Amarica's Constitution

The discussion dives into the Supreme Court's potential overruling of Humphrey’s Executor, as Chief Justice Roberts labels it a 'dried husk.' The hosts explore how the evolving role of agencies has changed since the founding era and the implications for modern governance. Justice Thomas' push for originalism raises questions about accountability versus independence in administrative bodies. A thrilling debate unfolds over single-head czars versus multi-member commissions and their constitutional ramifications, highlighting the tension between historical practices and contemporary politics.

Secretary of Defense Hegseth is making use of his sights.  He is focusing at times on Senator Mark Kelly, seeking to wreak havoc upon him for his utterances which have angered Hegseth’s master.  Meanwhile, purported drug smugglers have found Davy Jones’ locker at the order of Hegseth, it has been reported, including those left helpless after initial lethal strikes.  Yale Professor and Bancroft Prize winner John Fabian Witt joins us to help us make sense of the international law and laws of war issues here. Meanwhile, your poor co-host, Andy, is subjected to a Socratic barrage at the hands of a Kingsfield-like Professor Amar, as the relentless logic - or is it illogic - of Hegseth’s actions run into a Constitutional wall.  This is an entirely new, and entirely irresistible analysis; it’s Professor Amar at his best. CLE credit is available for lawyers and judges from podcast.njsba.com.

Events in the news once again intersect with Professor Amar’s past work, as a little-known aspect of a clause in the Constitution has surprising relevance to the President’s fire-breathing response to a video from Senators and Representatives reminding our military and other officers of their lawful obligations. We trace other constitutionally newsworthy developments, on the filibuster and on the unitary executive.  And the Born Equal tour continues, with some interesting reflections on the genesis and rationale for some interesting aspects of the book.  CLE credit is available for lawyers and judges from podcast.njsba.com.

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.

The economy, trillions of dollars, and consequences unknown are on the line in the tarrifs case, Learning Resources v. Trump.  We present the justices and the advocates in their own voices from the oral argument, and Akhil reacts in real time as he hears the clips for the first time.  It’s a three hour argument, so this is the first of a two-parter.  The Court’s recent doctrines, including major questions and non-delegation are in play, perhaps, and therefore many are watching this case closely for consistency vs politics in the Court itself.  And of course there’s history and constitutional issues at stake, so we are right at home.  Join us! CLE is available for lawyers and judges from podcast.njsba.com.

California.  Meanwhile, the tariff case is about to come before the Supreme Court for oral argument.  So it’s timely indeed that Vik Amar joins us with expertise on both topics.  In fact, Vik has submitted an amicus brief in the tariff case. The “brothers in law” take us deep into the gerrymandering world, the major questions doctrine, and we also pause to reflect on the career of former Vice President Cheney who passed away this week.  Insights galore await.  CLE credit is available for lawyers and judges at podcast.njsba.com.

Gordon S. Wood, a distinguished historian of the American Revolution and author of "The Radicalism of the American Revolution," joins the discussion on pivotal events from 1775–1776. He explores the significance of the Declaration and its evolving role in American history. Wood emphasizes the birth of abolitionism in Philadelphia, examining its roots in religious movements and revolutionary rhetoric. The conversation also critiques contemporary interpretations like the 1619 Project, highlighting the enduring impact of the Revolution on future abolition efforts.

The President and CEO of the National Constitution Center, Jeffrey Rosen, joins us for a timely discussion of his new book, The Pursuit of Liberty. The relevance to today’s dilemmas is matched only by the fascination of the deep historical analysis and amazing characters the book unearths.  In the differences that separated Hamilton and Jefferson, Professor Rosen finds the genesis of a divide that he maintains has informed most if not all of American constitutional history.  Centralized power versus states’ rights; industrial centers vs rural life; a robust protest culture vs governmental support, and more.  We are honored to celebrate publication (today!) of this important book with its distinguished author.  CLE credit is available for lawyers and judges from podcast.njsba.com.

As we continue to wade into the Supreme Court term, developments are taking place in several cases we are following. Professor Amar’s students are making constitutional news all over the place, it seems; several of them have converged on the tariff case once again, as well as now the unitary executive issues.  A new article made a splash, and it prompts us to harken back to an old one - a 1996 article by Professor Amar, in fact, which has new and possibly crucial relevance.  We begin to address some of these matters as this broad landscape takes us on legal travels that we can only begin to traverse.  CLE is available for lawyers and judges from podcast.njsba.com.

Tarrifs may be Trump’s favorite word, but it remains to be seen if he has the authority he claims to employ them.  The Supreme Court will hear oral arguments in November, and ahead of this, Professor Amar takes you inside the argument.  He offers the history and takes us through an originalist approach, a textual approach, a structural approach, a precedential approach, and presents the case as an advocate might.  Listen to a possible amicus brief in the making; a potential opening argument in outline and in any case, arm yourself with an understanding of the issues in this conceivably momentous case.  CLE credit is available for lawyers and judges from podcast.njsba.com.