Episodes

  • All This Fuss About the Presidential Election - Special Guests Gordon Wood, Steven Smith, Paul Grimstad
    Nov 5 2024

    We are here early this week - for Election Day! And we bring you a panel that looks at elections, and Presidents, from American history, putting this year’s choice in perspective. Gordon Wood, the greatest historian of the early Republic; Steven Smith, an expert on political institutions, on The Federalist, on Lincoln; Paul Grimstad, authority on great American thinkers and writers like Emerson and Thoreau; and of course, Professor Amar, weigh in on all sorts of questions and aspects of this year’s crucial choice. And we have an audience for this live-to-tape podcast - an EverScholar audience - who asks questions on the mind of many. Here are perspectives you won’t gain anywhere else. CLE credit is available for lawyers and judges from podcast.njsba.com.

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    1 hr and 33 mins
  • The Sound of Silence - Special Guest Ruth Marcus
    Oct 30 2024

    It's 200 episodes for Amarica's Constitution, and we mark the occasion by bringing you a key expert for an in-depth exploration of a breaking development. Ruth Marcus, long-time Washington Post columnist, editor, Pulitzer Prize nominee, and insider, joins us to explore the inexplicable: the last-minute decision by the Post and its owner, billionaire Jeff Bezos, to withhold what would have been an endorsement for Vice President Harris for election to the Presidency. What goes on in an editorial board? What is the role of the owner? What are the alternatives for editors, columnists, and reporters? Was Bezos intimidated by Trump? What does all this mean for the nation? We have the perfect means to explore this shocker: a frank and unhurried inquiry with our friend, Ruth Marcus. What a way to mark our bicentennial. CLE credit is available from podcast.njsba.com.

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    1 hr and 21 mins
  • Constitution Things
    Oct 23 2024

    We are approaching our 200th episode and completing our 4th year of “Amarica’s Constitution,” and it seems appropriate to take stock. By coincidence, the Yale Law School is celebrating its own anniversary, and these things come together as Akhil is part of a big event and presents a “big idea” that sounds like a strange saying: “the Constitution is a thing.” We explain, elaborate, and celebrate a little bit. We look back, and we look ahead to some real excitement over the next few months (besides the election, that is). CLE credit is available for lawyers and judges from podcast.njsba.com.

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    1 hr and 7 mins
  • How to Fix - and How Not to Fix - the Immunity Opinion
    Oct 16 2024

    In Trump v. United States, we have said that the Court went far astray from the Constitution and from its duty, endangering the nation in the short and long terms. Many have shared this opinion and these fears, and reaction has been profound. In the New York Times, two law professors take up the pen and offer a number of suggestions that purport to restrain and direct the Court towards Congress’ will, assuming that Congress agrees with the authors, that is. Senator Schumer in a recent bill took a similar though not as extreme direction. We identify the flaws with these approaches, and offer an alternative that would be constitutional, and has an actual chance of being effective, based upon history and constitutional structure. We also take up some fascinating readers’ questions, including one which might matter for some overseas voters. CLE credit is available for lawyers and judges from podcast.njsba.com.

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    1 hr and 50 mins
  • Ex-Presidents: The Ex-cellent and the Ex-ecrable
    Oct 9 2024

    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.

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    1 hr and 28 mins
  • The Return of the Enemies List
    Oct 2 2024

    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.

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    1 hr and 21 mins
  • The Blue Dot
    Sep 25 2024

    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.

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    1 hr and 26 mins
  • The Devil You Know
    Sep 11 2024

    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.

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    1 hr and 39 mins