Sarah Isgur and David French invite Richard Primus, author of The Oldest Constitutional Question: Enumeration and Federal Power, to discuss his unorthodox argument that the constitutional system does place limits on Congress, but those limits don’t actually come from the enumeration of powers—and never have.
But first: a grab bag of legal cases and responding to Attorney General Pam Bondi’s very anti-conservative remarks.
The Agenda:
—Will hate speech be prosecuted?
—Partisan divides on the interim docket
—Listener insights on delegated powers
—Elite law schools and Rehnquist v. Souter clerk hiring
—Granting mootness on a SCOTUS case
—The oldest constitutional question
—Originalism and the 10th Amendment
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