Season 2, Episode 27 (Show 79): Special Episode – Prediction and Prescription
July 4, 2022
The end of the SCOTUS term is here; we bring you an additional, special episode – extra, and early! – this week to begin to analyze the “earthquake” that these several decisions represent.
The Supreme Court term came to a roaring end, and we couldn’t wait a week – so here we are with an extra episode for you. At least three huge decisions came down, and we begin to assess them. The newspapers are ablaze with outrage and shock – but are our listeners equally shocked? We look at the opinions through the lens of our body of work – particularly appropriate now since this marks the 1 and a half year mark of Amarica’s Constitution. In addition to the now-final Dobbs opinion, we look at the role of Justice Kavanaugh, and how it compared with expectations and predictions. Lots more for you in this special additional episode.
Show Notes:
Season 2, Episode 26 (Show 78): The Real Steal, Part Three – Special Guest Vikram D. Amar
June 29, 2022
We conclude our 3-part series on ISL theory with a look at the Court’s precedents, with Dean Vik Amar. NOTE: A special bonus episode will follow on the end-of-term big cases, later this week.
In the concluding episode of this series on the bogus ISL theory, we review the relevant cases and precedents. As is our wont, we include the “best” cases for the “other” side, and review all the arguments. Dean Vik Amar joins us once again. Note: we have not ignored the elephants that have emerged from the courthouse in the past week, and a special Extra Episode of Amarica’s Constitution will follow later this week in addition to this regular episode.
Season 2, Episode 25 (Show 77): The Real Steal, Part Two – Special Guest Vikram D. Amar
June 22, 2022
Having identified the threat of the so-called “Independent State Legislature” theory in Part 1 of this series, Akhil is joined by his brother and co-author, Dean Vikram Amar, as they explain step by step why ISL theory is legal hogwash. In this episode, history, law, and practice come together to begin this work.
This episode presents Part 2 of our series on the grave threat that “Independent State Legislature” theory presents to the Republic, and why it is completely, irrefutably wrong. We welcome Dean Vikram Amar, who co-authored with Akhil their current article, about to be published in Supreme Court Review, which is already widely cited in the media and in forthcoming articles by other scholars. This article attempts to put to rest ISL theory by showing how it is wrong from every conceivable angle of analysis. We take up that analysis, beginning with the text, history, and structure of the Constitution, and then through an ingenious analysis of actual practice. We have been saying that this issue is coming, and by all accounts, it’s here.
Show Notes:
Season 2, Episode 24 (Show 76): The Real Steal – Part One
June 15, 2022
Professor Amar, and his brother, Dean Vikram Amar, have identified a grave threat to the Republic that lies within the chamber of horrors that were the election conspiracy theories of 2020, and the abortive attempts to undermine the orderly transition of power – culminating in the terror of January 6. Today we begin a 3-part dive into a threat that still looms, and looms large indeed.
As the January 6th committee’s hearings continue, the nation is treated to recounting of wild, false claims of election fraud, and outrageous schemes which countenanced blocking or surmounting the duly conducted vote in the electoral college. What was behind those schemes? A so-called theory of “Independent State Legislatures.” What’s that? How would it further the undermining of the electoral process? Is it still a threat? And where did it come from? Here’s one hint that should tell you something about its DNA: it is in large part the residue from the notorious, noxious, nullity that was Bush v. Gore. Professor Amar, and his brother, Dean Vikram Amar, have teamed up to head off this danger to the Republic, through a new article which is already widely acclaimed and cited. Today Akhil and Andy (joined by Vik in subsequent episodes) begin a three-part series that will explain the threat, review the background, and then take it on squarely and decisively.
Show Notes:
Season 2, Episode 23 (Show 75): Guns, Legislation, Uvalde, and Bruen – special guest Adam Winkler
June 8, 2022
America’s eyes are still upon Texas – Uvalde, Texas, following the recent tragedy. Professor Adam Winkler, a true expert in gun legislation and discourse, joins us to clarify what is happening and what might happen as the nation holds its collective breath waiting for action.
As the nation continues to reel after the massacre at Uvalde, we are joined by Professor Adam Winkler, the leading expert on gun policy and gun laws, who takes us through the range of the possible when it comes to gun legislation. What might Congress do, what are the limitations, political and constitutional, and what is the significance of the upcoming Supreme Court decision in Bruen? Professor Winkler also offers a primer of sorts on the terminology and landscape of this highly contentious, highly fraught area of law and policy and a crucial time.
Show Notes:
Season 2, Episode 22 (Show 74): After Uvalde – What?
June 1, 2022
The horrific massacre in Uvalde, Texas has directed the nation’s eyes to the Constitution and its role in gun rights. The Court, and Congress, are looked to warily. We review the constitutional landscape for our listeners, and prepare them for a forthcoming Supreme Court decision.
The nightmare of gun violence haunts America today. What can be done? So many Americans are aghast at assertions of gun rights in the face of absolute evil. It seems incomprehensible. Our job it to render this domain legible, navigable, and at least potentially solvable. We begin in this episode with a review of the Constitutional landscape of rights in general, gun rights in particular, and we put an imminent Supreme Court decision on carrying arms in perspective. We also preview our next episode, which will feature an important guest who will do much the same clarification of the legislative world we will soon enter.