Amarica's Constitution

Akhil and Andy visit a high school in Garden City, NY, to speak with outstanding high school students about Born Equal.  In the process, we trace one of America’s great credos - “All Men Are Created Equal” - from the Founding, all the way to Lincoln - and beyond, to the fourteenth amendment; and finally to birthright citizenship and next week’s momentous Supreme Court case, Trump v. Barbara.  The students’ great questions help show the way.  CLE credit is available for lawyers and judges from podcast.njsba.com.

We’ve been mentioning the birthright citizenship case, Trump v. Barbara, and Professor Amar’s amicus brief in the case.  Now we begin to analyze it in depth.  We begin with the structure of the brief; why is it so different from most such briefs?  Why is it uniquely wide-ranging?  How can it cover many aspects of the case with a strict word limit - what is it about the way it is done that allows this when other briefs - well-executed briefs - cannot cover as much ground?  And then, what is the outline of the argument?  We also show where you can go from here; where you can find expansion and discussion beyond the brief.  Or you can come back here in subsequent weeks when we will expand on the outline of the argument presented here.  

Amarica’s Constitution has joined with two other great podcasts! We’re still ourselves, but today we bring all three podcasts together to look at a recent case, Mirabelli v. Bonta, which brings substantive due process back to center stage.  And because we are who we are, we take a look ourselves at some more aspects of - what  else? - the birthright citizenship case.  Learn what the future holds for our listeners, as we bring you what we always have, and more.  Attorneys and judges can gain CLE credit from podcast.njsba.com.

In this shorter-than-usual episode, you are now a Supreme Court clerk getting ready for the Trump v. Barbara case.  What do you do?  What do you read? We guide you. And as we think about what will happen when the argument begins, we give you a taste in this unusual episode.

The Court has ruled Trump’s so-called reciprocal tariffs unconstitutional.  Vik Amar, who offered important theories that appeared prominently in the opinion, joins us to explain the Major Questions Doctrine, why it applies to this case, and even more importantly, why it attempts to support significant structural features of the Constitution.  We pay particular attention to the concurring opinion by Justice Gorsuch, which offers the most in-depth theoretical explanation for this Doctrine and attempts to lay a foundation for its future use.  Meanwhile, the significance of the opinion as a rebuke to Trump, and as a reassertion of the Court’s credibility,  is also discussed.  CLE credit is available for lawyers and judges from podcast.njsba.com.

Ruth Marcus, longtime Washington Post columnist now at The New Yorker, offers an insider take on the Post's drastic newsroom cuts and what they mean for national journalism. Short takes cover owner-driven opinion shifts, massive layoffs and lost newsroom apprenticeship, AI's complex effects on reporting, and how a shrunken Post changes the public square.

It’s becoming apparent that the theory that Professor Amar put forth 40 years ago in a now-famous law review article, Of Sovereignty And Federalism, is being taken seriously by more and more legislatures, newspapers, and the general public. Therefore, we bring the two leading experts on this – Professor Akhil Amar, and his brother Professor Vik Amar - together to go over the background, theory, and intricacies of this important development. It’s a master class that takes you back to an earlier master class we had, on the venerable and crucial case of McCulloch v. Maryland. What does this have to do with converse 1983? You’ll find out.  CLE credit is available for lawyers and judges from podcast.njsba.com.

Steve Calabresi, law professor known for work on the unitary executive and constitutional debates, joins to discuss executive power and historical precedents. They revisit the birthright citizenship case and administrative rules. Conversation covers the sinking fund, FTC and unitary-executive clashes, court term limits, and civic virtue in republican governance.

A look back at five years of legal drama, humor, and courtroom anecdotes. Clips revisit the Trump immunity debate and Justice Breyer’s pragmatic reflections. Detailed discussion of Wolford v. Lopez, comparing gun rules to other regulated items and exploring historical statutes. Reflections on litigation strategy, clerk dynamics, and memorable on-air moments.

Celebrate five years of insightful discussions! The hosts reflect on their wild predictions and the evolution of constitutional knowledge. With guests like Jesse Wegman, they stress the importance of civic participation and understanding the Constitution. They tackle hot-button issues like impeachment, originalism, and the interplay between policy and constitutional methods. Expect bold critiques and a commitment to balanced analysis while recognizing the ever-evolving legal landscape. This promises to be a captivating journey through American law!