Amarica's Constitution

Legal expert Vikram Amar discusses Judge Cannon's dismissal of the Trump documents case, critiquing her arguments and highlighting key points ignored. The podcast also covers resignations, Biden's proposals for Supreme Court reform, and upcoming programs on China and South Asia. Plus, insights on dicta in legal decisions and strategies for presidential successions.

President Biden is hearing calls from many quarters to step down as a candidate.  Donald Trump is shot. Questions of presidential succession and/or resignation abound.  While it may seem these are unique and strange situations which the American republic has never faced, in fact, resignation has been a key American issue for centuries.  Episodes well-known, and others rarely taught, are reviewed on our podcast this week, providing context and counsel for our listeners, and hopefully for the candidates themselves.  The path to Mount Rushmore may take a turn away from the Oval Office, it turns out.  CLE credit is available for lawyers and judges from podcast.njsba.com.

Professor Amar critiques the Supreme Court opinion in Trump v. US, highlighting its flaws and abandonment of originalism. The discussion explores the implications of presidential immunity, the role of motives in impeachment, and the dynamics of judicial power in controversial court opinions.

In an exhausting week, the Court released a number of long-awaited cases, and we had a consequential presidential debate. We look at several cases that many believe have profound implications for the administrative state; the opinions in SEC v. Jarkesy, and Loper Bright v. Raimondo clearly have the effect of increasing the role of courts and juries, among other things. We look at the opinions, the underlying themes, and the impact.  Meanwhile, following the debate, questions of presidential succession of several types, and of the vice president, are everywhere; these happen to be areas of Prof. Amar’s expertise, and so we address them. NOTE: The Presidential Immunity case, Trump v. US, came down after we taped this episode; we have some early but important resources for you on this as well.  CLE credit is available from podcast.njsba.com.

As the end of the term approaches the deluge of major cases has begun.  Two big cases - the eagerly awaited sequel to the Bruen case - Rahimi - features an orgy of originalist theorizing and opining.  Meanwhile, in Moore v. US - a case where Professor Amar and his team had an amicus brief - the tax power was upheld, but reading the opinion one might wonder if the same Court had sat for this case.  We take a look at the opinions and give our own take on these impactful cases, even as we brace ourselves for many more in the week or so to come.

The podcast delves into student protests, historical protests in Boston, Supreme Court cases, and the bump stock gun case. They explore civil disobedience, fair trials, student activism, legal standing, constitutional law, and statutory interpretation. The host reflects on the lessons from the American Revolution and challenges the Court's opinions on standing issues. CLE credit is available for listeners interested in legal topics.

The Court is taking its time on major opinion, which gives us a moment to turn to other matters.  Ethics remain in the news; the Court’s annual financial disclosures contain a number of surprises - maybe not so surprising.  There’s a lot to say there, and we have some proposals to improve the situation.  President Biden takes a position on a pardon, and we take a position on that.  Our listeners continue to provide great input on an ongoing conversation, and we take it seriously.   CLE is available after listening from podcast.njsba.com.

The verdict is in: guilty x 34.  A jury of Trump’s peers had its say, but the ex-president couldn’t leave it at that, of course.  On the legitimate side, the appeals are expected to begin soon.  On the Trump bombastic side, he blasted every institution in the legal system for having the audacity to do their duty.  Particularly in the case of the ordinary citizens of the jury, this bears examination, and so we do.  We also preview some of the likely appellate issues, lay out the expected path through the courts, and take some interesting listener’s questions.  CLE is available after listening at podcast.njsba.com.

The nation has been riled by campus unrest surrounding events in the Middle East.  Terms like “freedom of speech,” “academic freedom,” “right to protest,” “conduct vs. speech,” and issues of hate speech, offensive speech, safety, and more have arisen.  We start our look at this situation where we always begin: with the Constitution.  This episode aims to lay out the history, background, constitutional provisions, interpretations, cases, and overall approach to these matters, so we can then look at what is actually happening and be in a position to offer opinions and possible prescriptions. CLE credit is available after listening by visiting podcast.njsba.com.

Exploration of the ethical implications of Justice Alito's response to controversial events, including his wife's actions. Delving into judges' involvement in political issues and the delicate balance of judicial impartiality. Analyzing the controversy surrounding a specific flag displayed by a Supreme Court Justice and the impact on community reactions. Neighborhood conflicts and legal education credits, along with discussions on interpreting symbolism and navigating political expressions in judicial settings.