With rumblings around a possible Constitutional Convention around, we have noted some similarities with those issues that surrounded the recent ERA discussions.  Now we dive deeper.  Can a convention be limited to one possible amendment or some small group of amendments, or is a “runaway convention” a real possibility?  Can a state (this means you, California) rescind its previous vote calling for a convention?  Suppose there were a convention; would it be like the Philadelphia convention?  Would California be no more powerful than Wyoming in such a meeting?  In fact, there are even more terrifying implications and scenarios - and we will review them for you.  Meanwhile, we have a new Speaker of the House - for now - and the January 6th certification did take place without incident.  But many believe the Speaker’s days may be numbered, and so our review of the history behind Speaker selections in the past remains relevant - and fascinating.  That John Quincy Adams keeps showing up in the strangest places - like the presiding officer’s chair when he arguably had no business there.  What’s up with that? 

Former Associate Justice of the US Supreme Court, Stephen Breyer, shares his rich legacy and insights on the judicial system. He discusses the pressures of landmark cases like Bush v. Gore and the challenges of maintaining public trust in the judiciary. Breyer delves into interpretative philosophies, contrasting textualism with pragmatism, and highlights the importance of understanding legal context. With references to Montaigne and the intricacies of constitutional interpretation, he paints a vivid picture of his judicial philosophy and personal journey.

This discussion dives into the Equal Rights Amendment, exploring its ratification timeline and the recent push to certify it as part of the Constitution. Advocates argue against the legitimacy of state rescissions and emphasize historical precedents. The complexities of the amendment process unravel, showcasing the roles of Congress and the unique paths of past amendments. As the podcast reaches its fourth anniversary, listeners get a sneak peek of a special chat with Justice Breyer, promising insightful reflections on his judicial experiences.

The discussion tackles the constitutional complexities surrounding presidential pardons, especially in light of recent actions by Biden and potential moves by Trump. Key themes include the ethical dilemmas of self-pardoning and the notion of accountability in the justice system. The hosts also delve into historical examples, exploring how pardons have been used to foster unity or create controversy. Executive privilege and congressional oversight emerge as crucial elements in understanding the pardoning process and its implications in today's political landscape.

Could Republicans in the House conspire with a 2025 President Trump to manufacture a forced Senate recess in an effort to bypass the advise and consent appointments process?  The much-anticipated article in The Atlantic has been published, to widespread approval.  We proudly present all three co-authors of this article in a wide-ranging, nuanced, fascinating discussion, as Professors Josh Chafetz, Tom Schmidt, and of course Akhil Amar reunite to take us from Restoration England to the chambers of the Supreme Court where Professor Schmidt clerked for Justice Breyer, the author of the principal case on recess appointments, NLRB v. Noel Canning, in 2014.  We hear how that case has lessons, and yet is distinguished, from the scenario here, and what might happen if the contemplated maneuvers, deemed grossly unconstitutional by our experts, try it anyway.  CLE credit is available from podcast.njsba.com.

The podcast dives into the tumultuous nature of presidential transitions, particularly focusing on Trump's controversial choices for key positions. It discusses the complex dynamics surrounding a senior judge's unexpected resignation and the implications that follow. Topics also include the ethical questions raised by presidential pardons, especially concerning a recent nomination for ambassador to France. Historical parallels with Adams' presidency highlight the strategic nature of political appointments and the ongoing battle between competence and loyalty in governance.

Delve into the legal implications of Section 3 of the 14th Amendment as the Colorado Supreme Court ruled on Trump's eligibility for presidency. Discover the historical context of presidential authority with a nod to George Washington's influence. The discussion raises critical questions about accountability in government roles and examines the evolving definition of insurrection. As the nation shifts focus, the ethical responsibilities of lawmakers in voter certification are highlighted, emphasizing the need for principled evaluations amid changing political landscapes.

President-elect Trump has begun to announce his plans for his cabinet and other top appointments for January.  Unconventional is a kind word for some of them.  And suddenly, in a House where Republicans have a razor-thin majority, there is a resignation - months before it would be required.  Why?  There are conspiracy theorists for health care positions; admirers of Putin for intelligence posts; newscasters who have never managed anything for one of the largest organizations in the world.  The Constitution has something to say about some of these, and we dive in.  Suffice to say, the water is murky.  CLE credit is available for lawyers and judges from podcast.njsba.com.

A live discussion at the Yale Club delves into pressing constitutional matters. The implications of an undivided government and the challenges of the two-party system take center stage. Attention turns to unenumerated rights, invoking landmark Supreme Court cases that shape abortion laws. The talk shifts to presidential recess appointments and the potential transition of Justice Sotomayor. Finally, the evolving dynamics of federalism and state resistance highlight the delicate balance of power in America, reflecting on the Founding Fathers' intentions.

Gordon Wood, a Pulitzer Prize-winning historian, Steven Smith, a Yale political science expert, and Paul Grimstad, a literature scholar, dive into the intertwining of history and politics. They explore pivotal elections from America’s past and how they echo in today's political climate. The discussion touches on the legacy of figures like Andrew Jackson and debates around contemporary issues such as abortion. The role of social media in shaping political discourse is also examined, highlighting its effects on trust and democracy.