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.

Season 4, Episode 42 (Show 199): Constitution Things

October 23, 2024

Amarica’s Constitution approaches some landmarks, takes stock, and preview and exciting future.

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We are approaching our 200th episode and completing our 4th year of “Amarica’s Constitution,” and it seems appropriate to take stock.  By coincidence, the Yale Law School is celebrating its own anniversary, and these things come together as Akhil is part of a big event and presents a “big idea” that sounds like a strange saying: “the Constitution is a thing.”  We explain, elaborate, and celebrate a little bit.  We look back, and we look ahead to some real excitement over the next few months (besides the election, that is).

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Show Notes:

Season 4, Episode 41 (Show 198): How to Fix – and How Not to Fix – the Immunity Opinion

October 16, 2024

We analyze a recent NY Times article purporting to force the Supreme Court away from its current immunity stance, and offer a different approach.

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In Trump v. United States, we have said that the Court went far astray from the Constitution and from its duty, endangering the nation in the short and long terms.  Many have shared this opinion and these fears, and reaction has been profound. In the New York Times, two law professors take up the pen and offer a number of suggestions that purport to restrain and direct the Court towards Congress’ will, assuming that Congress agrees with the authors, that is.  Senator Schumer in a recent bill took a similar though not as extreme direction. We identify the flaws with these approaches, and offer an alternative that would be constitutional, and has an actual chance of being effective, based upon history and constitutional structure. We also take up some fascinating readers’ questions, including one which might matter for some overseas voters.

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Show Notes:

Season 4, Episode 40 (Show 197): Ex-Presidents: the Ex-cellent and the Ex-ecrable

October 9, 2024

President Carter’s 100th birthday is an impetus for a look at a strange and rarely-examined office:  America’s ex-presidents.

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The Supreme Court has, through its recent follies, managed to bring the status of ex-presidents into the spotlight.  How appropriate, then, that perhaps America’s greatest ex-president reaches a milestone this past week:  Happy Birthday, President Carter.  The ex-presidents, it turns out, have told a myriad of stories through the centuries.  America largely avoided succession crises until recently, but as far back as Alexander Hamilton, the potential for mischief was seen and feared.  Professor Amar, one of the few who have studied ex-presidents in any detail, treats us to a master class in this unusual but suddenly vital group of Americans.

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Show Notes:

Season 4, Episode 39 (Show 196): The Return of the Enemies List

October 2, 2024

The lessons of the Nixon era may not have been learned so well after all.  Donald Trump is here to remind us, and an old bugaboo, Nixon v. Fitzgerald, still haunts as well.

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Donald Trump continues to spout inflammatory rhetoric; he has compounded his talk of being “a dictator on day one” with an intention to conduct a “purge” with extreme violence allowed, again allegedly for one day.  All this makes one expect that he will not back off his first-term tendency to take an authoritarian posture regarding the Justice Department. The New York Times ran an article presenting new and thorough look at Trump and the Dept in his prior term, and we analyze.  We also take more of your election-related constitutional questions.

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Show Notes:

Season 4, Episode 38 (Show 195): The Blue Dot

September 25, 2024

Blue dots, blue islands, blue splotches.  Nebraska’s congressional districts and other election oddities and stratagems are in the news this week.

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Nebraska is no flyover state; its unusual electoral vote structure puts Omaha’s one electoral vote up for grabs – both as a contest for votes, and a legislative battle to possibly restructure Nebraska’s election law.  We tell an originalist story form the early Republic that surprisingly echoes some of the issues in today’s situation. Meanwhile, other types of blue dots, and how the right to travel and to reside where one wishes can play a role in the election.  We also try to proactively refute the inevitable accusations to come from predictable sources on these matters.  

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Show Notes:

Season 4, Episode 37 (Show 194): The Devil You Know

September 11, 2024

A recent New York Times article questions the value of the Constitution, suggesting it may be more a danger to the Union than its salvation.  We discuss.

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The New York Times looks at the Constitution as an allegedly anti-democratic, divisive, secession-promoting document.  They bring authority to bolster their case in the person of the Dean of the UC Berkeley School of Law, Erwin Chemerinsky.  We take a close look at this article and the arguments it employs.  This takes us to the center of the Constitution’s purposes, of course to questions of originalism, as well as an analysis of what sort of democracy the Constitution protects, and what sort it might protect against.

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Show Notes: