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 5, Episode 49 (Show 258): No Army at All

December 25, 2025

The Supreme Court has ruled that the National Guard deployment in Illinois must end.  We take a look at the constitutional and historical considerations this brings to mind.

CLE Credit Available for this episode from podcast.njsba.com.

Presidential power is abridged, for a change, by the Supreme Court in its shadow docket ruling in Trump v. Illinois.  Rather than ruling in silence, however, this time the Court gives us 25 pages and 4 opinions to chew on.  We examine the history behind issues of deployment of the Army as well as the Guard/Militia on domestic soil, which leads us to discussions of Militia Acts, the Military Amendments, and basic constitutional principles.  Professor Amar discusses the implications for the coming big rulings on tariffs and birthright citizenship he sees in the alignment the Court assumes in this ruling. Just as this is not the Court’s last word in this case, we will have more to say in subsequent episodes, but this discussion will leave you armed, if you will, with the tools to see the issues clearly.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

Season 5, Episode 48 (Show 257): Courage is Contagious – Special Guest Congresswoman Maggie Goodlander

December 18, 2025

Representative Maggie Goodlander joins us to discuss illegal orders, New Hampshire politics, and serving in all three branches of government.

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One of the most promising new faces in the US Congress, Representative Maggie Goodlander, joins us for a wide-ranging discussion, including the recent video assuring our troops that they may not obey illegal orders, and the aftermath of that simple offer of support.  You may not know that this first-term congresswoman has served in our military for 11 years; has clerked for a Supreme Court Justice; has served in the White House; has been senior advisor to both Republican and Democratic Senators; has studied under Professor Amar – and much more.  Hear from her, and see that there are still talented American patriots that seek to defend the Constitution.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

Season 5, Episode 47 (Show 256): Humphrey’s Execution

December 10, 2025

The Supreme Court held oral argument in the case of Trump v. Slaughter, to determine if an FTC governor can be dismissed by the president at will.  We analyze.

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Oral arguments took place in the highly-anticipated unitary executive case, Trump v. Slaughter. The overruling of the case that seems to govern, Humphrey’s Executor, has been long expected, and indeed, the Chief Justice referred to the “dry husk” that was all that remained of that case after recent years of whittling by the current and recent Court.  However, faced with the extremity of possible consequences, the Court veered this way and that, indicating that while the direction seems clear, the destination may not be.  Fascinating intersections with other cases and theories that Professor Amar has studied and expounded over the years abound, and in our Cosell-like tour of the argument’s twists and turns, you will learn how it fits together. 

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

Season 5, Episode 46 (Show 255): Balance and Check-mate – Special Guest John Fabian Witt

December 3, 2025

Professor John Witt joins us to offer insight on the laws of war and recent actions of the President and his minion, Secretary Hegseth, and Professor Amar provides an innovative analysis.

CLE Credit Available for this episode from podcast.njsba.com.

Secretary of Defense Hegseth is making use of his sights.  He is focusing at times on Senator Mark Kelly, seeking to wreak havoc upon him for his utterances which have angered Hegseth’s master.  Meanwhile, purported drug smugglers have found Davy Jones’ locker at the order of Hegseth, it has been reported, including those left helpless after initial lethal strikes.  Yale Professor and Bancroft Prize winner John Fabian Witt joins us to help us make sense of the international law and laws of war issues here. Meanwhile, your poor co-host, Andy, is subjected to a Socratic barrage at the hands of a Kingsfield-like Professor Amar, as the relentless logic – or is it illogic – of Hegseth’s actions run into a Constitutional wall.  This is an entirely new, and entirely irresistible analysis; it’s Professor Amar at his best.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

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Season 5, Episode 45 (Show 254): The Only Only

November 26, 2025

A video from Congresspersons draws vehemence (what else) from the President.  We analyze.

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Events in the news once again intersect with Professor Amar’s past work, as a little-known aspect of a clause in the Constitution has surprising relevance to the President’s fire-breathing response to a video from Senators and Representatives reminding our military and other officers of their lawful obligations. We trace other constitutionally newsworthy developments, on the filibuster and on the unitary executive.  And the Born Equal tour continues, with some interesting reflections on the genesis and rationale for some interesting aspects of the book.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

Season 5, Episode 44 (Show 253): The Undigested Matzo Ball

November 19, 2025

We continue our analysis of the tariff case with clips from the oral argument; also, discussions of an under the radar bill passed by the Illinois legislature. Part two of two.

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We return to the tariff case and continue to hear from the justices and the advocates in their own voices from the oral argument.  This time, a 20 year old argument from Vik Amar takes center stage with apparent approval from several key justices, and several of the Court’s female justices join forces to make life difficult for the Solicitor General.  We also review some of the emerging implications from the recent election, and a bill coming out of Illinois that takes its inspiration from a 40 year old argument made by Professor Amar.

Part two of a two-part episode.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes: