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.
Show Notes:
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.
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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.
Show Notes:
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.
Show Notes:
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.