Amarica's Constitution The Undigested Matzo Ball
Nov 19, 2025
Delve into a captivating discussion on a longstanding tariff case as justices grapple with constitutional interpretations. Key justice exchanges illuminate the complexities of 'regulate importation' and the boundaries of executive power. The fallout from recent elections offers insights into federalism's role, while a proposed Illinois Bivens Act sparks conversation on state-level protections against federal officials. Historical nuances of taxation language and the implications of emergency tariffs add depth to this compelling exploration of law and governance.
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Off-Year Elections As Federal Guardrails
- State and local elections act as crucial federal checkers on presidential power through federalism.
- Akhil Reed Amar warns off-term and governor races can reshape national politics and constrain presidents early in their terms.
States Can Provide Remedies Against Federal Officials
- Amar revisits his 40-year proposal that states create 'Converse 1983' laws to let citizens sue federal officers.
- Several states, led by Illinois, are now advancing bills inspired by that idea to provide remedies for federal constitutional violations.
Scholarship Cited In Portland Troop Ruling
- Amar notes a Trump-appointed judge cited his book when enjoining troop deployments in Portland.
- He frames his scholarship as a resource judges and lawyers can draw on across administrations.
