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.
Show Notes:
Season 2, Episode 35 (Show 87): Afraid to Ask: Hamilton and A Wealth Tax
August 24, 2022
Are we a Republic or a Democracy? Yes, Akhil says on MSNBC – more on that here. Then, we go back to the 1700’s for the most important case of that century – with big implications for our century as well.
Following Akhil’s MSNBC appearance on “Velshi,” we elaborate on how a Republic is a Democracy. Does it matter – oh yes, and we explain why. Then we go back to the future – to the biggest Supreme Court case of the 18th century, with rock star Alexander Hamilton arguing, and the echoes resonate today. So why haven’t you heard of this case? Well, now you will, and follow a step-by-step explanation you won’t find anywhere else.
Show Notes:
Season 2, Episode 34 (Show 86): Search-A-Lago
August 17, 2022
Perhaps inevitably, Mar-A-Lago has been searched, and apparently blockbuster papers have been seized. Our analysis will challenge everything you thought you knew about the Fourth Amendment.
CLE credit is available after listening to this episode by visiting podcast.njsba.com.
Ex-President Trump’s residence – or is it his club? – of Mar-A-Lago was searched, and US government papers seized, pursuant to a search warrant which has since been made public. Warrants, papers, searches, seizures – all words found in the Fourth Amendment. We take the opportunity to upend what every American thinks they understand: that searches require warrants, that probable cause is a must, that failure to heed these dictates means the fruits of the search will be suppressed. Professor Amar presents an entirely different way of thinking about the 4th Amendment, and when he is done, you will wonder how you ever thought about it any other way. Armed with this understanding, we then turn to Palm Beach and assess the Justice Department’s actions in this light.