In this new podcast, Professor Amar offers weekly in-depth discussions on the most urgent and fascinating constitutional issues of our day. He is joined by host Andy Lipka and frequent guests: other top experts, including Bob Woodward, Neal Katyal, Nina Totenberg, Lawrence Lessig, Michael Gerhardt, and many more.

Episode 9: Sedition and Perdition

March 10, 2021

The inimitable John Adams makes for a fascinating subject in the second of four sets of readings from Akhil’s forthcoming tome, “The Words That Made Us.”

We continue “Presidential Month” with the second set of readings – this time on John Adams – from the forthcoming (in May) “The Words That Made Us.”  Adams’ unique combination of bombast, verbosity, grandiloquence, ubiquity, and insecurity, makes him an author’s dream.  It also left him extraordinarily thin-skinned, and the notorious Sedition Act was the result. Akhil and Andy take a grand tour of Adams’ constitutional misadventures.

Show Notes:

Episode 8: The Unanimous Man

March 3, 2021

Professor Amar begins a preview of his soon to be released book, “The Words That Made Us,” with a reading and discussion on America’s first First Man: George Washington.

Akhil’s new book, “The Words That Made Us,” will be available in May.  This widely anticipated tome has already garnered a starred review from Kirkus Reviews.  In this episode Akhil provides a preview, with reading and commentary from Chapter 7 – “Washington.”  Although all Americans know that Washington was the first president, they may not know quite why the first American electors elected him unanimously – twice.  Akhil provides a reading, and Andy and Akhil discuss.

Show Notes:

Episode 7: Succession Inquisition

February 24, 2021

How America screwed up Presidential succession, then fixed it (sort of), then screwed it up again.  And how to fix it, Amar style, of course.

How does Akhil dislike the Presidential Succession Act?  Andy tries to count the ways.  This Constitutional disaster-in-waiting is definitively dissected.  We could have had President Pelosi being sued by would-be President Pompeo, with your 401k turning into a 201F. Show notes on the website include the three incarnations of the Act since the Founding, and some tips on counting from the experts.

Show Notes:

Trying to keep track of all the screw-ups in the Presidential Succession Act proves too much for Andy and Akhil.  They seem to have learned their counting skills from these intrepid mathematicians of the past:

Episode 6: Snap – You’re in Lisbon

February 17, 2021

The perils of the “lame duck,” and some proposed solutions.  Probably the only time Akhil suggests we become “more British.”

The many dangers of the lame duck that gave rise to our “Bullets Dodged” series raise the question – do we really need a lame duck period at all?  Akhil and Andy recall the “secession winters” of the past and how 2020 shared aspects of all of them; and of course, we have suggestions for how to solve it.  As for Lisbon, this is not the first episode of ours that references “Casablanca…”

Show Notes:

For those unfamiliar with the classic, here is an explanation of the Casablanca references from the podcast:

Episode 5: Menus Without Eating – Special Guest Prof. Philip Bobbitt

February 12, 2021

Special Guest Professor Philip Bobbitt, engages Akhil in spirited debate on the constitutionality of Trump’s impeachment trial.

Philip Bobbitt is a top academic expert on Impeachment.  He has led the lonely chorus of those who have maintained that Trump’s second impeachment trial is unconstitutional, since it takes place when he is no longer President.  Akhil and Professor Bobbitt debate this and other points crucial to the trial – with surprising results. News flash: opinions change, and consensus is nearer.  One can only wish the Senate had similarly open minds.

Show Notes:

Episode 4: Ex-Pres Ex-perts

February 10, 2021

Donald Trump is on trial; Akhil and Andy make sure you are armed and ready.

The impeachment trial has begun.  We depart from our leisurely time-independent pace to go nearly live and address the most important issues.  Can you try an ex-president?  Is this really about “insurrection?”  What are “high crimes and misdemeanors?”  How can Presidents Obama, Bush, et all help? Akhil and Andy also discuss their recent op-ed from the NY Daily News earlier this week.

Show Notes: