Exploring Historical Context and Congressional Powers in the Constitution

Eleventh Circuit Judge Kevin Newsom takes over the role as professor to teach Sarah and David the implications of jurisdiction stripping and the balance of power between the branches of government. We’ll sum the lesson up as … Congress, do your job.

The Agenda:

—Judges say they won’t hire from Columbia Law School

—Explaining the exceptions clause

—Constraints over jurisdiction stripping by Congress

—Marbury powers

—Congress taking a more active role in constitutional interpretations

Show Notes:

—David for the NYT: The Magic Constitutionalism of Donald Trump

—Felker v. Turpin

—Sheldon v. Sill

—Judge Newsom's mention of Bruen in the AO episode from June 2022

—Judiciary Act of 1979

—Akhil Amar's two-tier theory of jurisdictions

—Daniel Epps' article in Columbia Law Review

—Monday’s AO podcast

—Henry Hart’s dialogue with self in the Harvard Law Review

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