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Amarica's Constitution

Akhil Reed Amar

Professor Akhil Reed Amar, Sterling Professor of Law and Political Science at Yale University and one of the nation's leading authorities on the Constitution, offers weekly in-depth discussions on the most urgent and fascinating constitutional issues of our day. He is joined by co-host Andy Lipka and guests drawn from other top experts including Bob Woodward, Nina Totenberg, Neal Katyal, Lawrence Lessig, Michael Gerhardt, and many more.

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#299
Yesterday · 1 hr 16 min
Delivering Justice - with Judge Patrick Schiltz and Michael Stokes Paulsen
This episode features Judge Patrick Schiltz, a deeply respected and honored judge on the US District Court in Minneapolis, interviewed by Professor Michael Stokes Paulsen, long time friend of this podcast and distinguished scholar. Judge Schiltz has been in the belly of the beast that was the dramatic escalation in ICE activity in his area, with a geometric increase in cases, motions, and need for his and his staff’s services. Amidst all this, he has come under fire from the Trump Administration in recent days for speaking about the judiciary to news outlets, despite the affirmative obligation that judges have to engage in appropriate forms of this activity. Now listen and hear the voice of a distinguished and dedicated public servant and judge for yourself. Before and after the interview broadcast, Akhil weighs in on some of the legal issues and the background. And in the show notes on akhilamar.com/podcast you can hear Akhil’s own keynote at this same symposium on converse-1983 and related matters. CLE credit is available for lawyers and judges from podcast.njsba.com.
S6 · E298
September 30 · 1 hr 21 min
Get Off My Plane - Guests Eugene Volokh and Vikram Amar
The President has been throwing news organizations out of various places: the White House in general, including the Press Room, and Air Force One. Can he do that? Does it matter why he is doing it? Has this come up before? Is it a constitutional matter? We welcome a leading First Amendment expert, Professor Eugene Volokh, to the podcast to discuss. Meanwhile, the Eight Circuit wasn’t quite ready to fade into the night, so they emerged one more time with the attempted congressional election districting map. The Supreme Court spoke quickly, clearly, and in one voice, and Professor Vik Amar is back as a guest to explain the significance - and the vehemence - of the Court’s words. Never a dull moment as the supposed off-season comes to a close and September ends. CLE credit is available for lawyers and judges from podcast.njsba.com.
S6 · E297
September 24 · 46 min
Circuit Breaker
The Eighth Circuit is at it again, believe it or not. Despite what appeared to be a clear directive from the Supreme Court to use the 2022 map in the upcoming federal election in Missouri, a panel of three judges from the circuit went in the other direction. Akhil has had about enough of this, and while he expects the Supreme Court to once again shoot down the eighth circuit, perhaps with feeling, we wonder what the mechanisms are to prevent this sort of rogue behavior. Akhil then employs one of them. Is that all there is? CLE credit is available for lawyers and judges from podcast.njsba.com.
S6 · E296
September 18 · 1 hr 23 min
The Constitution Goes to Princeton
It’s Constitution Day, or rather Constitution Eve as we record. Akhil is the invited speaker at Princeton University’s gala event, and ahead of the speech, we invited Princeton undergraduates to come and talk about the Constitution with us; to voice their questions, and to help us honor the mission of the day by engaging with American citizens on that thing that we all share and that hopefully embodies some set of shared values, history, and tradition. Akhil fielded, Cosell-style, the barrage of questions, and we came away reassured about the next generation and the likelihood of the document enduring. And Happy Constitution Day to all of you! CLE credit is available for lawyers and judges from podcast.njsba.com.
S6 · E295
September 9 · 1 hr 44 min
More Statesmanship, and State Constitutions - Special Guests Steven B. Smith and Vikram D. Amar
The big issue in the news today is the Missouri legislature’s attempt to avoid the state constitution’s referendum provisions in order to impose a legislative map that would advantage Republicans to the tune of all but one of the state’s seats in the US House. The Supreme Court is asked to intervene, and Justice Kavanaugh - after we taped - declined to do so. This may not be end of the story, but our guest Vik Amar is on top of it together with Akhil. Listen to get the details, and check out Scotusblog.com to stay updated - Akhil and Vik have a new column there. Meanwhile, our interview with Professor Steven Smith discussing his new book, On Statesmanship, precedes this discussion this week - don’t miss that, either! CLE credit is available for lawyers and judges from podcast.njsba.com.
S6 · E294
September 2 · 1 hr 34 min
The Statesman's Constitution - Special Guest Steven B. Smith
Originalists venerate the Founders, who were by most reckonings a group of remarkable statesmen. Today, many Americans look seemingly in vain for a statesman worthy of the moment and its challenges. But what is a statesman? Does the U.S. Constitution assume a statesman will be at the helm? Does it enable such a leader, or is it designed to thwart the designs of what Lincoln called the “towering genius?” Acclaimed author and scholar Steven B. Smith joins us from Yale on the occasion of publication of his new book, On Statesmanship, in the first of two fascinating segments on many aspects of this many-faceted concept. And, Andy and Akhil take a look at an important law emerging from the California legislature and awaiting the governor’s signature. CLE credit is available for lawyers and judges at podcast.njsba.com.
S6 · E293
August 26 · 1 hr 21 min
An Amendment Like Some Others - Special Guest Vikram D. Amar
Voting rights are in the news. The state and federal governments have sought to weigh in and intervene on election laws, as we have seen in previous cycles. This time, a number of states have passed laws that address mail-in or absentee voting, but in doing so, what seems on its surface to be addressing some needs of seniors may in fact be more constitutionally questionable than first meets the eye. And in so doing, the states are implicating the 26th amendment. A circuit split has developed and as a result, the Supreme Court may get involved and this modern amendment may get its first case before the court. We bring in the expert on such things: Professor Vik Amar, who has already published a new article on these questions in recent days. The “brothers-in-law” are at it again, and we are all the beneficiaries. CLE credit is available for lawyers and judges from podcast.njsba.com.
S6 · E292
August 19 · 1 hr 14 min
Preclearing the President
What happens when the president loses in court, even at the Supreme Court, but repeatedly attempts to fight the battle again? New tariffs are offered after the old ones are thrown out. Birthright citizenship, resoundingly affirmed, is challenged anew. To Americans who lived in the South after Brown v. Board, this might sound familiar. And indeed, as we wrap up our Roberts court constitutional survey, and we arrive at the cases we take great issue with, this theme echoes back to the Shelby County case. We therefore discuss a question that has rankled many Americans in recent years. CLE credit is available for lawyers and judges from podcast.njsba.com.
S6 · E291
August 12 · 1 hr 8 min
There You Go Again
The President did not file for reconsideration of the Court’s decision in Trump v. Barbara, but the President nevertheless doesn’t let the Constitution rest, issuing two new executive orders that purport to extend the set of persons not receiving birthright citizenship upon their birth, among other things. We take a look. Meanwhile, our review of the Roberts Court’s important constitutional cases brings us back to the Affirmative Action cases, and we take a look at them three years in. Finally, another listener question takes us to yet another corner of the constitutional canon - and Akhil is ready even without advance notice. CLE is available for lawyers and judges from podcast.njsba.com.
S6 · E290
August 5 · 1 hr 19 min
Dobbs and Bruen Plus Time
As we make our way through the 20 most constitutionally significant cases of the Roberts court, this episode takes us through two cases that have continued to have resonance with the American people and with the justices. Dobbs saw an infamous leak, a momentous decision, powerful electoral impact, and ongoing questions that echo back to an important limiting concurrence. Bruen brought a controversial methodology to questions of gun rights, caused mayhem at the lower courts, and spawned a number of subsequent cases that seek to clarify and perhaps recover from this sweeping opinion. We take you back - and forward - as we examine these cases on our way to an overall accounting of the Roberts Court. CLE credit is available for lawyers and judges from podcast.njsba.com.
S6 · E289
July 29 · 1 hr 23 min
Faces of Intratextualism
We continue our survey of the Roberts Court’s oeuvre of constitutional cases, with particular emphasis on the series of cases that concerned making rules for voting and for voting districts. These cases make particular use of “intratextualism” - a term coined by Professor Amar that provides tools - and traps - for textual analysis of the Constitution. And as it turns out, it is also valuable on some of the most important themes and cases in the history of the nation, including Brown v. Board and its companion case, Bolling v. Sharpe. A listener’s question takes us down this road, which intersects with our own prior path in fascinating ways. These and more cases are explored as only Professor Amar can. CLE credit is available for lawyers and judges from podcast.njsba.com.
S6 · E288
July 23 · 1 hr 22 min
The Surprising Score
The SCOTUS term is behind us, and we take a look back - not just at this term, but at the entirety of the Roberts Court. What are the most important constitutional cases of its time? Where do the justices line up on the important cases - that is, how often are they in the majority; how often is the opinion right-leaning, as many believe is usually the case, and how many are left-leaning? How often is the Court “clearly wrong” according to Professor Amar? And where does Professor Amar come out in terms of his alignment with the Court? The cases may be familiar, but our own look at this suggests to us that you may well be surprised when it all gets added up. We also have some listeners’ questions, and they turn out to be more far-ranging than you might have expected. CLE credit is available for lawyers and judges from podcast.njsba.com.
S6 · E287
July 16 · 1 hr 26 min
Dissenting from the Dissents
How could the vote in Trump v. Barbara have been as close as it was? Many have been bewildered by the vote in this case, given the strength of the arguments in Chief Justice Roberts' majority opinion, the long history of birthright citizenship, the statutory history, and the clear text of the 14th amendment. We try to understand this by looking at how the dissents took an aberrant and incorrect approach to the very act of dissenting. To do this, we have to look at a general theory of dissents at the Supreme Court - and so we do. Meanwhile, a foreign nation's holiday is celebrated, as well it should be given this nation's role in our own achievement of independence. Lawyers And Judges Are Eligible For Continuing Legal Education Credit by visiting podcast.njsba.com.
S6 · E286
July 8 · 1 hr 30 min
Unitary Duality - Guests Steven Calabresi and Vikram Amar
he Supreme Court ruled in two cases framing Unitary Executive theory. So it’s entirely appropriate that we have two great experts on the topic joining us. Steve Calabresi literally wrote the book on this theory, and perhaps it’s not surprising that he is more pure than the Court itself. Meanwhile, Vik Amar has seen his theories concerning non-delegation and Congressional lock-in come up again and again this term - and here we see it again; if the agencies were meant by Congress to preserve its role in exercising certain powers, how can it reclaim those powers when the independence of the agencies is eliminated? Meanwhile, Akhil, cited in the Slaughter case, reviews the originalism involved in the opinions, and puts the cases in an overall perspective of sorts. All in all, an impressive resource for you to draw on. Lawyers and Judges are eligible for Continuing Legal Education credit by visiting podcast.njsba.com after listening.
S6 · E285
July 2 · 1 hr 18 min
Lincoln's Promise Kept
America gets a 250th birthday present from the Supreme Court as Chief Justice John Roberts authors an opinion for the ages in Trump v. Barbara. The Court went big and decided on the basis of the Constitution, not merely the Congressional statutes, that Abraham Lincoln's wish for the nation, birthright citizenship, which gives rise to the chance for birth equality and therefore the "new birth of freedom" Lincoln bequeathed us, will live on - and will have its best chance to endure. We look deeply into the opinion to find the great themes the Chief Justice, joined by four women, sounds. And what about the arguments made on this podcast in recent months? Can they be found in the opinion, and if so, do they strengthen it? Join us for a close look. Lawyers and Judges are eligible for Continuing Legal Education credit by visiting podcast.njsba.com after listening.
S6 · E284
June 26 · 1 hr 29 min
No Coffee for You
In the wake of our recent discussion on private vs state action, a recent incident in New York regarding US Representative Dan Goldman’s banishment from a coffee shop because of his political stance brings these issues home, with additional questions related to public accommodations and more. Meanwhile, the Supreme Court faced some of these similar issues in the case of Wolford v. Lopez, decided the day we record this, as well as a host of 14th amendment questions that are at once familiar and yet fresh for listeners to this podcast. CLE is available for lawyers and judges from podcast.njsba.com.
S6 · E283
June 19 · 1 hr 22 min
Reverence and Radicalism: Remembering Gordon Wood
The tributes to Gordon Wood have been pouring in, and as promised, we spend this episode with him and his peerless body of work. Professor Steven Calabresi, Gordon’s neighbor, friend, and colleague, joins us, and how appropriate that is, as Steve and Akhil produced a tribute weekend at Yale Law School that reviewed and celebrated his lifetime of work. Now we remember the man, the teacher, and most of all, the towering scholar, as we review some of his most important ideas, his methods, and his inspiration for so many who have read, and who will read, the greatest books ever written about the American founding period. A giant has been lost, but his memory will be a blessing for many generations to come. CLE credit is available for lawyers and judges from podcast.njsba.com.
S6 · E282
June 10 · 1 hr 30 min
Bigotry vs Bureaucracy: State Action and Private Freedom
There’s some highly questionable behavior going on in an area of Missouri, where a fringe group seeks to establish a whites-only enclave. Objectionable? We think so. Unconstitutional? Therein lies an opening to a whole host of questions. Government action versus private action. When is private action beyond private purview? When does state action overlap into private domains, and where are the lines? Where do these rules come from? How can we think about new issues that may arise? Akhil has thought about this, and written about it, so now we offer you a framework to think about such questions as they arise, now and in the future. And, sadly, a giant was lost this week. We offer some thoughts, with more to come. CLE credit is available for lawyers and judges from podcast.njsba.com.
S6 · E281
June 3 · 1 hr 17 min
Rosen on Liberty; Gorsuch on Gorsuch - with Jeffrey Rosen and Justice Neil Gorsuch
It is an honor to introduce the initial episode of our new sister podcast: The Blessings of Liberty, hosted by Jeffrey Rosen, president emeritus of the National Constitution Center and Professor of Law at GW. Prof. Rosen begins with a bang, as he holds a discussion with US Supreme Court Justice Neil Gorsuch, including two books newly authored or contributed to by Justice Gorsuch. We precede this with our own interview of Jeff Rosen, discussing the mission of his new podcast and his special passion for history, the Constitution, and the American idea. Meanwhile, listen, too, for a special EverScholar opportunity for our loyal podcast audience. CLE credit is available for lawyers and judges from podcast.njsba.com.
S6 · E280
May 27 · 54 min
Unrehearsed Answers
It’s time for listener questions, and no surprise that current events are on everyone’s mind. We range from the supposed weaponization slush fund, to pardons; illegal military orders; simultaneous office holding; and lots of converse-1983 discussion. And Professor Amar looks at a possible error in one of his books. Great questions from a great audience, and Akhil answers them without prep, on the spot. CLE credit is available for lawyers and judges from podcast.njsba.com.

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