In this podcast, Jonah Goldberg and Adam White discuss legal controversies including a potential Biden impeachment, legal threats to Donald Trump, and the role of the Supreme Court in turbulent times. They also explore the controversial argument of presidential assassination, the debate on using the 14th Amendment to prohibit Trump, and the complexities of legal arguments. Other topics include acquiring Greenland, dismantling the administrative state, and the distinction between history and tradition.
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Quick takeaways
Presidential impeachment is a controversial topic due to debates over immunity and the extent of a president's powers.
Filtering constitutional arguments into litigation limits and distorts the larger conversation on constitutional issues.
The conservative legal movement faces challenges, including tensions within the movement and pressure to align with Trump's agenda.
Deep dives
Trump's immunity argument in court hearing
During a recent court hearing on Donald Trump's appeal, his lawyers made the argument that the president had blanket immunity from criminal prosecution unless he was impeached and removed from office. While this argument has been met with criticism and skepticism, it highlights the ongoing debate over presidential immunity and the extent of a president's powers.
The dangers of filtering constitutional arguments into litigation
The podcast explores the dangers of filtering constitutional arguments into litigation and the impact it has on public discourse. By reducing complex constitutional debates to legalistic arguments that are made in court, the podcast argues that the larger conversation about constitutional issues is often limited and distorted. It emphasizes the importance of engaging in meaningful constitutional dialogue that goes beyond the legal realm.
The challenges facing the Supreme Court and the conservative legal movement
The podcast discusses the challenges facing the Supreme Court and the conservative legal movement. It highlights the tensions within the movement, such as the divide between libertarian and traditional conservative perspectives. Additionally, it touches on the impact of Trump's presidency on the movement, including the pressure for lawyers and judges to align with his agenda. The podcast raises concerns about the erosion of trust and the need to navigate these challenges while maintaining the integrity of the conservative legal movement.
Debating the Anti-Democratic Nature of the 14th Amendment
The podcast episode delves into the debate surrounding whether the disqualification of Trump as a candidate based on the 14th Amendment is necessary or if it should be left to public sentiment. It explores the idea that even if the legal threshold is not met for disqualification, the revulsion felt by Republicans towards Trump's actions on January 6th should be enough. The episode also discusses the anti-democratic nature of the Supreme Court's decisions and argues that non-democratic actions by the courts are not inherently wrong. Additionally, the role of the court in interpreting the 14th Amendment and the difficulties in determining what it means and how it should be applied are explored.
The Supreme Court's Potential Rulings on the 14th Amendment and Presidential Immunity
The podcast speculates on how the Supreme Court may rule on both the 14th Amendment argument and the issue of presidential immunity. It suggests that the court may be skeptical of the 14th Amendment argument due to uncertainties and a broad interpretation of the amendment's implications. Conversely, it highlights the strong arguments for the court rejecting Trump's theory of presidential immunity. It also considers the possibility of Chief Justice Roberts aiming for a unanimous decision against both the 14th Amendment argument and immunity, based on an institutionalist approach. The episode concludes by emphasizing the future challenges the court will face on new legal issues, particularly related to the administrative state, and predicts that the court's decisions will continue to be influenced by evolving government practices.
Determined to prove that Advisory Opinions is merely a niche secondary podcast, Jonah is joined today by Adam White—the American Enterprise Institute’s resident law-talkin’ guy—to ramble through the latest in legal controversies. Topics on the docket include a potential Biden impeachment, legal threats to Donald Trump, and how the Supreme Court is holding up in these turbulent times. Plus, tune in to find out if America will ever become a land without lawyers.