Amarica's Constitution

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.

Professor Amar visits cities that are in the constitutional news these days:  Portland, where the military pays an uninvited visit; Salt Lake City, where gunfire continues this year’s alarming litany of political assassination also seen in Minnesota and elsewhere.  Akhil’s epic trilogy, with Born Equal now taking its place as the second volume, speaks to how our history shows us the constitutional principles at work - or not at work - in these and other happenings in our nation.  And he speaks of New Haven, where work has been and is still done that enables these lessons to be told. All this takes place during a live podcast taping at the Yale Club of New York City, with a live and lively audience that treats us, and you, to their questions and comments. CLE credit is available for lawyers and judges from podcast.njsba.com.

In this engaging discussion, Akhil Reed Amar, a Yale Law professor and author of 'Born Equal', leads a thought-provoking exploration of birth equality. Joined by Kate Shaw, a constitutional law expert, and Kermit Roosevelt, a scholar providing a critical lens on themes of continuity and rupture, the trio dives into the connections among pivotal amendments. They tackle originalism, modern judicial interpretations, and the historical context of equality, stimulating a rich dialogue with audience questions that keeps the conversation dynamic and ongoing.

Happy Constitution Day!  And Happy Born Equal Publishing Day!  The book tour is underway, and we treat you to an event held live at Princeton University.  Professor Amar speaks about the bridge from the last book to this one, and in doing so, the importance of the uniquely grand sweep of his project becomes apparent - as themes from The Words That Made Us merge crucially with the new revelations of Born Equal to shed light on some of the most important constitutional questions in American history.  The audience gets involved, too, with questions that might well be your questions.  And this is just the beginning, as some amazing events have already taken place that will fill our podcasts with debate and insight in the weeks and months to come.  CLE credit is available for lawyers and judges from podcast.njsba.com.