Amarica's Constitution

10 years after Professor Amar wrote, with Gary Hart, on how the Senate can put an end to the filibuster, it remains (mostly) in place.  Akhil and Andy take you through the long history of this notorious practice, from the pre-Constitutional theories and practices, through the many misdeeds of the post-Civil War and 20th century periods, to today where the filibuster looms large but also is threatened with extinction.  Professor John Fabian Witt joins the conversation with unique insights into the origins of the “modern” filibuster, how it was employed to thwart anti-lynching as well as major civil rights legislation. What is now rule 22 (“catch-22”) is not so entrenched, not so consistent with the Senate’s mission, as many have thought.  Thanks again to EverScholar (everscholar.org) for sponsoring “Amarica’s Constitution.”

Akhil and Andy welcome “the greatest reporter of all time” - Bob Woodward - to Amarica’s Constitution.  Fresh off his 19th book and 14th number one best-seller, “Rage” - having reported on nine presidents - a discussion of the Presidency would seem to be in order.  Anecdotes and insights flow, and Akhil even gets in some queries on the Supreme Court.  Remember Butterfield and the tapes?  Here's a revelation about Woodward's own records.

"Amarica's Constitution" welcomes our guest, Professor Michael Gerhardt, who pulls himself away from his work as Congress' go-to expert on the impeachment to share a postmortem with us from the inside.   He should know - he was retained by the presiding officer, Senator Leahy, as counsel for the impeachment.  His new book, "Lincoln's Mentors," is out, and we can't ever resist a Lincoln discussion.  Andy and Akhil  have been teasing about EverScholar - today they let us know what all the fuss is about; see for yourself at everscholar.org. 

Andrew Jackson takes the stage in this, the fourth of four sets of readings from Akhil’s forthcoming (May) book, “The Words That Made Us.”  Jackson’s complex makeup, combining qualities from Washington and Jefferson, is revealed, and his status as America’s first truly Western president is explained, as is the shadow that his utter failure on slavery casts. Still, his championing of Union is one of the great Constitutional episodes of the early Republic, and Akhil gives a vivid description of this, the Nullification Crisis.  Somehow this leads to the insight that The Crown is like The Godfather.  Go figure. The podcast is sponsored by EverScholar (everscholar.org), where a few spots remain for an amazing, immersive learning experience in Greece this August.

As “The Words That Made Us” approaches its May release, we continue to explore new perspectives on the early Presidents.  Akhil’s disillusionment with Jefferson is explained, and the rise of the third President’s cousin and near-usurper makes for some surprising moments.  We return to the visual for examples of particularly blatant painting propaganda, and a future guest makes a cameo.

We continue “Presidential Month” with the second set of readings - this time on Jahn Adams - from the forthcoming (in May) “The Words That Made Us.”  Adams’ unique combination of bombast, verbosity, grandiloquence, ubiquity, and insecurity, makes him an author’s dream.  It also left him extraordinarily thin-skinned, and the notorious Sedition Act was the result. Akhil and Andy take a grand tour of Adams’ constitutional misadventures.

Akhil’s new book, “The Words That Made Us,” will be available in May.  This widely anticipated tome has already garnered a starred review from Kirkus Reviews.  In this episode Akhil provides a preview, with reading and commentary from Chapter 7 - “Washington.”  Although all Americans know that Washington was the first president, they may not know quite why the first American electors elected him unanimously - twice.  Akhil provides a reading, and Andy and Akhil discuss.

How does Akhil dislike the Presidential Succession Act?  Andy tries to count the ways.  This Constitutional disaster-in-waiting is definitively dissected.  We could have had President Pelosi being sued by would-be President Pompeo, with your 401k turning into a 201F. Show notes on the website include the three incarnations of the Act since the Founding, and some tips on counting from the experts.

The many dangers of the lame duck that gave rise to our "Bullets Dodged" series raise the question - do we really need a lame duck period at all?  Akhil and Andy recall the "secession winters" of the past and how 2020 shared aspects of all of them; and of course, we have suggestions for how to solve it.  As for Lisbon, this is not the first episode of ours that references "Casablanca..."

Philip Bobbitt is a top academic expert on Impeachment.  He has led the lonely chorus of those who have maintained that Trump’s second impeachment trial is unconstitutional, since it takes place when he is no longer President.  Akhil and Professor Bobbitt debate this and other points crucial to the trial - with surprising results. News flash: opinions change, and consensus is nearer.  One can only wish the Senate had similarly open minds.