Amarica's Constitution

Tinker to Amar to Strossen - Special Guest Nadine Strossen

In the wake of the publication of The Words That Made Us, Akhil comes full circle, as his first book was The Bill of Rights.  To complete that circle, Professor Nadine Strossen, the youngest person and first woman to lead the ACLU as its president (for 17 years!) joins Akhil and Andy for a discussion that ranges from the current Supreme Court case on cheerleaders’ (and all other students’) rights to the famous Tinker case; from Citizens United to The Godfather.  And just what is wrong with The Sopranos?

Voracious Horatius

As Akhil and Andy celebrate the publication this week of The Words That Made Us, Akhil tells a story from the book - the crazy election of 1800 and its just-barely-peaceful transfer of power.  And what is John Marshall up to?  He’s everywhere:  Secretary of State and Chief Justice at once, a pseudonymous scheming columnist, and in the end, the man with the Bible in his hand to swear in the eventual winner:  his cousin.

18 Arguments for 18 Years

The Biden Commission is in the news, with a mandate to produce ideas on judicial reform, especially at the Supreme Court level.  It just so happens that Akhil has been writing about this for almost 20 years, and has fully formed ideas.  How many ways would these changes make the Court better?  We’ll count.  Of course, the historical and constitutional background will also be explored and explained.

Leaving The Field

In the wake of the imminent release of The Words That Made Us, Akhil takes us to the end of the story - or was it?  The deaths of America’s founders were all memorable in ways that reflected the character of each.  This can’t be a coincidence, he maintains, and if it wasn’t, then what was it?  The founders managed to leave their mark on the stage as they left it, and in so doing, and in some sense, they didn’t leave.

Ending Catch-22

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.”

The Purpose of the Truth - Special Guest Bob Woodward

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.

Advise and Impeach

"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. 

Nullification Nullity

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.

Jefferson Ben Amar

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.

Sedition and Perdition

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.