Amarica's Constitution

The Supreme Court has, through its recent follies, managed to bring the status of ex-presidents into the spotlight.  How appropriate, then, that perhaps America’s greatest ex-president reaches a milestone this past week:  Happy Birthday, President Carter.  The ex-presidents, it turns out, have told a myriad of stories through the centuries.  America largely avoided succession crises until recently, but as far back as Alexander Hamilton, the potential for mischief was seen and feared.  Professor Amar, one of the few who have studied ex-presidents in any detail, treats us to a master class in this unusual but suddenly vital group of Americans. CLE credit is available from podcast.njsba.com.

Donald Trump continues to spout inflammatory rhetoric; he has compounded his talk of being “a dictator on day one” with an intention to conduct a “purge” with extreme violence allowed, again allegedly for one day.  All this makes one expect that he will not back off his first-term tendency to take an authoritarian posture regarding the Justice Department. The New York Times ran an article presenting new and thorough look at Trump and the Dept in his prior term, and we analyze.  We also take more of your election-related constitutional questions. CLE credit is available from podcast.njsba.com.  

Nebraska is no flyover state; its unusual electoral vote structure puts Omaha’s one electoral vote up for grabs - both as a contest for votes, and a legislative battle to possibly restructure Nebraska’s election law.  We tell an originalist story form the early Republic that surprisingly echoes some of the issues in today’s situation. Meanwhile, other types of blue dots, and how the right to travel and to reside where one wishes can play a role in the election.  We also try to proactively refute the inevitable accusations to come from predictable sources on these matters.  CLE credit is available for lawyers and judges from podcast.njsba.com.

The New York Times looks at the Constitution as an allegedly anti-democratic, divisive, secession-promoting document.  They bring authority to bolster their case in the person of the Dean of the UC Berkeley School of Law, Erwin Chemerinsky.  We take a close look at this article and the arguments it employs.  This takes us to the center of the Constitution’s purposes, of course to questions of originalism, as well as an analysis of what sort of democracy the Constitution protects, and what sort it might protect against. CLE credit is available for lawyers and judges from podcast.njsba.com.

It’s time for your questions, and having a great audience means there are so many fascinating directions to go.  A Canadian listener tells of how a non-originalist purpose-oriented approach to constitutional law works for them - why not in the US?  We go in a different direction when we consider the wisdom of increasing the size of the House of Representatives.  Still another asks about whether the presidential immunity decision has undermined some fundamental aspects of criminal law, not to mention one of the Court’s greatest moments - the Nixon tapes case.  Keep those questions coming!  CLE credit is available for lawyers and judges from podcast.njsba.com.

Ruth Marcus, a sharp Washington Post columnist, dives into the intriguing world of political legacies and constitutional themes. She analyzes RFK Jr.'s surprising endorsement of Trump and its familial fallout. The discussion also critiques Senate Majority Leader Schumer's proposed legislation responding to Trump's immunity opinion. With a nod to political dynasties, they explore the tension between familial legacies versus merit in elections, emphasizing the need for principles over opportunism in political endorsements.

Professor Amar, a prominent legal scholar, discusses the Supreme Court's surprising trend of overruling the Fifth Circuit, exposing its implications for judicial integrity. He explores the historical context of judicial structures and contrasts them with the ideological influences driving today’s rulings. Amar also critiques past behaviors of various circuits, including the liberal Ninth Circuit. The conversation exposes the tension between judicial independence and accountability, raising essential questions about potential reforms in a polarized legal landscape.

Professor Amar, a legal scholar renowned for his insights on constitutional law, presents an innovative proposal for 18-year term limits for Supreme Court justices. He delves into the constitutional implications and the critique surrounding this plan, aiming to enhance governmental effectiveness without altering the Constitution. Amar also discusses how this reform could lead to improved collaboration among justices, the significance of clarifying legal terms, and the role of emeritus justices in court dynamics, inviting audience input for further refinement.

The 2021 Biden Commission on the Court has now led - with a big “assistance” from the Court itself - to President Biden’s own plan for Court reform. It is sketchy in many ways, but is entirely consistent with Professor Amar’s long-held views on 18 year active terms for Supreme Court justices, though the President’s proposal lacks the detail of that plan. This is unsurprising in a way since Prof. Amar testified before that Commission.  There are other related plans in proposed statutes that lie in committees of the House and Senate.  We consider the features of all, the flaws we have diagnosed, and we also have some commentary on some other aspects of the President’s proposals, including a possible constitutional amendment.  Lots to consider this week!  CLE credit is available for judges and lawyers from podcast.njsba.com.

Join Barack Obama, the former President known for his impactful policies, and Edmund Burke, the 18th-century statesman and philosopher, as they discuss President Biden's withdrawal from the race. They explore the implications of stepping aside, the complexities of the 25th Amendment, and challenges facing political succession. The conversation highlights essential leadership traits, critiques of originalism, and the potential for future judicial reforms. They also touch on the evolution of vice presidencies and the importance of bipartisan collaboration.