Amarica's Constitution

Debate on Trump's disqualification, importance of 14th Amendment enforcement, provisions as swords and shields, criticism of trial judge's findings, misinterpretation of Cohen's case, expectations for enforcing restrictions on insurrectionists, inconsistency in 14th Amendment Section 3 interpretation, irrelevance of McKee, challenges of accelerated briefing schedules, correcting mistakes in legal practice, challenges of applying originalism, importance of disseminating legal knowledge in society.

Explore the upcoming Supreme Court oral arguments in Trump v. Anderson and the compelling history in the amicus brief. Learn about the parallels between ex-President Trump's actions and the concerns of the framers of the Fourteenth Amendment. Delve into the motivations and figures behind the drafting of the amendment, with a focus on John B. Floyd. Discover the enduring lessons of the 14th Amendment and its application to Jefferson Davis and Trump. Analyze conflicting rulings and disqualification based on Section Three of the Constitution. Also, learn about opportunities for legal education and the importance of proper citation.

Discover the dramatic story of the 'First Insurrection' and its relevance to the Fourteenth Amendment. Explore the parallels between the 1860s insurrection and the recent Trump-fueled insurrection. Delve into the concept of the 50 state solution and the role of Congress. Uncover the controversy surrounding justices and access to deliberations. Explore the actions of Floyd and the heroism of Ulysses S. Grant in relation to the 14th Amendment.

The months of discussion of Section Three on Amarica's Constitution now make their way to Washington, as cert has been granted in Trump v. Anderson.  Amicus briefs will pour in - including the brothers Amar's brief.  We present some of the approach the brief will take, and we look at the nine Justices, taking account of their jurisprudential history and styles, and discuss how an intellectually honest brief-writer can make their best arguments even better by considering how their readers will read them, and what might be most useful to provide to those readers.  It's not quite "handicapping" but it is insightful, as all America is wondering if this case might actually result in the removal of Donald Trump from Colorado's primary ballot, and eventually possibly more states' ballots as well.  It has come to this.

Analyzing Section 3 of the 14th Amendment, potential Supreme Court review of Trump's eligibility, 50 state solution, ballot access requirements, comparing Colorado case to earlier cases, consequences of excluding Trump from the ballot, critiquing an interpretation of the 14th Amendment, discussion on Professor Moyn's article and Ruth Marcus's argument, interpretation of the Constitution and state power, involvement of Supreme Court, analyzing arguments on the 14th Amendment, presidential commissions and constitutional language, analyzing the ongoing issue of officer business.

The Colorado Supreme Court opinion on disqualifying Donald Trump, though long anticipated, landed like a tornado.  Op-eds, pundits, academics, officials - all are weighing in.  It’s a victory for democracy - no, it’s antidemocratic.  Section Three is a dead letter - no, it’s self-executing.  Trump is out - no, this helps him.  America is reaffirmed - no, there will be violence in the streets. Liberals are split; conservatives are split.  What will the Supreme Court do?  Spend some time with Amarica’s Constitution and we will help you make sense of it, and we will present the best and worst arguments out there.  And - get some CLE for your trouble!  Visit podcast.njsba.com after listening.

The administrative state is up for grabs, some say, in the case of SEC v. Jarkesy, which was argued before the Supreme Court recently.  We have another “clip” episode, with Akhil weighing in on attorneys and justices alike.  It’s particularly appropriate in this case, because so much of the case concerns juries and the 7th amendment - which, by the way, Akhil has written extensively on.  That’s probably why he’s cited in so many of the briefs.  We also heard some noise out of Colorado, by the way.  CLE credit is available for this episode from podcast.njsba.com.

Special guests William Baude and Michael Stokes Paulsen, leading experts on Donald Trump's disqualification under Section 3 of the 14th Amendment, discuss the arguments made in court and in the media. They cover topics such as confirmatory evidence, interpretation of Section 3, critiques of enforcement, understanding departmentalism, the nature of law and constitution, risks of political retaliation and violence, disqualification vs punishment, the psychology of judges, judicial restraint, the importance of judges ruling on cases, and the extent of Supreme Court authority.

There is no shortage of tributes to the just passed Justice Sandra Day O’Connor, and rightly so, and this first female Justice richly deserves praise and memory.  We aim to offer a tribute by taking her seriously as a Justice of ideas as well as the frequently mentioned deeply human remarkable woman she was. Fortunately, Akhil’s career has been intertwined with Justice O’Connor’s in a remarkable back-and-forth of ideas, cases, refinement, and legal innovation, so our perspective is a deeply informative one.  Among other things, we look at the 10 most significant areas of jurisprudential impact in this remarkable but somehow underestimated to the end titan. CLE credit available after listening from podcast.njsba.com.

Donald Trump’s disqualification for the Presidency under Section 3 of the 14th Amendment is on the docket for the Colorado Supreme Court next week.  We have brought the two leading experts on the history of this clause to our podcast. They have written extensively on the 38th-40th Congresses who passed and first acted under the amendment; on John Bingham, the “James Madison” of the Fourteenth; and they continue to provide pertinent historical details on almost a daily basis.  Professor Magliocca testified in the District Court hearing on this.  Suffice it to say, then, that the best arguments on both sides will be aired here first, before they are heard in Colorado, and you will be the judge today.  CLE credit available at podcast.njsba.com.