Amarica's Constitution

Tackling Kennedy

Our tour through the late-term Supreme Court cases now runs through the football field where Coach Kennedy sits praying on the 50 yard line.  Professor Amar calls the play - a run through the string of cases that took the Court to this point by way of Abington and progeny.  We wind up in this fact-specific case with turns and twists, and detours through the pledge of allegiance and an old Missouri case along the way.  It’s a master law school class in case analysis, and we aren’t so sure that the majority passed.

Separate or Equal

***CLE Available*** Our review of the major cases decided at or near the end of the recent Supreme Court term continues with Carson v. Makin,  The case immediately brings to mind the often-invoked metaphor of the “wall of separation” between church and state.  Professor Amar takes us back to the Founding and the origin of this meme, and in so doing, gives us an originalist analysis of the Establishment and Free Exercise clauses of the First Amendment.  By now our listeners should know the next step, as the Reconstruction must be brought in.  When we have finished looking at the text, the history, and the structure of the Constitution and its amendments, the case itself falls neatly into place.

The Long and The Short of Bruen

We continue our look at the big cases that rocked the end of the Supreme Court term.  Turning to the Bruen gun case, we see a long opinion and two short concurrences.  An ambitious, contentious opinion by Justice Thomas riled many, especially in the wake of the continuing plague of shootings around America.  We draw particular attention, however, to concurrences that may be the real news here.  And if this case indeed has great impact, is it in its short-term policy implications, or its long-term constitutional lessons - or somewhere else?  The case turns out, in Professor Amar’s “Princess Bride” view, to perhaps not mean what you think it means.

Unprecedented

The nation continues to be abuzz over the Supreme Court’s recent decisions that rounded out the term, particularly in the Dobbs case.  We take a careful look at the dissent in this case; in particular, at the various claims that it makes regarding the majority opinion and its overall approach to evaluating Roe and Casey.  We reflect on the significance of the opinion and its methodology, particularly as we look to analyze the Bruen and Carson cases in forthcoming episodes, and as a big one – the ISL case – looms in the coming year.

Special Episode - Prediction and Prescription

The Supreme Court term came to a roaring end, and we couldn’t wait a week - so here we are with an extra episode for you.  At least three huge decisions came down, and we begin to assess them.  The newspapers are ablaze with outrage and shock - but are our listeners equally shocked?  We look at the opinions through the lens of our body of work - particularly appropriate now since this marks the 1 and a half year mark of Amarica’s Constitution.  In addition to the now-final Dobbs opinion, we look at the role of Justice Kavanaugh, and how it compared with expectations and predictions.  Lots more for you in this special additional episode.

The Real Steal, Part 3 - Special Guest Vikram D. Amar

In the concluding episode of this series on the bogus ISL theory, we review the relevant cases and precedents. As is our wont, we include the “best” cases for the “other” side, and review all the arguments.  Dean Vik Amar joins us once again.  Note:  we have not ignored the elephants that have emerged from the courthouse in the past week, and a special "Extra Episode" of Amarica’s Constitution will follow later this week in addition to this regular episode.

The Real Steal, Part 2 - Special Guest Vikram D. Amar

This episode presents Part 2 of our series on the grave threat that “Independent State Legislature” theory presents to the Republic, and why it is completely, irrefutably wrong.  We welcome Dean Vikram Amar, who co-authored with Akhil their current article, about to be published in Supreme Court Review, which is already widely cited in the media and in forthcoming articles by other scholars.  This article attempts to put to rest ISL theory by showing how it is wrong from every conceivable angle of analysis.  We take up that analysis, beginning with the text, history, and structure of the Constitution, and then through an ingenious analysis of actual practice.  We have been saying that this issue is coming, and by all accounts, it’s here. 

The Real Steal - Part One

As the January 6th committee’s hearings continue, the nation is treated to recounting of wild, false claims of election fraud, and outrageous schemes which countenanced blocking or surmounting the duly conducted vote in the electoral college.  What was behind those schemes?  A so-called theory of “Independent State Legislatures.”  What’s that?  How would it further the undermining of the electoral process?  Is it still a threat?  And where did it come from?  Here’s one hint that should tell you something about its DNA:  it is in large part the residue from the notorious, noxious, nullity that was Bush v. Gore.  Professor Amar, and his brother, Dean Vikram Amar, have teamed up to head off this danger to the Republic, through a new article which is already widely acclaimed and cited.  Today Akhil and Andy (joined by Vik in subsequent episodes) begin a three-part series that will explain the threat, review the background, and then take it on squarely and decisively. 

Guns, Legislation, Uvalde, and Bruen - special guest Adam Winkler

As the nation continues to reel after the massacre at Uvalde, we are joined by Professor Adam Winkler, the leading expert on gun policy and gun laws, who takes us through the range of the possible when it comes to gun legislation.  What might Congress do, what are the limitations, political and constitutional, and what is the significance of the upcoming Supreme Court decision in Bruen?  Professor Winkler also offers a primer of sorts on the terminology and landscape of this highly contentious, highly fraught area of law and policy and a crucial time.

After Uvalde - What?

The nightmare of gun violence haunts America today. What can be done? So many Americans are aghast at assertions of gun rights in the face of absolute evil. It seems incomprehensible.  Our job it to render this domain legible, navigable, and at least potentially solvable. We begin in this episode with a review of the Constitutional landscape of rights in general, gun rights in particular, and we put an imminent Supreme Court decision on carrying arms in perspective. We also preview our next episode, which will feature an important guest who will do much the same clarification of the legislative world we will soon enter.