, which is also fascinatingly relevant, and somehow Lincoln finds his way in, as he usually does.
Show Notes:
Season 2, Episode 37 (Show 89): Trump Says His Name
September 7, 2022
The Fifth Amendment, reimagined. Donald Trump, quiet if not silent. Immunity reshuffled. And lawyers in danger. Big changes happen when you identify the big idea, then pull on its thread.
Our last episode explored how the self-incrimination protection came about, and how much of safeguards now lie outside the fifth amendment. Given that, what is left? Surprise – Professor Amar has a theory, and once again, it can change everything. Well, almost everything – Donald Trump is still up to his old tricks. Why does he say his name, and nothing else? Also, what’s going on back in Florida, and what does it mean for Trump’s hapless attorneys? There will be a lot to explain to your friends after you finish this one.
Show Notes:
Season 2, Episode 36 (Show 88): Trump Takes the Fifth
August 31, 2022
Ex-President Trump invokes the Fifth Amendment hundreds of times in a New York State deposition, as he and his corporation are investigated. We take this opportunity to look closely at the Fifth, and in so doing to challenge everything you think you know about it.
The Trump investigations are everywhere. This week we move from Mar-A-Lago to New York, where the Attorney General had some questions for the ex-president. He took the Fifth, repeatedly if unsurprisingly. We look at it, but to do so we look at the Fifth Amendment itself, its roots going back millennia, and its evolution as American law. So you think you know the Fifth? We beg to differ. Prepare for an entirely new way to think about this venerable protection, as Professor Amar offers a framework that will provoke, surprise, and hopefully, delight.