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What Roman Mars Can Learn About Con Law

Latest episodes

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Dec 18, 2023 • 34min

The Disqualification Clause

The podcast explores the Disqualification Clause, its implications for Trump's 2024 presidential candidacy, and the case of Cooey Griffin. It analyzes the enforcement and interpretation of Section 3 of the Disqualification Clause, as well as the constitutional question of disqualification for the president. The hosts discuss the political context and concerns surrounding Davis's amnesty and its comparison to Carter's amnesty for draft dodgers.
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Nov 2, 2023 • 32min

Gag

The podcast explores the implications of imposing a gag order on former President Trump during his criminal trial. It discusses the balance between his First Amendment rights and the need for an orderly trial, as well as his violation of a gag order in a civil fraud case. The unique challenges of having a former president as a criminal defendant and the potential consequences of imprisoning him are also examined.
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Sep 19, 2023 • 33min

Margarine, Meadows, and Removal

Former White House Chief of Staff Mark Meadows is indicted in a criminal case aiming to overturn the 2020 election results in Georgia. He cites a 1899 margarine case to justify his desire to have his case tried in federal court instead of state court. The podcast explores the history of margarine, analyzes the Georgia case, discusses Trump's indictment and criminal organizations, explores Meadows' defense and removal to federal court, and raises the legal questions surrounding presidential pardon power.
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May 31, 2023 • 30min

Comstock Zombies

19th century "zombie" laws are shambling into the abortion debate. The Comstock Act of 1873 made it illegal to send “obscene, lewd or lascivious,” “immoral,” or “indecent” material through the mail. Does that include abortion pills?Comstock Zombies 
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Apr 4, 2023 • 27min

On the Eve of Trump's Arraignment

On April 4th (that’s tomorrow as I record this) former President Trump is expected to be arraigned in a Manhattan court room. He was indicted by a New York grand jury last week but the exact charges against him remain unknown until he appears in court. On Thursday last week, Elizabeth Joh and I recorded an episode all about the Manhattan District Attorney’s investigation into Trump’s alleged hush money payments and the New York grand jury deliberations. About an hour after we finished that recording, the grand jury indictment was announced. All the reporting so far has indicated that the charges and circumstances around the alleged crimes conform to everything we discussed on March 30th last week, so I thought releasing this was still valuable even though it’s a developing story.
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Mar 17, 2023 • 24min

Lies, George Santos, and the 1st Amendment

New York's 3rd Congressional District elected a newcomer named George Santos in November of 2022. Since the election, it was revealed that Santos lied about nearly everything on his resume. What does the Constitution say about lies, punishing lies, and  punishing someone who lies to get elected? Time to find out!
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Feb 10, 2023 • 34min

Weddings, Websites, and Forced Speech

It’s been established law that it is wrong for businesses to discriminate against customers because of their race or ethnic background, but what if a business owner refuses to serve someone because of their sexual orientation? And what if that business owner asserts that serving a gay customer violates their first amendment rights?
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Nov 27, 2022 • 31min

The War Between the States

How the Dormant Commerce Clause tries to stop states from passing laws that put an undue burden on interstate commerce and what that means for states that wish to forward specific ethical agendas. Plus, what's going on with student debt relief: who filed a lawsuit against it and why.
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Oct 22, 2022 • 33min

Trump's Bet on Cannon

When the FBI executed a search warrant on his home, Trump and his lawyers filed their complaints in a district where they thought they’d get sympathetic treatment from Judge Aileen Cannon, who Trump appointed. The assignment of a particular judge is not up to Trump, but in this case, he got lucky, and Cannon was assigned. How did Trump’s gamble on getting his case in front of Judge Cannon work out? Let’s find out.
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Sep 10, 2022 • 37min

The Mar-a-Lago Warrant

The official court order that permitted the search of Mar-a-Lago was made public, and even though much of it was redacted, there is a lot of information about what the government was looking for and which crimes the DOJ are investigating .

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