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Amarica's Constitution

Latest episodes

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Oct 5, 2021 • 1h 17min

Adams or the Dog - Special Guest Edward Larson

The academic year is underway, and Professor Amar’s crazy teaching schedule, as usual, includes co-teaching with some of the greatest constitutional scholars in the nation.  This semester Akhil is joined by Professor Edward Larson, whose amazingly wide range includes a PhD in History of Science in addition to his Harvard Law degree. So it is not surprising that as Professor Larson joins us for this episode, our discussion of George Washington ventures into GW the scientist.  And speaking of scientists, Ed Larson also wrote a book on GW and Benjamin Franklin - was this an odd couple as it might first seem?  We also take another shot at the James Madison vs. GW question while we’re at it.  Oh, and religion shows up as well.
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Sep 29, 2021 • 1h 21min

Basically Random

Our look inside the literary world continues. So many of us are aspiring or perhaps would-be authors, but what is really involved, and can we really join that world?  Akhil takes you through the many and sometimes surprising corners of this sphere, which is far more intricate than one might think.  His personal route was not quite as smooth as it might seem, and the story of his move from a very successful book to another publisher, told here for the first time, is quite revealing of the milieu and the man.
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Sep 22, 2021 • 1h 24min

Empire of History - Special Guest Gordon S. Wood

It’s fitting that our recent discussion of how authors and their books are realized is followed this week by a discussion with the finest example of a historian, Gordon Wood.  We explore his new book, “Power and Liberty: Constitutionalism in the American Revolution;” locate it in the amazing arc of Gordon’s peerless career, and then conduct a lively discussion of what at first glance seems a clear disagreement between Akhil and Gordon:  who was the “father of the Constitution?”  The conclusion may surprise you.  Finally, our historical and constitutional titans address an area of ongoing controversy surrounding the American Founding.
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Sep 15, 2021 • 1h 35min

Literary Labyrinth

It’s Constitution Week, and Akhil is “booked;” not only with events of the week, but on his book tour.  Our series on scholars, schools, and scholarship resumes, then, with a comprehensive look at the entire ecosystem of books.  What is the author’s process, and what happens after a book is written?  How does a book, and an author, gain authority in a world of ubiquitous social media?  And how does this take us to discussions of the Fifth and Sixth Amendments?  We all believe we have a book in us, so this inside look speaks to all.
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Sep 8, 2021 • 1h 43min

The Ayes and Nays Upon Texas

Texas has brazenly - or boldly, depending on your point of view - thrown down a gauntlet on abortion with their new law purporting to ban abortions once a fetal heartbeat can be detected.  The Supreme Court refused to hear a challenge to the law prior to its effective date, so the nation holds its breath wondering where abortion rights, long treasured by many, will head.  Meanwhile, the law deputizes the citizenry and takes enforcement out of the hands of state officials.  What’s going on?  Is this vigilantism?  Is this a rogue, unconstitutional adventure?  Is Roe v. Wade dead already?  Professor Amar is your guide to what is really happening.
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Sep 1, 2021 • 1h 34min

A Friendly Judge

Suppose there is a controversial issue of constitutional law.  Where does one go for authoritative exposition? We continue what is essentially a discussion of expertise and authority.  How do you know whom to trust?  Who has the right answers?  How might we go about finding out these things?  We continue to look at these questions in several arenas:  scholars, scholarship, and schools.  Interesting sidelights abound, as usual, and a Friendly detour finds an unusual consensus in the “who’s the best” category.
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Aug 25, 2021 • 1h 50min

Sabermetrics for Lawyers

What do Willie Mays and Laurence Tribe have in common?  Andy and Akhil start with an Amar citation from Clarence Thomas in a case last term and branch off into a discussion of scholars’ rankings, the fourth amendment, legal realism, scholarship and schools, books vs. articles, and a dizzying array of other topics.  This potpourri launches a series on the inside of the academic world as well as a look at the recently concluded SCOTUS term.
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Aug 18, 2021 • 1h 37min

Confirmation Cacophony

We return to our look at all the sitting Supreme Court justices with the final two - Justices Kavanaugh and Gorsuch.  This necessarily involves revisiting the confirmation process, particularly in the case of Justice Kavanaugh, where Professor Amar played a role in print and in the witness chair.  How have the first years of his tenure, along with Justice Barrett’s, played out in light of some of the events of those confirmations?  The early returns are fascinating.
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Aug 13, 2021 • 1h 22min

Neal Katyal's Life in the Law, Part 2 (Special Guest)

Neal Katyal, now at the peak of the Supreme Court bar, reviews many of the big issues the Supreme Court will face in the new term, as well as some just past.  Abortion, affirmative action, and cases involving a tension between legitimate governmental action and religious organizations are all discussed from the unique perspective of this remarkable litigator, professor, author, and television commentator.
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Aug 3, 2021 • 1h 36min

Neal Katyal's Life in the Law, Part I

After teasing it for months, Neal Katyal, perhaps our nation’s finest Supreme Court advocate, joins Amarica’s Constitution.  The dramatic rise of a truly great lawyer is a fascinating story, including the case that launched Neal into Supreme Court practice - Hamdan v. Rumsfeld.  Later he would become Acting Solicitor General and then move into John Roberts’ old chair as the head of the Supreme Court appellate office at Hogan Lovells, Georgetown Law Professor, nationally-known media personality, author including sometimes co-author with Professor Amar, and even a TV actor. There’s too much to tell in one episode, so Neal will return next week for analysis of some of today and tomorrow’s most compelling legal issues.

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