Divided Argument Hypothetical Unicorn
Feb 14, 2025
Dive into the complexities of constitutional crises, exploring historical examples and their modern parallels. The hosts analyze the intricate dance between judicial authority and executive power, questioning what happens when a president ignores rulings. They unpack a high-profile lawsuit against Smith & Wesson, debating gun manufacturers' accountability. Insights into tort law ignite philosophical discussions, while the responsibilities of social media companies regarding crime are dissected. Discover how state and federal courts differ, with a keen focus on legal predictions and audience engagement.
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Constitutional Crisis Definition
- A constitutional crisis involves disobeying settled norms and deep disagreements on fundamental rule-of-law questions.
- It entails inter-institutional conflict and a sense of jeopardy, exemplified by the Civil War and potentially the Court-packing crisis.
Vance and Vermeule on Judicial Overreach
- J.D. Vance retweeted Adrian Vermeule's critique of judicial overreach, sparking debate about disobeying court orders.
- Vance argued that judges cannot control the executive branch's legitimate powers, citing military and prosecutorial discretion.
Humphrey's Executor Challenge
- The acting Solicitor General plans to challenge Humphrey's Executor, arguing against removal restrictions for independent agencies.
- This raises questions about the future of independent agencies and potential leadership turnovers with each administration.