Amarica's Constitution

Gerrymandering, borders, the use of the military on US soil, and even the status of the District of Columbia.  All these relate to geography, and the "more perfect union" our founders sought.  The Constitution therefore speaks to all these issues, and originalism must be considered.  We look at what the Constitution has to say, why it says these things, and what the underlying principles tell us.  This has obvious implications for today's questions, but without clarity on the historical background, confusion may reign, which aids those who might be in the wrong.  It's timely in another way, because the forthcoming Born Equal addresses many of these geographic questions - because Americans in the 19th Century, including Lincoln most prominently, thought about them prominently.  Professor Amar brings it together for you.  CLE credit is available for lawyers and judges from podcast.njsba.com.

President Trump has taken to social media, as usual.  This time he asserts an authority to control elections through executive order.  He claims that he is empowered to do this as the sole representative - nay, the sole decider - of the nation’s interest.  We look to the constitution for a reply. He also echoes some election complaints, and election claims, from controversies past, and we have an answer there, as well.  Meanwhile, the publication date of Born Equal, Professor Amar’s new book, draws near, and we have an enticing offer for our listeners.  CLE credit is available for lawyers and judges at podcast.njsba.com.

With all our recent discussion on Skrmetti, and questions of scrutiny as applied to gender dysphoric individuals, the question of where women’s rights stand in this morass deserves new attention.  Professor Jill Hasday has written an important book, We the Men, which is deeply relevant to these discussions.  To what extent does inequality persist in the law?  When Courts seek to answer this question, they often cite the great progress that has been made.  Professor Hasday hypothesizes that this very celebration of progress tends to obscure the remaining issues, and may in a sense pre-empt the scrutiny required.  The echoes of Skrmetti are profound, and Professor Hasday joins us for a lively discussion of these issues and many others - including that recent bugaboo, the Geduldig case, which rears its ugly head once again.  CLE credit is available for lawyers and judges from podcast.njsba.com.

Vik Amar, a Distinguished Professor of Law at UC Davis, joins the discussion on the landmark case US v. Skrmetti. They dive deep into the complexities of the law banning gender dysphoria treatments for minors, questioning if it amounts to sex discrimination. The conversation extends to transgender rights and the legal classifications that may warrant heightened judicial scrutiny. Amar and co-host Akhil articulate a unifying theory on these issues, linking them to broader concepts of equality as shaped by pivotal Supreme Court cases.

The Supreme Court’s term is long since complete, but we turn back the clock and take a deep dive into one of the major cases of the term, United States v. Skrmetti.  This case addressed questions of gender dysphoria treatment and transgender rights, but fundamentally, it was a case about the law of equality, say the brothers Amar.  Yes, Vik Amar is back as a guest, and our two experts go back and listen to the oral argument and react to the Justices and the advocates as they present.  It turns out that this is an excellent case for learning about how the law attempts to implement the equality promises of the Constitution, and you will hear the Justices engage in this action, or inaction.  Our experts add more than their take on the arguments - they have theories that go beyond anything said in Court that day or written in the opinions that followed.  This is part one of a multi-part summer treat from Amarica’s Constitution.  CLE credit is available for lawyers and judges from podcast.njsba.com.

In this engaging discussion, Michael Dorf, a renowned legal scholar and professor at Cornell Law School, celebrates the legacy of Richard Fallon, a pivotal figure in constitutional law. They explore the contrasts between originalism and other interpretive methods, shedding light on their implications in modern legal contexts. Dorf shares anecdotes from his collaboration with Fallon, emphasizing the delicate balance between individual rights and governmental authority. This tribute beautifully melds personal reflection with profound insights into the future of constitutional interpretation.

Join U.S. Representative Jamie Raskin, a constitutional scholar and leader in the impeachment inquiry, alongside author Sam Tanenhaus, who unveils the complex life of conservative icon William F. Buckley. They discuss the urgent need for bipartisanship in Congress amidst growing polarization and the delicate dance between legal responsibilities and political affiliations during impeachment. Raskin shares insights from the January 6th investigation, while Tanenhaus reflects on Buckley’s influence on modern conservatism and his legacy in shaping political discourse.

The discussion tackles the Supreme Court's handling of the birthright citizenship case and the implications of recent nationwide injunctions. Legal experts dive into the complexities of judicial decision-making, especially regarding impeachment and constitutional violations. They explore innovative legal strategies for class action lawsuits and analyze universal injunctions' impact on judicial processes. Historical context and the need for clarity in Supreme Court remedies are also emphasized, alongside significant upcoming commemorative events.

This discussion dives into a pivotal court case about inclusive books in schools, igniting debates over parental rights and religious education. The speakers tackle the tension between evolving educational standards and individual beliefs, emphasizing the need for diverse representation in curricula. There's a critical exploration of maintaining a balance between parental opt-out options and the necessity for children to encounter varied perspectives. Ultimately, they reflect on the complexities of ensuring both personal freedoms and educational integrity in a rapidly changing societal landscape.

The podcast dives into the contentious issue of presidential power in military actions, as recent bombings in Iran raise constitutional questions. It explores the War Powers Resolution and the historical tug-of-war between Congress and the presidency. Also highlighted are intriguing discussions on American independence and the implications of the Emancipation Proclamation. Listeners are treated to a unique blend of history and legal analysis, underscoring the complexities of military authority and national security in today's context.