Amarica's Constitution

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.

Former Justice Breyer returns to Amarica’s Constitution with reflections on his long-time colleague and, yes, his friend, in a rare opportunity to hear about relationships on the Court.  Meanwhile, former Souter clerk and current Professor at Penn Carey Law School, Kermit Roosevelt, looks back on the clerkship as well as at the threads that have emerged in the law and in his career from Justice Souter’s insights and methodology.  And Nadine Strossen, long-time president of the ACLU as well as dear friend to Justice Souter explores many of the first amendment and other cases that Justice Souter had profound things to say, often in dissent.  This is a powerhouse episode, but a tender one.  CLE credit is available for lawyers and judges from podcast.njsba.com.

The recent Supreme Court rulings have sparked intriguing discussions on gun rights. The Snow v. Brown case highlights the ongoing complexities surrounding the AR-15 ban. Delving into Second Amendment interpretations reveals a historical evolution that's particularly relevant for marginalized groups. The debate on firearm classifications and regional legislation adds another layer of conflict. Insights into Justice Souter's legal legacy and the media's influence on judicial perspectives make for a riveting exploration of these pivotal issues.

Trump says he will no longer take advice from the Federalist Society, and Leonard Leo in particular, for judicial nominations.  The criteria he will use instead appear to be cause for great concern, and we discuss this. Meanwhile, the Senate is poised to bypass the filibuster for more than judicial nominations, which calls for an analysis that we provide.  And the publication this week of Charles Sumner: Conscience of a Nation brings its author, Zaakir Tameez, onto our podcast to speak to Sumner’s enduring relevance.  CLE credit is available for lawyers and judges from podcast.njsba.com.

This past week, the Supreme Court issued stays of injunctions which lower courts had issued, those injunctions blocking the firings of officials on statutorily independent agencies.  In doing so, the Court may have pointed to an imminent overruling of Humphrey’s Executor, possibly removing existing limitations on the unitary executive theory.  At the same time, the Court moved to protect the Federal Reserve, or at least markets’ perception of the independence of that crucial Board.  Several justices reacted strongly, led by Justice Kagan, who found fault not only in the ruling regarding the injunction, but in the behavior of the President in bringing this case on in the first place.  We take a deeper look at these controversies.  Meanwhile, the Court deadlocked in a religious freedom case, and surprisingly, we see a connection between these two events.  And some other tidbits, as well.  CLE credit is available for lawyers and judges from podcast.njsba.com.

Dive into the heated legal debate surrounding an executive order on birthright citizenship. Discover the complexities of nationwide injunctions and their constitutional implications, particularly in light of the 14th Amendment. Hear insights from Justices and attorneys as they dissect courtroom arguments and historical precedents. The discussion explores the judiciary's balance with executive authority and the urgent need for clarity from the Supreme Court. Join the conversation on the future of citizenship rights in America!

Join Dean Heather Gerken, a prominent law professor at Yale, and Judge Kevin Newsom, a U.S. Court of Appeals judge, as they share heartfelt reflections on Justice David Souter's legacy. Both former clerks for Souter, they discuss his profound influence on their careers and the legal world. The conversation touches on Souter’s commitment to judicial humility, his mentoring style, and how his unique character shaped modern jurisprudence. Their personal anecdotes reveal why Souter is revered as one of the greats in American history.