Podcasts about Constitutional law

Body of law

  • 929PODCASTS
  • 2,168EPISODES
  • 49mAVG DURATION
  • 5WEEKLY NEW EPISODES
  • Jun 17, 2025LATEST
Constitutional law

POPULARITY

20172018201920202021202220232024

Categories



Best podcasts about Constitutional law

Show all podcasts related to constitutional law

Latest podcast episodes about Constitutional law

Law School
Bar Exam Foundations Lecture One (Part 2): Constitutional Law & Professional Responsibility Foundations

Law School

Play Episode Listen Later Jun 17, 2025 18:12


This educational text, presented as a lecture, aims to prepare students for the bar exam by covering essential legal topics. It explores core concepts of Constitutional Law, focusing on federalism, the separation of powers, and individual rights such as due process and equal protection, referencing significant court cases. The lecture also provides an overview of Professional Responsibility, outlining ethical obligations for lawyers based on the ABA Model Rules, including conflicts of interest and confidentiality. Finally, it offers guidance on preparing for the Multistate Bar Examination (MBE) and Multistate Essay Examination (MEE) with sample questions and essay structures.The legislative branch's primary function is to make laws.The executive branch can check the legislative branch by using a Presidential Veto to reject laws passed by the legislature.The Equal Protection Clause is an invaluable tool for groups that experience discrimination and states that no state shall deny to any person within its jurisdiction the equal protection of the laws.One standard of review mentioned is Strict Scrutiny, Intermediate Scrutiny, or Rational Basis Review.The Tenth Amendment reserves all powers not delegated to the federal government or denied to state governments to the states or the people, emphasizing state sovereignty.Powers typically reserved for the states include education, public health, safety, transportation, and welfare, often referred to as "police powers."Marbury v. Madison established the principle of judicial review.Congress has directed Justices to comply with financial reporting requirements and limitations on the receipt of gifts and outside earned income.The attorney-client privilege protects confidential communications between a lawyer and their client that relate to seeking legal advice or services.The attorney-client privilege belongs to the client.

Mea Culpa with Michael Cohen
Trump's Legal Team is a Hot Mess November 23, 2020

Mea Culpa with Michael Cohen

Play Episode Listen Later Jun 16, 2025 75:45


This week on Mea Culpa, Michael finds himself at peak frustration as the Trump Train barrels this country towards oblivion. How can a nation that is built upon reason find itself in such an unreasonable position, where a two-bit, wannabe despot can work the corners of our legal system to halt the entire transition of power? With the country exhausted from the trauma of this never ending election and the looming specter of death from COVID, we all are stuck in a terrible limbo. Searching for answers and rational thought, Michael speaks with Harvard University Professor of Constitutional Law, Laurence Tribe. One of the main architects of Al Gore's recount fight from the 2000 election, Tribe has argued 35 cases in front of the Supreme Court and finds himself mired in the current mess; advising the Biden team from afar as one frivolous lawsuit after another is filed. His words provide a balm for the ever present irritation of Trump and his team of legal crows. Also, make sure to check o... This week on Mea Culpa, Michael finds himself at peak frustration as the Trump Train barrels this country towards oblivion. How can a nation that is built upon reason find itself in such an unreasonable position, where a two-bit, wannabe despot can work the corners of our legal system to halt the entire transition of power? With the country exhausted from the trauma of this never ending election and the looming specter of death from COVID, we all are stuck in a terrible limbo. Searching for answers and rational thought, Michael speaks with Harvard University Professor of Constitutional Law, Laurence Tribe. One of the main architects of Al Gore's recount fight from the 2000 election, Tribe has argued 35 cases in front of the Supreme Court and finds himself mired in the current mess; advising the Biden team from afar as one frivolous lawsuit after another is filed. His words provide a balm for the ever present irritation of Trump and his team of legal crows. Also, make sure to check out Mea Culpa: The Election Essays for the definitive political document of 2020. Fifteen chapters of raw and honest political writings on Donald Trump from the man who knows him best. https://www.amazon.com/dp/B08M5VKQ6T/ For cool Mea Culpa gear, check out www.meaculpapodcast.com/merch To learn more about listener data and our privacy practices visit: https://www.audacyinc.com/privacy-policy Learn more about your ad choices. Visit https://podcastchoices.com/adchoices

Beyond the Legal Limit with Jeffrey Lichtman
Israel Destroys Iran's Terror Sites While MAGA Joins Hamas and the Far Left in Jew Hate / Trump Claims Credit for Everything / A Full Circle Suit Story and a Federal Judge I Respect

Beyond the Legal Limit with Jeffrey Lichtman

Play Episode Listen Later Jun 16, 2025 52:29


This week Jeff opens with the long-awaited Israeli strike on Iran's nuclear infrastructure, a dazzling military operation years in the making. But instead of support for Israel, Jeff is stunned by the response: hatred not only from the far left but now pouring out of MAGA's biggest names. Yes, the Trump-right has joined Hamas and the progressive left in their obsessive Jew hatred, and Jeff is seething.Trump, meanwhile, couldn't resist taking credit for the Israeli success after the fact, even though he reportedly tried to block the strike for months. And if he actually helped, why didn't he greenlight American B-52s to finish the job on the underground nuke sites? Why is he trying to make a huge deal when the world's biggest sponsor of terror is on its knees?Also this week: a tale of how a young lawyer buying his first suits comes full circle 30 years later, this time as a man paying cash with 44 tailored suits under his belt. Plus, Jeff faces a federal judge he went to college with and admits, despite all of his own accomplishments, the judge is the better man.As always, Jeff pulls no punches. Not for MAGA. Not for Trump. Not for the far left. And certainly not for anyone siding with the world's worst terror regime.

Law School
Bar Exam Foundations Lecture One: Constitutional Law & Professional Responsibility Foundations

Law School

Play Episode Listen Later Jun 16, 2025 28:47


Lecture One introduces foundational concepts in Constitutional Law, addressing federalism, separation of powers, and core individual rights (Due Process, Equal Protection, and the Commerce Clause). It explains federalism's distribution of authority between federal and state governments, highlighting key Supreme Court cases like McCulloch v. Maryland and Gibbons v. Ogden. It also discusses the essential separation of powers principle, reinforced by landmark decisions such as Marbury v. Madison. Critical individual rights are examined, specifically procedural and substantive due process rights, equal protection standards, and the extensive interpretation of the Commerce Clause through landmark cases.The lecture also covers fundamental professional responsibility topics guided by the ABA Model Rules of Professional Conduct, focusing on conflicts of interest, confidentiality, and attorney-client privilege. It emphasizes the ethical duties and obligations attorneys have toward their clients and the legal system. The lecture concludes with practical preparation strategies for the MBE and introduces structured methods for writing effective MEE essays, including sample questions and essay analyses.Key Takeaways:Constitutional Law:Federalism: Federal government powers are enumerated explicitly; states hold reserved powers under the Tenth Amendment.Separation of Powers: Legislative, executive, and judicial branches have distinct roles to prevent abuses of power.Due Process: Protects individuals from unfair government deprivation of life, liberty, or property.Equal Protection: Requires equal governmental treatment and scrutiny standards to evaluate discrimination.Commerce Clause: Grants broad authority to Congress over activities significantly affecting interstate commerce.Professional Responsibility:ABA Model Rules: Set ethical standards for legal practice; adopted widely by state bar associations.Conflicts of Interest: Attorneys must avoid or mitigate conflicts that impair professional judgment or client interests.Confidentiality: Lawyers have an expansive duty to protect client information, with limited exceptions.Attorney-Client Privilege: Specifically safeguards confidential communications meant to secure legal advice.Exam Preparation:Regularly practice MBE-style questions to build accuracy and analytical skills.Employ the IRAC (Issue, Rule, Application, Conclusion) method systematically for MEE essays.Understand ethical dilemmas deeply to clearly articulate duties in professional responsibility essays.These key concepts form the foundation for your continued bar exam preparation.

James Wilson Institute Podcast
Lincoln's Prophetic Statesmanship with Edward Erler

James Wilson Institute Podcast

Play Episode Listen Later Jun 12, 2025 50:53


In the pantheon of intellectual giants of modernconservatism, standing first among equals is the late professor Harry Jaffa. Jaffa, who influenced generations of students from his academic perch at Claremont Graduate University, might have been the 20th century's greatest scholar on the thought of Abraham Lincoln. Jaffa, who along with JWI Founder & Co-Director Hadley Arkes was a student of the great Leo Strauss, produced two seminal books on Lincoln. First, in 1958, he gave us Crisis of the House Divided, a close analysis of the Lincoln Douglas debates, andthen forty two years later, A New Birth of Freedom, which was devoted to the larger project of the causes of the Civil War, the Election of 1860, and the secession thereafter. A former student of Jaffa, and close confidant, Edward Erler, has now come forth with a new book Prophetic Statesmanshipfrom Encounter Books that Jaffa himself entrusted Erler to write as a follow-on to A New Birth of Freedom after Jaffa died about a decade ago. We are deeply pleased then to be joined by Prof. Erler for a wide ranging discussion of this important new work on Lincoln, with a relevance to theissues at the heart of our present way of life that is quite striking. Erler is Professor of Political Science emeritus fromCalifornia State University, San Bernardino, where he taught Political Philosophy and Constitutional Law, and served as Department Chairman from 1984-1991. He is the Author of numerous books and law reviews and professionaljournals, among the most recent, are “From Subjects to Citizens: the Social Contract Origins of American Citizenship”; “Marbury v. Madison and the Progressive Transformation of Judicial Power”;. He received a B.A. in Political Science from San Jose State University, on a grant from the G.I. Bill for services rendered, a M.A. and Ph.D. from the Claremont Graduate School. He has been a fellow at the National Humanities Center and served as Director of theBicentennial for the National Endowment for the Humanities.Purchase Prophetic StatesmanRead more of Prof. Erlier at The American Mind

New Books Network
The Freedom Academy

New Books Network

Play Episode Listen Later Jun 10, 2025 57:20


When Professor Asha Rangappa began posting online about the lessons she was teaching in the Yale University course on Russian intelligence and information warfare, the public took notice. Many reached out for a copy of the syllabus, and began lamenting that they couldn't take her course. This led to the creation of a series of free lessons and presentations for the public through The Freedom Academy – which is Professor Rangappa's popular Substack. In this episode, we unpack key concepts taught by The Freedom Academy, including: how propaganda reaches us; the Alien Enemies Act of 1798; due process; civic literacy; the characteristics of truth tellers; transparency and accountability as pillars of democracy; and what happens when public trust erodes. Our guest is: Asha Rangappa, who is assistant dean and a senior lecturer at Yale University's Jackson School of Global Affairs and a former Associate Dean at Yale Law School. Prior to her current position, Asha served as a Special Agent in the New York Division of the FBI, specializing in counterintelligence investigations. Her work involved assessing threats to national security, conducting classified investigations on suspected foreign agents and performing undercover work. While in the FBI, Asha gained experience in electronic surveillance, interview and interrogation techniques, firearms and the use of deadly force. She received her law degree from Yale Law School where she was a Coker Fellow in Constitutional Law, and served as a law clerk to the Honorable Juan R. Torruella on the U.S. Court of Appeals for the First Circuit in San Juan, Puerto Rico. She is admitted to the State Bar of New York (2003) and Connecticut (2003). Asha has published op-eds in The New York Times, The Wall Street Journal and The Washington Post among others and is currently a legal contributor for ABC News. She is on the board of editors of Just Security and a member of the Council of Foreign Relations. She created the popular Substack called The Freedom Academy. Our host is: Dr. Christina Gessler, who is the producer and show host of the Academic Life podcast. She holds a PhD in history, which she uses to explore what stories we tell and what happens to those we never tell. She works as a developmental editor for scholarly projects. Playlist for listeners: Immigration Realities Understanding Disinformation The Ungrateful Refugee Where is home? Who gets believed? Belonging Welcome to Academic Life, the podcast for your academic journey—and beyond! You can support the show by downloading and sharing episodes. Join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 250+ Academic Life episodes? Find them here. And thank you for listening! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/new-books-network

The Academic Life
The Freedom Academy

The Academic Life

Play Episode Listen Later Jun 10, 2025 57:20


When Professor Asha Rangappa began posting online about the lessons she was teaching in the Yale University course on Russian intelligence and information warfare, the public took notice. Many reached out for a copy of the syllabus, and began lamenting that they couldn't take her course. This led to the creation of a series of free lessons and presentations for the public through The Freedom Academy – which is Professor Rangappa's popular Substack. In this episode, we unpack key concepts taught by The Freedom Academy, including: how propaganda reaches us; the Alien Enemies Act of 1798; due process; civic literacy; the characteristics of truth tellers; transparency and accountability as pillars of democracy; and what happens when public trust erodes. Our guest is: Asha Rangappa, who is assistant dean and a senior lecturer at Yale University's Jackson School of Global Affairs and a former Associate Dean at Yale Law School. Prior to her current position, Asha served as a Special Agent in the New York Division of the FBI, specializing in counterintelligence investigations. Her work involved assessing threats to national security, conducting classified investigations on suspected foreign agents and performing undercover work. While in the FBI, Asha gained experience in electronic surveillance, interview and interrogation techniques, firearms and the use of deadly force. She received her law degree from Yale Law School where she was a Coker Fellow in Constitutional Law, and served as a law clerk to the Honorable Juan R. Torruella on the U.S. Court of Appeals for the First Circuit in San Juan, Puerto Rico. She is admitted to the State Bar of New York (2003) and Connecticut (2003). Asha has published op-eds in The New York Times, The Wall Street Journal and The Washington Post among others and is currently a legal contributor for ABC News. She is on the board of editors of Just Security and a member of the Council of Foreign Relations. She created the popular Substack called The Freedom Academy. Our host is: Dr. Christina Gessler, who is the producer and show host of the Academic Life podcast. She holds a PhD in history, which she uses to explore what stories we tell and what happens to those we never tell. She works as a developmental editor for scholarly projects. Playlist for listeners: Immigration Realities Understanding Disinformation The Ungrateful Refugee Where is home? Who gets believed? Belonging Welcome to Academic Life, the podcast for your academic journey—and beyond! You can support the show by downloading and sharing episodes. Join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 250+ Academic Life episodes? Find them here. And thank you for listening! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/academic-life

New Books in Law
The Freedom Academy

New Books in Law

Play Episode Listen Later Jun 10, 2025 57:20


When Professor Asha Rangappa began posting online about the lessons she was teaching in the Yale University course on Russian intelligence and information warfare, the public took notice. Many reached out for a copy of the syllabus, and began lamenting that they couldn't take her course. This led to the creation of a series of free lessons and presentations for the public through The Freedom Academy – which is Professor Rangappa's popular Substack. In this episode, we unpack key concepts taught by The Freedom Academy, including: how propaganda reaches us; the Alien Enemies Act of 1798; due process; civic literacy; the characteristics of truth tellers; transparency and accountability as pillars of democracy; and what happens when public trust erodes. Our guest is: Asha Rangappa, who is assistant dean and a senior lecturer at Yale University's Jackson School of Global Affairs and a former Associate Dean at Yale Law School. Prior to her current position, Asha served as a Special Agent in the New York Division of the FBI, specializing in counterintelligence investigations. Her work involved assessing threats to national security, conducting classified investigations on suspected foreign agents and performing undercover work. While in the FBI, Asha gained experience in electronic surveillance, interview and interrogation techniques, firearms and the use of deadly force. She received her law degree from Yale Law School where she was a Coker Fellow in Constitutional Law, and served as a law clerk to the Honorable Juan R. Torruella on the U.S. Court of Appeals for the First Circuit in San Juan, Puerto Rico. She is admitted to the State Bar of New York (2003) and Connecticut (2003). Asha has published op-eds in The New York Times, The Wall Street Journal and The Washington Post among others and is currently a legal contributor for ABC News. She is on the board of editors of Just Security and a member of the Council of Foreign Relations. She created the popular Substack called The Freedom Academy. Our host is: Dr. Christina Gessler, who is the producer and show host of the Academic Life podcast. She holds a PhD in history, which she uses to explore what stories we tell and what happens to those we never tell. She works as a developmental editor for scholarly projects. Playlist for listeners: Immigration Realities Understanding Disinformation The Ungrateful Refugee Where is home? Who gets believed? Belonging Welcome to Academic Life, the podcast for your academic journey—and beyond! You can support the show by downloading and sharing episodes. Join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 250+ Academic Life episodes? Find them here. And thank you for listening! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

New Books in American Politics
The Freedom Academy

New Books in American Politics

Play Episode Listen Later Jun 10, 2025 57:20


When Professor Asha Rangappa began posting online about the lessons she was teaching in the Yale University course on Russian intelligence and information warfare, the public took notice. Many reached out for a copy of the syllabus, and began lamenting that they couldn't take her course. This led to the creation of a series of free lessons and presentations for the public through The Freedom Academy – which is Professor Rangappa's popular Substack. In this episode, we unpack key concepts taught by The Freedom Academy, including: how propaganda reaches us; the Alien Enemies Act of 1798; due process; civic literacy; the characteristics of truth tellers; transparency and accountability as pillars of democracy; and what happens when public trust erodes. Our guest is: Asha Rangappa, who is assistant dean and a senior lecturer at Yale University's Jackson School of Global Affairs and a former Associate Dean at Yale Law School. Prior to her current position, Asha served as a Special Agent in the New York Division of the FBI, specializing in counterintelligence investigations. Her work involved assessing threats to national security, conducting classified investigations on suspected foreign agents and performing undercover work. While in the FBI, Asha gained experience in electronic surveillance, interview and interrogation techniques, firearms and the use of deadly force. She received her law degree from Yale Law School where she was a Coker Fellow in Constitutional Law, and served as a law clerk to the Honorable Juan R. Torruella on the U.S. Court of Appeals for the First Circuit in San Juan, Puerto Rico. She is admitted to the State Bar of New York (2003) and Connecticut (2003). Asha has published op-eds in The New York Times, The Wall Street Journal and The Washington Post among others and is currently a legal contributor for ABC News. She is on the board of editors of Just Security and a member of the Council of Foreign Relations. She created the popular Substack called The Freedom Academy. Our host is: Dr. Christina Gessler, who is the producer and show host of the Academic Life podcast. She holds a PhD in history, which she uses to explore what stories we tell and what happens to those we never tell. She works as a developmental editor for scholarly projects. Playlist for listeners: Immigration Realities Understanding Disinformation The Ungrateful Refugee Where is home? Who gets believed? Belonging Welcome to Academic Life, the podcast for your academic journey—and beyond! You can support the show by downloading and sharing episodes. Join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 250+ Academic Life episodes? Find them here. And thank you for listening! Learn more about your ad choices. Visit megaphone.fm/adchoices

The Constitutionalist
#62 - The Mayflower Compact

The Constitutionalist

Play Episode Listen Later Jun 6, 2025 43:48


On the sixty-second episode of the Constitutionalist, Ben, Shane, and Matthew discuss the Mayflower Compact, and its implications for American political life as one of the nation's earliest constitutional compacts. We want to hear from you! Constitutionalistpod@gmail.com The Constitutionalist is proud to be sponsored by the Jack Miller Center for Teaching America's Founding Principles and History. For the last twenty years, JMC has been working to preserve and promote that tradition through a variety of programs at the college and K-12 levels. Through their American Political Tradition Project, JMC has partnered with more than 1,000 scholars at over 300 college campuses across the country, especially through their annual Summer Institutes for graduate students and recent PhDs. The Jack Miller Center is also working with thousands of K-12 educators across the country to help them better understand America's founding principles and history and teach them effectively, to better educate the next generation of citizens. JMC has provided thousands of hours of professional development for teachers all over the country, reaching millions of students with improved civic learning. If you care about American education and civic responsibility, you'll want to check out their work, which focuses on reorienting our institutions of learning around America's founding principles. To learn more or get involved, visit jackmillercenter.org. The Constitutionalist is a podcast co-hosted by Professor Benjamin Kleinerman, the RW Morrison Professor of Political Science at Baylor University and Founder and Editor of The Constitutionalist Blog, Shane Leary, a graduate student at Baylor University, and Dr. Matthew Reising, a John and Daria Barry Postdoctoral Research Fellow at Princeton University. Each week, they discuss political news in light of its constitutional implications, and explore a unique constitutional topic, ranging from the thoughts and experiences of America's founders and statesmen, historical episodes, and the broader philosophic ideas that influence the American experiment in government.

united states america american university founders history president donald trump culture power house washington politics college state doctors phd professor colorado joe biden elections washington dc dc local congress political supreme court union senate bernie sanders democracy federal kamala harris blm constitution conservatives heritage nonprofits political science liberal abraham lincoln civil rights impeachment public policy amendment graduate baylor george washington princeton university american history presidency ballot ted cruz public affairs elizabeth warren ideology constitutional thomas jefferson founding fathers mitt romney benjamin franklin electoral college mitch mcconnell supreme court justice baylor university american politics joe manchin john adams rand paul polarization marco rubio chuck schumer alexander hamilton cory booker james madison lindsey graham bill of rights tim scott federalist amy klobuchar civic engagement dianne feinstein rule of law john kennedy senate judiciary committee civil liberties claremont josh hawley polarized mike lee ron johnson supreme court decisions constitutional law house of representatives paul revere ideological george clinton constitutional rights federalism department of education james smith aaron burr rick scott chris murphy tom cotton robert morris thomas paine kirsten gillibrand department of justice political theory bob menendez political philosophy john witherspoon senate hearings constitutional convention constitutional amendments john hancock fourteenth susan collins patrick henry john marshall 14th amendment political history benedict arnold chuck grassley department of defense american government aei samuel adams marsha blackburn james wilson john quincy adams john paul jones social activism john jay tim kaine political discourse dick durbin jack miller colonial america political thought political debate joni ernst sherrod brown david perdue ben sasse mark warner tammy duckworth john cornyn abigail adams ed markey american experiment checks and balances political commentary grad student ron wyden originalism american presidency michael bennet john thune electoral reform constitutional studies legal education publius john hart department of homeland security political analysis bill cassidy legal analysis richard blumenthal separation of powers national constitution center department of labor chris coons legal history department of energy tammy baldwin constitutionalism american founding chris van hollen civic education james lankford department of transportation tina smith stephen hopkins summer institute richard burr rob portman constitutionalists bob casey benjamin harrison angus king war powers thom tillis jon tester john morton mazie hirono mayflower compact department of agriculture pat toomey judicial review mike braun john dickinson social ethics jeff merkley plymouth colony benjamin rush patrick leahy todd young jmc gary peters landmark cases debbie stabenow deliberative democracy american constitution society department of veterans affairs george taylor civic responsibility civic leadership historical analysis demagoguery samuel huntington founding principles political education constitutional government charles carroll cory gardner lamar alexander temperance movement ben cardin antebellum america department of state kevin cramer george ross mike rounds cindy hyde smith revolutionary america apush department of commerce state sovereignty brian schatz founding documents civic participation jim inhofe constitutional change gouverneur morris founding era early american republic roger sherman contemporary politics martin heinrich maggie hassan jeanne shaheen constitutional advocacy john barrasso roger wicker pat roberts william williams american political thought elbridge gerry william floyd george wythe jacky rosen mercy otis warren constitutional accountability center living constitution civic learning department of the interior tom carper constitutional affairs richard henry lee samuel chase constitutional conventions american political development mayflower pilgrims alcohol prohibition richard stockton legal philosophy mike crapo department of health and human services government structure american governance lyman hall constitutional conservatism constitutional rights foundation constitutional literacy
Justice Above All
Brown II at 70: The Fourteenth Amendment and the Myth of Neutrality

Justice Above All

Play Episode Listen Later Jun 3, 2025 29:27


This episode of Justice Above All examines how the Supreme Court interpreted the Fourteenth Amendment's Equal Protection Clause in Brown v. Board of Education (1954), and how today's legal arguments decontextualize the Amendment's historical context in which it was ratified—during Reconstruction, to secure full citizenship and legal equality for formerly enslaved Black people.  Today, multiple Supreme Court decisions reflect an inaccurate and ahistorical reading of the Reconstruction Amendments—the Thirteenth, Fourteenth, and Fifteenth—which were enacted to dismantle the legacy of slavery and secure full citizenship and equal protection under the law for all people of African descent.Today's host is Karla McKanders, Director of the Thurgood Marshall Institute. She is in conversation with the following guests: - Lynne Adrine: Alumna, Ludlow Elementary School and President, LKA Strategies- Joel Motley: Civil and human rights advocate, filmmaker, and the son of Constance Baker Motle- Kenji Yoshino: Chief Justice Earl Warren Professor of Constitutional Law, NYU School of Law and Faculty Director, Meltzer Center for Diversity, Inclusion, and BelongingFor more information on this episode, please visit https://tminstituteldf.org/brown-v-board-ii-fourteenth-amendment-myth-of-neutrality/.This episode was produced by Jakiyah Bradley and Lauren O'Neil. It was hosted by Karla McKanders. Resonate Recordings edited the episode.If you enjoyed this episode please consider leaving a review and helping others find it! To keep up with the work of LDF please visit our website at www.naacpldf.org and follow us on social media at @naacp_ldf. To keep up with the work of the Thurgood Marshall Institute, please visit our website at www.tminstituteldf.org and follow us on Twitter at @tmi_ldf.

Strict Scrutiny
It's Officially Bad Decision Season

Strict Scrutiny

Play Episode Listen Later Jun 2, 2025 94:17


Live from Capital Turnaround in Washington, D.C., Leah, Kate, and Melissa wade right into the swamp, breaking down the (very weird, very disturbing) sexual harassment claims against Texas's ex-solicitor general, Judd Stone and holding their noses to read Coach Brett Kavanaugh's opinion on the National Environmental Policy Act. Then, the hosts welcome special guests Ambassador Norm Eisen and Emily Amick, author of the Substack, Emily in Your Phone, to talk about the avalanche of litigation against the Trump administration and reproductive rights (and wrongs), respectively.Hosts' favorite things:Leah: Taylor Swift's letter about buying back her art; Why Is This Supreme Court Handing Trump More and More Power?, Kate Shaw (NYT); Living by the Ipse Dixit, Steve Vladeck (One First); The New Dark Age, Adam Serwer (The Atlantic); Elon Musk's Legacy Is Disease, Starvation and Death, Michelle Goldberg (NYT)Kate: Beware: We Are Entering a New Phase of the Trump Era, M. Gessen (NYT), How YOU Helped Knock Musk Out of DC–& of Politics, Norm Eisen (Substack); On the Campaign Trail, Elon Musk Juggled Drugs and Family Drama, Kirsten Grind and Meghan Twohey (NYT); Cowboy CarterMelissa: Her incredible shoes from the show; seeing Cowboy Carter; the newest season of Just Like That; Original Sin by Jake Tapper and Alex ThompsonEmily: Nine Perfect Strangers (Hulu); Everyone Is Lying to You by Jo Piazza Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 6/12 – NYC10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad VibesFollow us on Instagram, Threads, and Bluesky

The 92 Report
134. Dan Tabak, Litigation Partner and Treasurer at Harvard Hillel

The 92 Report

Play Episode Listen Later Jun 2, 2025 37:48


Show Notes: Dan Tabak, a lawyer and treasurer of Harvard Hillel, spent three years at Columbia Law School, he then worked as a litigator at Simpson Thacher & Bartlett, but took a year off to clerk for a federal judge in Brooklyn. He went back to work at Simpson Thacher before moving on to his current firm, Cohen & Gresser which operates primarily in New York City but has offices in London, Paris, Dubai, and Washington, D.C. He currently lives in Scarsdale, New York with his wife and two kids. On the Board of Harvard Hillel Dan joined the board of Harvard Hillel during the pandemic, which allowed him to participate more actively. He explains why he joined the board and supporting the Jewish community was an important part of his decision. In response to the fact that Harvard has been in the news in connection with  anti-semitism, Dan states that the board has a diverse board with diverse viewpoints. He also mentions a 311 page study on anti-semitism at Harvard and notes that there are problems at Harvard that were different from what his class perceived, and that students today interact differently than when Dan was a student, specifically the inability to disagree with civility and respect for diversity of opinions.  The Decline of Jewish Students at HarvardDan discusses the decline in Jewish students at Harvard and similar institutions, noting that he believes it has not emerged from a top-down decision, but traces back to the Immigration Act of 1965. He notes that there was a high likelihood of having a Jewish roommate or blockmate in the class of 1992 and a lower chance now, which has led to fewer people understanding Jews and Jewish life at these institutions. He attributes the decline to the emphasis on more diversity on identities within admissions and how students feel a responsibility to represent their specific background as well as the Immigration Act of 1965, which opened doors to different communities, particularly immigrant families, who tend to value education highly and are now more represented at Harvard.  A Career in Law and Improving the Public School Systems Dan talks about his career at Simpson Thacher, one of the world's largest firms. His senior thesis in college involved a school funding decision in New Jersey. From his first week as a summer associate at Simpson Thacher to his departure years later, he worked with a group bringing a similar case in New York, Campaign For Fiscal Equity against the state of New York. The case involved school kids in New York City suing the state for a sound basic education under the New York State Constitution. The trial went nine months, and the students won the trial.  He summarizes the process from determining there is a right to finding the remedy.  The remedy involved resources and money, and the case went through another set of hearings to determine the appropriate resolution. Dan also discusses what the research revealed about class sizes, funding, and how the family situation impacts the education of a student.  A Focus on Financial Service CompaniesThe conversation turns to Dan's legal work, focusing on commercial litigation, with a focus on financial services companies, and bankruptcy and bankruptcy-related litigation. He talks about his involvement in a case involving Terry Bollea, also known as Hulk Hogan, in the bankruptcy of Gawker and Gawker's founder. He also touches on how this case helped lead to a change in how the public views the publication of sex tapes. The conversation highlights the importance of understanding the legal landscape and the impact of cases like this on the legal landscape. Skills and Superpowers in LawDan believes that his strengths in law are the strategizing of how to get from here to there, listening to the client, and having a goal in mind. He also mentions being a good writer, which helps convey his thoughts. He initially was less strong at oral arguments but has since improved his skills and persuaded judges to change course and decide for his clients. One example of a successful legal strategy involves listening to clients and helping them figure out what they really want. For example, he has worked with pro bono clients who are more interested in justice than achieving a result. They often get a settlement offer and he explains the consequences if they don't take it. He explains that the lawyer must work through the emotional aspects and consider the implications of suing them and going to court. With corporate clients, Dan emphasizes the importance of listening to clients' goals and working relationships with the other party. A settlement can be a win-win situation for everyone involved, as long as they can continue doing business together. This is a different function of listening to what the client is trying to get out of the case. The Limitations of  Legal EducationDan believes that a course he took from Roger Fisher with the Harvard Negotiation project was more helpful in negotiation and negotiation strategy than anything he learned in law school. He also mentions that law school was more about hearing the cases and understanding the law, rather than emotional intelligence and negotiating strategies. He also mentions that law schools did not teach how to manage junior attorneys and paralegals, which he believes is essential for success in law firms. He talks about the many small inflection points in a lawyer's career, such as meeting the right people and introducing them to potential clients that change or shape direction and offer opportunities. Influential Harvard Professors and CoursesDan mentions the Negotiation course and a Constitutional Law class with H.W. Perry, where he learned how to read legal cases and understand constitutional law. Dan shares a memorable experience while he was taking the Constitutional Law course where he argued a case in front of classmates, including "Chief Justice" Ketanji Brown Jackson, and also mentions learning in an Intro to Psychology course about the concept of idiosyncrasy credits.  

Law School
Constitutional Law (Structure of Government) Lecture Series Summery and Exam Prep

Law School

Play Episode Listen Later Jun 1, 2025 31:39


This podcast discusses fundamental concepts of the United States government and constitutionalism. They highlight the historical roots of limited government, tracing ideas back to ancient thought and European developments like the struggle between church and state and the growth of civil society. Key principles examined include the separation of powers among the executive, legislative, and judicial branches, emphasizing how this structure prevents tyranny and promotes effective governance. Additionally, the concept of federalism is explained, detailing the division of authority between the national and state governments, including the balance of enumerated and reserved powers. Finally, the sources touch upon individual rights, like due process and free speech, noting that these rights are not absolute and can be subject to regulation. The importance of these foundational ideas in shaping the American system is a central theme.

Law School
Constitutional Law Lecture Three: The Role of the Supreme Court and Judicial Review (Part 3 of 3) (Part 2)

Law School

Play Episode Listen Later May 31, 2025 23:46


This lecture explores the role of the Supreme Court in the U.S. constitutional system, focusing primarily on the concept of judicial review, which allows the Court to invalidate laws and actions that conflict with the Constitution. It traces the development of this power, notably through the landmark case Marbury v. Madison, and discusses the limitations on the Court's authority, such as case or controversy jurisdiction and specific doctrines like standing and ripeness. The lecture also examines various methods of constitutional interpretation, including originalism and living constitutionalism, highlights key Supreme Court decisions, and analyzes the Court's relationship with other branches of government. Finally, it touches upon ongoing debates surrounding the judiciary, such as judicial activism versus restraint and the politicization of appointments, and mentions some proposed reforms.This conversation provides a comprehensive overview of judicial review in the U.S., emphasizing its foundational role in constitutional law. It explores the historical context, landmark cases, and the interplay between the Supreme Court and other branches of government. The discussion also delves into ongoing debates about the court's role, including judicial activism versus restraint, and potential reforms to the judicial system.TakeawaysJudicial review is the authority of the courts to examine the constitutionality of legislative acts and executive actions and to invalidate them if they conflict with the Constitution. This power maintains the Constitution's supremacy.In Marbury versus Madison, Chief Justice John Marshall declared that it is the duty of the judicial department to interpret the law, and when a law conflicts with the Constitution, the courts must uphold the Constitution as the superior law.Case or controversy jurisdiction requires the Supreme Court to only decide actual disputes between adverse parties. It prevents the Court from issuing advisory opinions or ruling on hypothetical questions.The standing doctrine requires that a party bringing a case have a concrete, particularized injury directly caused by the defendant's conduct and redressable by the court. It prevents courts from hearing generalized grievances.Originalism focuses on interpreting the Constitution according to its original public meaning at the time it was adopted. Proponents believe this constrains judicial discretion and preserves the text's fixed meaning.Living constitutionalism views the Constitution as a dynamic document that evolves to reflect changing societal values and conditions, ensuring it remains relevant to modern challenges. Originalism, in contrast, emphasizes historical meaning.Martin versus Hunter's Lessee established the Supreme Court's appellate authority over state court decisions involving federal law, ensuring uniform interpretation of federal law across the states.Cooper versus Aaron declared that state officials are bound by the Supreme Court's constitutional interpretations and cannot defy its decisions, underscoring the supremacy of federal constitutional law.United States versus Nixon affirmed that the judiciary has the authority to resolve constitutional disputes involving the executive branch and ordered President Nixon to comply with a subpoena, demonstrating that no one, including the President, is above the law.The Supreme Court lacks the power of the purse or sword and relies on the political branches and the public to comply with its rulings. Public acceptance and institutional legitimacy are crucial for its effectiveness and ability to enforce its decisions.Understanding the Supreme Court and judicial review is essential for constitutional law.Judicial review allows courts to strike down laws that conflict with the Constitution.Marbury v. Madison established the principle of judicial review.The power of judicial review is not explicitly stated in the Constitution.Federal courts can only hear actual cases or

The Constitutionalist
#61 - Bureaucracy and the Constitution w/ Joseph Natali

The Constitutionalist

Play Episode Listen Later May 30, 2025 83:19


On the sixty-first episode, Shane and Ben are joined by Joseph Natali, a Ph.D. student at Baylor University dissertating on the constitutionalism of bureaucracy and how Presidents succeed or fail in exercising control over the executive branch. We want to hear from you! Constitutionalistpod@gmail.com The Constitutionalist is proud to be sponsored by the Jack Miller Center for Teaching America's Founding Principles and History. For the last twenty years, JMC has been working to preserve and promote that tradition through a variety of programs at the college and K-12 levels. Through their American Political Tradition Project, JMC has partnered with more than 1,000 scholars at over 300 college campuses across the country, especially through their annual Summer Institutes for graduate students and recent PhDs. The Jack Miller Center is also working with thousands of K-12 educators across the country to help them better understand America's founding principles and history and teach them effectively, to better educate the next generation of citizens. JMC has provided thousands of hours of professional development for teachers all over the country, reaching millions of students with improved civic learning. If you care about American education and civic responsibility, you'll want to check out their work, which focuses on reorienting our institutions of learning around America's founding principles. To learn more or get involved, visit jackmillercenter.org. The Constitutionalist is a podcast cohosted by Professor Benjamin Kleinerman, the RW Morrison Professor of Political Science at Baylor University and Founder and Editor of The Constitutionalist Blog, Shane Leary, a graduate student at Baylor University, and Dr. Matthew K. Reising, a John and Daria Barry Postdoctoral Research Fellow at Princeton University. Each week, they discuss political news in light of its constitutional implications, and explore a unique constitutional topic, ranging from the thoughts and experiences of America's founders and statesmen, historical episodes, and the broader philosophic ideas that influence the American experiment in government.

united states america american university founders history president donald trump culture power house washington politics college state doctors phd professor colorado joe biden elections washington dc dc local congress political supreme court union senate bernie sanders democracy federal kamala harris blm constitution conservatives heritage nonprofits presidents political science liberal abraham lincoln civil rights impeachment public policy amendment graduate baylor george washington princeton university american history presidency ballot ted cruz public affairs elizabeth warren ideology constitutional thomas jefferson founding fathers mitt romney benjamin franklin electoral college mitch mcconnell supreme court justice baylor university american politics joe manchin john adams rand paul polarization marco rubio chuck schumer alexander hamilton cory booker james madison bureaucracy lindsey graham bill of rights tim scott federalist amy klobuchar civic engagement dianne feinstein rule of law john kennedy senate judiciary committee civil liberties claremont josh hawley polarized mike lee ron johnson supreme court decisions constitutional law house of representatives paul revere ideological george clinton constitutional rights federalism department of education james smith aaron burr rick scott chris murphy tom cotton robert morris thomas paine kirsten gillibrand department of justice political theory bob menendez john witherspoon political philosophy senate hearings constitutional convention constitutional amendments john hancock fourteenth natali susan collins patrick henry john marshall 14th amendment political history benedict arnold chuck grassley department of defense american government samuel adams aei marsha blackburn james wilson john quincy adams john paul jones social activism john jay tim kaine political discourse dick durbin jack miller political thought political debate joni ernst david perdue sherrod brown ben sasse mark warner tammy duckworth john cornyn abigail adams ed markey american experiment checks and balances political commentary grad student ron wyden american presidency originalism michael bennet john thune electoral reform constitutional studies legal education publius john hart department of homeland security political analysis bill cassidy richard blumenthal legal analysis separation of powers national constitution center department of labor chris coons legal history department of energy tammy baldwin constitutionalism american founding chris van hollen civic education james lankford department of transportation tina smith stephen hopkins summer institute richard burr rob portman constitutionalists bob casey benjamin harrison angus king war powers thom tillis jon tester john morton mazie hirono department of agriculture pat toomey judicial review mike braun john dickinson social ethics jeff merkley benjamin rush patrick leahy todd young jmc gary peters debbie stabenow landmark cases deliberative democracy american constitution society george taylor department of veterans affairs civic responsibility civic leadership demagoguery historical analysis samuel huntington founding principles political education constitutional government charles carroll lamar alexander cory gardner temperance movement ben cardin antebellum america department of state kevin cramer george ross mike rounds cindy hyde smith department of commerce revolutionary america apush state sovereignty brian schatz founding documents civic participation jim inhofe constitutional change gouverneur morris founding era early american republic roger sherman contemporary politics martin heinrich maggie hassan jeanne shaheen constitutional advocacy john barrasso roger wicker pat roberts william williams american political thought elbridge gerry william floyd george wythe jacky rosen mercy otis warren constitutional accountability center civic learning living constitution department of the interior tom carper richard henry lee constitutional affairs constitutional conventions samuel chase american political development alcohol prohibition richard stockton legal philosophy mike crapo department of health and human services government structure american governance constitutional conservatism lyman hall constitutional rights foundation constitutional literacy
The Big 550 KTRS
Greg Willard SLU Constitutional Law Professor

The Big 550 KTRS

Play Episode Listen Later May 30, 2025 13:17


Greg Willard SLU Constitutional Law Professor by

Law School
Constitutional Law (Structure of Government) Lecture Series Part Three: The Role of the Supreme Court and Judicial Review (Part 3 of 3)

Law School

Play Episode Listen Later May 30, 2025 12:54


This lecture series explores the critical role of the Supreme Court in the American constitutional system, focusing on judicial review, interpretive methods, landmark cases, and the relationship between the judiciary and political branches. It discusses the origins, scope, and limits of judicial review, as well as major debates surrounding judicial activism and reform proposals.TakeawaysThe Supreme Court's role is central to the constitutional system.Judicial review allows courts to invalidate unconstitutional laws.The doctrine of standing limits who can bring cases to court.Interpretive methods include originalism, living constitutionalism, and textualism.Landmark cases illustrate the power of judicial review.The judiciary is an independent branch but interacts with political branches.Judicial activism and restraint are ongoing debates in constitutional law.Substantive due process protects rights not explicitly mentioned in the Constitution.The politicization of judicial appointments raises concerns about legitimacy.Reform proposals include term limits and changes to court jurisdiction.Supreme Court, Judicial Review, Constitutional Law, Interpretive Methods, Landmark Cases, Political Branches, Judicial Activism, Judicial Restraint, Legal Reform, Constitutional Interpretation

The BradCast w/ Brad Friedman
'BradCast' 5/29/2025 (Encore: Constitutional law expert Justin Levitt on court ruling blocking use of Voting Rights Act by voters)

The BradCast w/ Brad Friedman

Play Episode Listen Later May 29, 2025 57:51


Law School
Constitutional Law (Structure of Government) Lecture Series Part Two: Federalism and the Division of Powers (Part 2 of 2) (Part 2 of 2)

Law School

Play Episode Listen Later May 29, 2025 11:39


This lecture outlines the foundational principles of federalism in the United States, explaining the division of power between the federal government and individual states. It defines federalism by contrasting it with unitary and confederate systems, then details how the U.S. Constitution establishes this structure through enumerated powers for the federal government and reserved powers for the states via the Tenth Amendment. The lecture also highlights crucial constitutional clauses like the Necessary and Proper Clause, the Supremacy Clause, and the Commerce Clause, discussing their impact on the balance of power and examining their interpretation through landmark Supreme Court cases such as McCulloch v. Maryland, Gibbons v. Ogden, and United States v. Lopez, showcasing the evolving nature of federal authority.Federalism as a Core Principle: The lecture emphasizes that federalism is not merely a theoretical concept but is "at the very core of the United States constitutional system." It represents a "sophisticated division of powers" between the national government and the individual states, designed to achieve a "balance between national unity and the preservation of state autonomy." This system contrasts with unitary systems (centralized power) and confederations (states retaining dominant sovereignty).Constitutional Basis for Federalism: The document outlines the specific constitutional provisions that establish and delineate federalism:Enumerated Powers (Article One, Section Eight): The Constitution lists specific powers granted to the federal government, such as regulating interstate commerce, coining money, declaring war, and raising armies. These are presented as a "carefully selected set of responsibilities deemed essential for the national government to effectively function."Implied Powers (Necessary and Proper Clause, Article One, Section Eight): This clause grants Congress the power to enact laws "necessary and proper" for carrying out its enumerated powers. It is described as a "vital source of flexibility," allowing the federal government to adapt and effectively exercise its responsibilities.Reserved Powers (Tenth Amendment): This amendment states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This reinforces the principle of limited federal power and affirms the states' broad authority over matters not specifically assigned to the national government, including "health, safety, welfare, and morals" (police powers).Supremacy Clause (Article Six, Clause Two): This clause establishes the hierarchy of law, declaring the Constitution, federal laws, and treaties as the "supreme Law of the Land." It ensures that "federal law will prevail" in cases of direct conflict with state law and prevents states from undermining valid federal laws.The Significance of the Commerce Clause: The Commerce Clause (Article One, Section Eight, Clause Three), granting Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes," is highlighted as a "most significant and frequently litigated sources of federal authority." Its interpretation has "profoundly influenced the balance of power between the federal government and the states," reflecting "evolving societal needs and philosophical perspectives."Landmark Supreme Court Cases and their Impact: The lecture reviews key cases illustrating the evolution of federalism and the interpretation of federal power:Federalism, Division of Powers, Constitutional Law, Supreme Court, State Sovereignty, Commerce Clause, Judicial Review, Implied Powers, Sovereign Immunity, Civil Rights

Not Another Politics Podcast
Is Trump Copying Obama's Playbook on Universities?

Not Another Politics Podcast

Play Episode Listen Later May 28, 2025 57:46


What if the recent crackdown on elite universities didn't start with Trump—but with Obama? In this episode, we trace a surprising through-line connecting Obama's Title IX enforcement to Trump's Title VI threats. Harvard Law Professor Jacob Gersen joins us to reveal how both presidents used informal bureaucratic tools to reshape higher education—often without Congress. What does this say about presidential power and academic freedom in America?Papers discussed:“The Sex Bureaucracy”: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2750143“The Six Bureaucracy”: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5199652

The Learning Curve
AUS U-Adelaide's Wilfrid Prest on Sir William Blackstone & Anglo-American Common Law

The Learning Curve

Play Episode Listen Later May 28, 2025 45:10


In this episode of The Learning Curve, co-hosts U-Arkansas Prof. Albert Cheng and Ret. MN Justice Barry Anderson speak with Wilfrid Prest, Emeritus Professor and Visiting Research Fellow in History and Law at the University of Adelaide in Australia, and biographer of Sir William Blackstone, among the most influential figures in the history of English common law. Prof. Prest discusses Blackstone's formative years in mid-18th-century London and at Pembroke College, Oxford, where a classical education, Enlightenment thought, and legal scholarship shaped his intellectual path. He describes Blackstone's early legal and academic career, including his role as the first Vinerian Professor of English Law and author of An Analysis of the Laws of England. Prest explores how Blackstone's Commentaries on the Laws of England brought clarity and coherence to England's centuries old legal tradition, drawing from foundational documents like Magna Carta and formative figures such as Bracton, Fortescue, and Coke. He examines the Commentaries' lasting impact on American Founding Fathers, including both admirers like Alexander Hamilton and Chief Justice John Marshall and critics like Thomas Jefferson. Prest concludes with reflections on Blackstone's enduring legacy in promoting the rule of law and legal education worldwide. In closing, Prof. Prest reads a passage from his book, William Blackstone: Law and Letters in the Eighteenth Century. 

Law School
Constitutional Law (Structure of Government) Lecture Series Part Two: Federalism and the Division of Powers (Part 2 of 2)

Law School

Play Episode Listen Later May 28, 2025 9:47


This lecture explores the concept of federalism and the division of powers between the federal government and the states, highlighting constitutional provisions, landmark Supreme Court cases, and ongoing debates surrounding the balance of power. It emphasizes the practical applications of federalism in areas such as civil rights and environmental regulation, while also addressing criticisms and proposals for reform.TakeawaysFederalism is a system where power is divided between national and state governments.The Constitution enumerates specific powers for the federal government.The Necessary and Proper Clause allows for implied powers.The Supremacy Clause establishes federal law as the highest authority.The Commerce Clause has been interpreted in various ways by the Supreme Court.Landmark cases like McCulloch v. Maryland shaped federalism.Debates continue over the balance of power between state and national governments.Sovereign immunity limits individuals' ability to sue states.Federalism can promote local solutions but may also entrench inequality.Reform proposals include re-examining sovereign immunity and federal power limits.Federalism, Division of Powers, Constitutional Law, Supreme Court, State Sovereignty, Commerce Clause, Judicial Review, Implied Powers, Sovereign Immunity, Civil Rights

Law School
Constitutional Law (Structure of Government) Lecture Series Part One: The Constitution's Framework and Separation of Powers (Part 2 of 2)

Law School

Play Episode Listen Later May 27, 2025 17:53


This conversation provides a comprehensive overview of constitutional law, focusing on the separation of powers, checks and balances, and landmark Supreme Court cases. It emphasizes the importance of understanding these principles for law students and highlights ongoing debates regarding executive power and the role of the judiciary.This conversation serves as the first lecture in a series on Constitutional Law, specifically focusing on the structure of the U.S. government. It introduces the fundamental principles of the Constitution, including its historical context and the concept of Constitutional Law. The lecture then outlines the three branches of government—Legislative, Executive, and Judicial—as defined by the Constitution. A key focus is the doctrine of separation of powers and the interconnected system of checks and balances designed to prevent any single branch from becoming too powerful. Finally, the lecture discusses landmark Supreme Court cases that have interpreted and shaped our understanding of these structural principles.TakeawaysConstitutional Law is primarily derived from the United States Constitution. Its fundamental role is to govern the relationships between the branches of government, between the federal government and the states, and between the government and individuals.The U.S. Constitution was drafted in 1787 and ratified in 1788, taking effect in 1789. It replaced the Articles of Confederation.The Preamble outlines the foundational purposes and guiding values of the Constitution, such as forming a more perfect union, establishing justice, and securing the blessings of liberty.The doctrine of separation of powers refers to the division of governmental functions into three distinct branches: the Legislative, Executive, and Judicial branches.The two chambers of the U.S. Congress are the House of Representatives and the Senate. Article One of the Constitution governs the Legislative Branch.The Necessary and Proper Clause gives Congress the authority to make all laws which shall be necessary and proper for carrying into execution its enumerated powers. This clause has been a source of debate regarding the scope of federal legislative authority.Key powers of the President include serving as Commander-in-Chief, making treaties with Senate consent, appointing federal officers and judges, and ensuring that the laws are faithfully executed.Congress can override a President's veto power by a two-thirds vote in both the House of Representatives and the Senate.The principle of judicial review was established in Marbury v. Madison. It means that the Supreme Court has the power to interpret the Constitution and federal law and to invalidate laws or executive actions that are inconsistent with the Constitution.The Supreme Court struck down the legislative veto in INS v. Chadha because it violated the separation of powers by circumventing the constitutional requirements for legislative action, specifically bicameralism (passage by both houses) and presentment (submission to the President).The Constitution sets up three distinct branches: legislative, executive, and judicial.These branches interact through a system of checks and balances to prevent any one branch from dominating.Landmark cases like Marbury, Youngstown, Chadha, Clinton, and Mistretta illustrate how these principles work in practice.The system is dynamic, with ongoing debates about the balance of power, especially regarding executive authority.Understanding these concepts is fundamental for legal analysis in any area of law involving government.The separation of powers framework is designed to prevent tyranny but can lead to gridlock.The judiciary's role in interpreting laws can lead to debates about judicial activism versus restraint.The administrative state raises questions about accountability and the delegation of power.The balance of power has shifted towards the executive branch over time, raising concerns.

Strict Scrutiny
A Blockbuster Non-Opinion and a Fascism Grab Bag

Strict Scrutiny

Play Episode Listen Later May 26, 2025 84:11


Melissa, Leah, and Kate kick the show off with a look at the Court's 4-4 deadlock on Oklahoma's religious charter school case. Then, it's a romp through the shadow docket, Judge Jim Ho's sweaty pleas for attention, Kristi Noem's humiliating Senate hearing, and selections from Trump's fascism grab bag. Leah also speaks with Professor Noah Rosenblum of NYU School of Law about the 6-3 decision from the Court allowing the president to fire federal commissioners without cause.Hosts' favorite things:Kate: Read Your Way Through New York City (NYT); Girl on Girl How: Pop Culture Turned a Generation of Women Against Themselves, Sophie Gilbert; Cahokia Jazz, Francis SpuffordLeah: Matt Kacsmaryk Shouldn't Be a Judge, Chris Geidner (Law Dork); Let Them Stare, Julie Murphy and Jonathan Van Ness; Kissing Girls on Shabbat, Sara Glass; The Duke of Shadows, Meredith DuranMelissa: The Four Seasons (Netflix); Matriarch, Tina Knowles Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC6/12 – NYC10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

Law School
Constitutional Law (Structure of Government) Lecture Series Part One: The Constitution's Framework and Separation of Powers (Part 1 of 2)

Law School

Play Episode Listen Later May 26, 2025 11:54


This lecture explores the foundational framework of the United States Constitution, focusing on the separation of powers among the legislative, executive, and judicial branches. It discusses the key powers and functions of each branch, the system of checks and balances, landmark Supreme Court cases, and contemporary debates surrounding the constitutional framework.TakeawaysConstitutional law is derived from the United States Constitution.The Constitution serves as the supreme law of the land.The separation of powers divides government functions into three branches.Each branch operates independently but is interconnected through checks and balances.Congress is the legislative branch closest to the people.The President has significant powers, including veto authority.The judiciary interprets the Constitution and federal law.Judicial review is a key principle established by Marbury v. Madison.Impeachment serves as a check on federal officials, including the President.Contemporary debates focus on the efficiency and power dynamics within the government.Constitutional Law is primarily derived from the United States Constitution. Its fundamental role is to govern the relationships between the branches of government, between the federal government and the states, and between the government and individuals.The U.S. Constitution was drafted in 1787 and ratified in 1788, taking effect in 1789. It replaced the Articles of Confederation.The Preamble outlines the foundational purposes and guiding values of the Constitution, such as forming a more perfect union, establishing justice, and securing the blessings of liberty.The doctrine of separation of powers refers to the division of governmental functions into three distinct branches: the Legislative, Executive, and Judicial branches.The two chambers of the U.S. Congress are the House of Representatives and the Senate. Article One of the Constitution governs the Legislative Branch.The Necessary and Proper Clause gives Congress the authority to make all laws which shall be necessary and proper for carrying into execution its enumerated powers. This clause has been a source of debate regarding the scope of federal legislative authority.Key powers of the President include serving as Commander-in-Chief, making treaties with Senate consent, appointing federal officers and judges, and ensuring that the laws are faithfully executed.Congress can override a President's veto power by a two-thirds vote in both the House of Representatives and the Senate.The principle of judicial review was established in Marbury v. Madison. It means that the Supreme Court has the power to interpret the Constitution and federal law and to invalidate laws or executive actions that are inconsistent with the Constitution.The Supreme Court struck down the legislative veto in INS v. Chadha because it violated the separation of powers by circumventing the constitutional requirements for legislative action, specifically bicameralism (passage by both houses) and presentment (submission to the President).

The Constitutionalist
#60 - Educating the Statesman with Shilo Brooks

The Constitutionalist

Play Episode Listen Later May 24, 2025 59:57


On the sixtieth episode, Matthew and Ben are joined by Shilo Brooks, Executive Director of the James Madison Program in American Ideals and Institutions at Princeton University, to discuss his immensely popular course "The Art of Statesmanship and the Political Life." We want to hear from you! Constitutionalistpod@gmail.com The Constitutionalist is proud to be sponsored by the Jack Miller Center for Teaching America's Founding Principles and History. For the last twenty years, JMC has been working to preserve and promote that tradition through a variety of programs at the college and K-12 levels. Through their American Political Tradition Project, JMC has partnered with more than 1,000 scholars at over 300 college campuses across the country, especially through their annual Summer Institutes for graduate students and recent PhDs. The Jack Miller Center is also working with thousands of K-12 educators across the country to help them better understand America's founding principles and history and teach them effectively, to better educate the next generation of citizens. JMC has provided thousands of hours of professional development for teachers all over the country, reaching millions of students with improved civic learning. If you care about American education and civic responsibility, you'll want to check out their work, which focuses on reorienting our institutions of learning around America's founding principles. To learn more or get involved, visit jackmillercenter.org. The Constitutionalist is a podcast cohosted by Professor Benjamin Kleinerman, the RW Morrison Professor of Political Science at Baylor University and Founder and Editor of The Constitutionalist Blog, Shane Leary, a graduate student at Baylor University, and Dr. Matthew K. Reising, a John and Daria Barry Postdoctoral Research Fellow at Princeton University. Each week, they discuss political news in light of its constitutional implications, and explore a unique constitutional topic, ranging from the thoughts and experiences of America's founders and statesmen, historical episodes, and the broader philosophic ideas that influence the American experiment in government.

united states america american university founders history president donald trump culture power art house washington politics college state doctors phd professor colorado joe biden executive director elections washington dc dc local congress political supreme court union senate bernie sanders democracy federal kamala harris blm constitution conservatives heritage nonprofits political science liberal abraham lincoln civil rights impeachment public policy amendment graduate educating baylor george washington princeton university american history presidency ballot ted cruz public affairs institutions elizabeth warren ideology constitutional thomas jefferson founding fathers mitt romney benjamin franklin electoral college mitch mcconnell supreme court justice baylor university american politics joe manchin john adams rand paul polarization marco rubio chuck schumer alexander hamilton cory booker james madison lindsey graham bill of rights tim scott federalist amy klobuchar civic engagement dianne feinstein rule of law john kennedy senate judiciary committee civil liberties claremont josh hawley polarized mike lee ron johnson supreme court decisions constitutional law house of representatives paul revere ideological george clinton constitutional rights federalism department of education james smith aaron burr rick scott chris murphy tom cotton robert morris thomas paine kirsten gillibrand department of justice political theory bob menendez political philosophy john witherspoon senate hearings constitutional convention constitutional amendments john hancock fourteenth statesman susan collins patrick henry john marshall 14th amendment benedict arnold chuck grassley department of defense american government aei samuel adams marsha blackburn james wilson john quincy adams john paul jones social activism john jay tim kaine political discourse dick durbin jack miller political thought joni ernst political debate david perdue sherrod brown ben sasse shilo mark warner tammy duckworth political leadership john cornyn abigail adams ed markey american experiment checks and balances political commentary grad student ron wyden american presidency originalism michael bennet john thune electoral reform constitutional studies legal education publius political life john hart department of homeland security bill cassidy richard blumenthal legal analysis separation of powers national constitution center department of labor chris coons legal history department of energy tammy baldwin constitutionalism american founding chris van hollen liberal education civic education department of transportation james lankford tina smith stephen hopkins summer institute american ideals richard burr rob portman constitutionalists statesmanship bob casey benjamin harrison angus king war powers thom tillis jon tester john morton james madison program mazie hirono department of agriculture pat toomey judicial review mike braun john dickinson social ethics jeff merkley benjamin rush patrick leahy todd young jmc gary peters landmark cases debbie stabenow deliberative democracy american constitution society george taylor department of veterans affairs civic responsibility civic leadership demagoguery historical analysis samuel huntington founding principles moral leadership constitutional government political education charles carroll lamar alexander cory gardner temperance movement ben cardin antebellum america department of state kevin cramer george ross cindy hyde smith mike rounds apush department of commerce revolutionary america state sovereignty brian schatz founding documents civic participation jim inhofe constitutional change gouverneur morris founding era roger sherman early american republic contemporary politics martin heinrich maggie hassan jeanne shaheen constitutional advocacy pat roberts john barrasso roger wicker william williams american political thought elbridge gerry george wythe william floyd jacky rosen mercy otis warren constitutional accountability center living constitution civic learning department of the interior tom carper richard henry lee samuel chase american political development constitutional conventions alcohol prohibition richard stockton legal philosophy mike crapo department of health and human services government structure american governance lyman hall constitutional conservatism constitutional rights foundation constitutional literacy
The BradCast w/ Brad Friedman
'BradCast' 5/19/2025 (Guest: Constitutional law expert Justin Levitt on court ruling blocking use of Voting Rights Act by voters)

The BradCast w/ Brad Friedman

Play Episode Listen Later May 20, 2025 57:40


Business Blasphemy
EP111: Money Isn't Everything: The Currency of Joy with Joseline Hardrick

Business Blasphemy

Play Episode Listen Later May 20, 2025 38:03 Transcription Available


Send us a textThis week I sit down with powerhouse Law prof, lawyer, and creative force, Joseline Hardrick to dismantle the myth that success always requires monetization. Together we explore why joy is its own form of wealth, how to resist the pressure to turn every skill into a hustle, and what business owners actually need to prioritize to build a life of meaning, especially in a world that monetizes everything.We cover: The trap of over-adaptation and why joy is a necessary form of self-preservation.Why "not everything has to make you money" needs to be a non-negotiable mindset shift.How to build your life around joy, not the other way around.The 5 forms of wealth beyond money every entrepreneur should protect.The real meaning of freedom, especially for women juggling caregiving and ambition.Whether you're overwhelmed by hustle culture or finally ready to make your business feel like it's actually yours, this episode is your permission slip to start doing things differently.Guest Bio:Meet Joseline Jean-Louis Hardrick, the multitasking dynamo who's rewriting the script for what it means to be a modern-day legal superstar. By day, she's molding the minds of future attorneys as an Associate Professor at Cooley Law School, teaching Constitutional Law and Criminal Law. By night (and probably any other available time), she's the founder and president of Diversity Access Pipeline, Inc., better known as Journey to Esquire ®, a nonprofit dedicated to promoting diversity and providing access to law students through scholarships, leadership programs, podcasts, and blogs and Lawyerish® a business that emperors every legal journey.Connect with Joseline:joselinehardrick.comhttps://www.facebook.com/jhardrick/https://twitter.com/JJHardrickhttps://www.instagram.com/jjhardrick/https://www.youtube.com/channel/UCdbU42gg7FDNrsUzLL0kUmQJourney to Esquire Youtube: https://www.youtube.com/@journeytoesq Let Your Light Shine on Youtube: https://www.youtube.com/playlist?list=PL1h_eD1pKLj8V01ZJ5mo7PMIhNN8-8mCY Support the showLove what you heard? Let's stay connected! Subscribe to my newsletter for bold insights on leadership, strategy, and building your legacy — straight to your inbox every week. Follow me on LinkedIn for more no-nonsense advice on leading with power and purpose. And if you're ready to dive even deeper, grab a copy of my book Bite-Sized Blasphemy and ignite your inner fire to do life and business your way. The Business Blasphemy Podcast is sponsored by Corporate Rehab® Strategic Consulting.

Strict Scrutiny
Will the Courts Let Trump End Birthright Citizenship?

Strict Scrutiny

Play Episode Listen Later May 19, 2025 104:06


May is supposed to be the calm before June's opinion storm in SCOTUS-land, but not in Trump's America. Melissa, Kate, and Leah kick off the show with the latest news, including Stephen Miller's habeas suspension fantasies and the president's blatant disregard of the emoluments clause when it comes to free jumbo jets. Then, the hosts are joined by professor Elora Mukherjee of Columbia Law School to break down last week's oral arguments in the Court's blockbuster birthright citizenship case. Hosts' favorite things:Kate: Second Life: Having a Child in the Digital Age, Amanda Hess; Harvard Paid $27 for a Copy of Magna Carta. Surprise! It's an Original, Stephen Castle (NYT)Leah: My Friends, Fredrik Backman; Senator Sheldon Whitehouse on All Rise News; Melissa: Weight Watchers Got One Thing Very Right, Jennifer Rubin (NYT); This Is Big: How the Founder of Weight Watchers Changed the World -- And Me, Marisa Meltzer; Forever (Netflix) Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC6/12 – NYC10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes Follow us on Instagram, Threads, and Bluesky

The BradCast w/ Brad Friedman
'BradCast' 5/16/2025 (Encore: Constitutional Law and impeachment expert, John Bonifaz)

The BradCast w/ Brad Friedman

Play Episode Listen Later May 16, 2025 58:04


The Constitutionalist
#59 - Tocqueville - The Omnipotence of the Majority

The Constitutionalist

Play Episode Listen Later May 16, 2025 52:00


On the fifty-ninth episode of the Constitutionalist, Ben and Matthew discuss Volume 1, Part 2, Chapter 7 of Alexis De Tocqueville's "Democracy in America" on the omnipotence of the majority. They discuss Tocqueville's warnings of the detrimental effects of democracy on the citizen. We want to hear from you! Constitutionalistpod@gmail.com The Constitutionalist is proud to be sponsored by the Jack Miller Center for Teaching America's Founding Principles and History. For the last twenty years, JMC has been working to preserve and promote that tradition through a variety of programs at the college and K-12 levels. Through their American Political Tradition Project, JMC has partnered with more than 1,000 scholars at over 300 college campuses across the country, especially through their annual Summer Institutes for graduate students and recent PhDs. The Jack Miller Center is also working with thousands of K-12 educators across the country to help them better understand America's founding principles and history and teach them effectively, to better educate the next generation of citizens. JMC has provided thousands of hours of professional development for teachers all over the country, reaching millions of students with improved civic learning. If you care about American education and civic responsibility, you'll want to check out their work, which focuses on reorienting our institutions of learning around America's founding principles. To learn more or get involved, visit jackmillercenter.org. The Constitutionalist is a podcast co-hosted by Professor Benjamin Kleinerman, the RW Morrison Professor of Political Science at Baylor University and Founder and Editor of The Constitutionalist Blog, Shane Leary, a graduate student at Baylor University, and Dr. Matthew Reising, a John and Daria Barry Postdoctoral Research Fellow at Princeton University. Each week, they discuss political news in light of its constitutional implications, and explore a unique constitutional topic, ranging from the thoughts and experiences of America's founders and statesmen, historical episodes, and the broader philosophic ideas that influence the American experiment in government.

united states america american university founders history president donald trump culture power washington politics college state doctors phd professor colorado joe biden washington dc dc local congress political supreme court union senate bernie sanders democracy federal kamala harris blm constitution conservatives heritage nonprofits political science liberal abraham lincoln civil rights impeachment public policy amendment graduate baylor george washington princeton university american history presidency ballot ted cruz public affairs majority elizabeth warren ideology constitutional thomas jefferson founding fathers mitt romney benjamin franklin electoral college mitch mcconnell supreme court justice baylor university american politics joe manchin john adams rand paul polarization marco rubio chuck schumer alexander hamilton cory booker james madison lindsey graham bill of rights tim scott amy klobuchar civic engagement dianne feinstein rule of law john kennedy senate judiciary committee civil liberties claremont josh hawley polarized mike lee ron johnson supreme court decisions constitutional law house of representatives paul revere george clinton constitutional rights federalism department of education james smith aaron burr rick scott chris murphy tom cotton omnipotence robert morris alexis de tocqueville thomas paine kirsten gillibrand department of justice political theory bob menendez political philosophy john witherspoon senate hearings constitutional convention constitutional amendments john hancock fourteenth susan collins patrick henry john marshall 14th amendment political history benedict arnold chuck grassley department of defense american government samuel adams aei marsha blackburn james wilson john quincy adams john paul jones social activism john jay tim kaine political discourse dick durbin jack miller political thought political debate joni ernst sherrod brown david perdue ben sasse mark warner tammy duckworth john cornyn abigail adams ed markey american experiment checks and balances political commentary grad student ron wyden originalism michael bennet john thune electoral reform constitutional studies legal education publius department of homeland security political analysis john hart bill cassidy legal analysis richard blumenthal separation of powers national constitution center department of labor chris coons legal history tammy baldwin american founding constitutionalism chris van hollen civic education department of transportation james lankford tina smith stephen hopkins summer institute richard burr rob portman constitutionalists bob casey benjamin harrison angus king war powers thom tillis jon tester mazie hirono john morton department of agriculture pat toomey judicial review mike braun john dickinson social ethics jeff merkley benjamin rush patrick leahy todd young jmc gary peters landmark cases debbie stabenow deliberative democracy american constitution society department of veterans affairs george taylor civic responsibility civic leadership demagoguery historical analysis samuel huntington founding principles constitutional government political education charles carroll lamar alexander cory gardner temperance movement ben cardin antebellum america department of state kevin cramer george ross cindy hyde smith mike rounds apush department of commerce revolutionary america state sovereignty brian schatz founding documents civic participation jim inhofe constitutional change gouverneur morris founding era early american republic roger sherman contemporary politics martin heinrich maggie hassan constitutional advocacy jeanne shaheen pat roberts john barrasso roger wicker william williams american political thought elbridge gerry william floyd george wythe jacky rosen mercy otis warren constitutional accountability center civic learning department of the interior tom carper richard henry lee american political development samuel chase constitutional conventions alcohol prohibition richard stockton mike crapo department of health and human services government structure american governance constitutional conservatism lyman hall constitutional rights foundation constitutional literacy
DMZ America with Ted Rall & Scott Stantis
DMZ America Podcast Ep 203: "SCOTUS to Decide Birthright Citizenship”

DMZ America with Ted Rall & Scott Stantis

Play Episode Listen Later May 16, 2025 50:03


This week's DMZ America podcast delivers a compelling deep dive into the Supreme Court's high-stakes oral arguments on national stays, separation of powers, and the 14th Amendment. Hosts Ted Rall and Scott Stantis, joined by legal expert Ricardo Aparicio, unpack a case that could reshape the core of American governance. The Court is grappling with the controversial use of nationwide injunctions that halt federal policies, the boundaries of authority between the executive, legislative, and judicial branches, and the 14th Amendment's role in safeguarding rights in today's polarized climate.These arguments strike at the heart of how power is balanced and how laws are enforced across the nation. With the potential to set precedents that will echo for decades, the outcome could redefine judicial reach and constitutional interpretation. What's at stake for democracy when the justices weigh these monumental issues? How will their rulings impact the fabric of American law? Tune in for an incisive, serious discussion that cuts through the complexity, offering sharp insights into a defining moment for the nation's highest court.The DMZ America Podcast is recorded weekly by political cartoonists Ted Rall and Scott Stantis. Twitter/X: @scottstantis and @tedrallWeb: Rall.com

DMZ America with Ted Rall & Scott Stantis
DMZ America Podcast Ep 203: "SCOTUS to Decide Birthright Citizenship”

DMZ America with Ted Rall & Scott Stantis

Play Episode Listen Later May 16, 2025 50:03


This week's DMZ America podcast delivers a compelling deep dive into the Supreme Court's high-stakes oral arguments on national stays, separation of powers, and the 14th Amendment. Hosts Ted Rall and Scott Stantis, joined by legal expert Ricardo Aparicio, unpack a case that could reshape the core of American governance. The Court is grappling with the controversial use of nationwide injunctions that halt federal policies, the boundaries of authority between the executive, legislative, and judicial branches, and the 14th Amendment's role in safeguarding rights in today's polarized climate.These arguments strike at the heart of how power is balanced and how laws are enforced across the nation. With the potential to set precedents that will echo for decades, the outcome could redefine judicial reach and constitutional interpretation. What's at stake for democracy when the justices weigh these monumental issues? How will their rulings impact the fabric of American law? Tune in for an incisive, serious discussion that cuts through the complexity, offering sharp insights into a defining moment for the nation's highest court.The DMZ America Podcast is recorded weekly by political cartoonists Ted Rall and Scott Stantis. Twitter/X: @scottstantis and @tedrallWeb: Rall.com

Entitled
Why Mahmoud Khalil's Lawyer Is Losing Faith In The Justice System

Entitled

Play Episode Listen Later May 15, 2025 46:58


As student protests over Gaza sweep college campuses, one case is testing the limits of free speech and immigration law in America. Mahmoud Khalil, a Columbia student and lawful permanent resident, was arrested by ICE without a warrant and sent to a remote detention center in Louisiana—allegedly for his political advocacy.In this episode, we sit down with Khalil's lawyer Baher Azmy, who is also the Legal Director of the Center of Constitutional Rights, to unpack the disturbing legal maneuver behind Khalil's detention: a rarely used immigration clause that gives the Secretary of State near-total discretion to deport individuals deemed a “foreign policy risk.” What does this case reveal about the future of dissent and academic freedom?

Then & Now
Are There Limits to Presidential Power? A Conversation about the Unitary Executive Theory with John Mikhail.

Then & Now

Play Episode Listen Later May 14, 2025 44:40


In this week's episode of then & now, we are joined by John Mikhail, Carroll Professor of Jurisprudence at Georgetown University Law Center, for a deep dive into the controversial theory of the unitary executive. Rooted in the Constitution's Vesting Clause, this theory asserts that the president holds centralized control over the executive branch. While the theory has longstanding roots in constitutional debates, the Trump administration has embraced and expanded this interpretation in unprecedented ways. John Mikhail traces the theory's historical origins, its legal evolution, and its increasingly assertive use under Trump 2.0. He examines how this broad view of executive power threatens the traditional balance among the three branches of government and raises pressing concerns about the future of checks and balances in the American constitutional system.John Mikhail is the Carroll Professor of Jurisprudence at Georgetown University Law Center, where he has taught since 2004.  He teaches and writes on a variety of topics, including constitutional law, moral psychology, moral and legal theory, cognitive science, legal history, criminal law, torts, international law, and human rights. Professor Mikhail is the author of Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2011) and over fifty articles, chapters, essays, and reviews in peer-edited journals, law reviews, and anthologies.Further ReadingThe Vesting ClauseThe Unitary Executive Theory (UET), Cornell Law School

Law School
Criminal Procedure Law Lecture One: Constitutional Foundations and the Fourth Amendment (Part 1 of 3)

Law School

Play Episode Listen Later May 12, 2025 17:06


This lecture provides a comprehensive overview of the constitutional foundations of criminal procedure law, focusing on the Fourth Amendment. It explores the sources of criminal procedure, the significance of judicial interpretation, and the balance between law enforcement and individual rights. Key topics include the definitions of searches and seizures, warrant requirements, exceptions to these requirements, and the implications of modern technology on privacy rights. The lecture concludes with a discussion on the exclusionary rule and its impact on the justice system.TakeawaysThe Fourth Amendment establishes protections against unreasonable searches and seizures.Judicial decisions play a crucial role in interpreting constitutional provisions.The concept of reasonable expectation of privacy is central to Fourth Amendment analysis.Warrants must be issued by a neutral magistrate based on probable cause.Exceptions to the warrant requirement include searches incident to arrest and exigent circumstances.The exclusionary rule prevents illegally obtained evidence from being used in court.The good faith exception allows some leeway for law enforcement actions.Modern technology poses new challenges to Fourth Amendment protections.The open fields doctrine limits privacy rights in areas outside the home.Policy debates continue regarding the balance between law enforcement and individual rights.Criminal Procedure, Fourth Amendment, Searches, Seizures, Warrant Requirements, Exclusionary Rule, Privacy Rights, Law Enforcement, Constitutional Law, Judicial Interpretation

Low Tox Life
432. Adam Scott Kunz - The human struggle between freedom and security and how to think critically.

Low Tox Life

Play Episode Listen Later May 11, 2025 78:54


Cult thinking. Groupthink. Black and white thinking. “Loud, vocal thinkers' and how extreme sound bites dominate the modern media landscape thanks to algorithms, painting a ‘majority picture' when most people are not living out those extremes in day-to-day lives.It's quite a time to be alive, and also a time when it's very easy to let the fear of something cloud our ability to judge the reality of a situation fully. Is “Apatheism” a new way forward? I've always been fascinated by people we turn into our saviours and gurus, as well as charismatic authoritarians who sweep in and seduce us in our personal or collective vulnerable times.. That moment we start rationalising and making excuses for a cult leader, where perhaps a couple of years ago, we'd have been dead against that very thing/person we now defend.On Monday, I explore the murky waters of freedom, autonomy, cults and social systems with Professor of Political Science and Constitutional Law, Adam Scott Kunz, who specialises in cults and political philosophy and has worked alongside the famed Dr Janja Lalich, considered a global authority on cults, until her recent retirement.This show is NOT an attack on anyone, your beliefs, your religion, the diet you feel healthiest on or other held views, but a show to see how we can ensure we are “critical thinking” and not just believing we are, and how we can balance beliefs with values with freedom and come together on common overlaps that benefit us all and how we all struggle with freedom and belonging and ‘others'. One thing I know for sure after this conversation is that the best thing is to know we don't know anything for sure. So there you go! I hope you tune into this fascinating exploration… Alexx xWant to learn more about this week's guest? Website: www.adamkunz.com Thank you to this month's show partners for joining us to help you make your low tox swaps! @ausclimate is our major partner giving you 10% off their range for 2025, with Winix Air Purifiers, Dehumidifiers and their new energy-efficient heating, air-circulating and cooling range. code LOWTOXLIFE (also works over and above their sales - pro tip!) https://bit.ly/ShopAusclimate@ediblebeautyau has put together a generous offer for us - 30% off for the month of May with code: LOWTOXLIFE. Seriously. Why not indulge yourself in the ultimate low tox facial, for some self-pampering this month?!Be sure to join me on Instagram @lowtoxlife and tag me with your shares and AHAs.Want to support the Low Tox Life podcast?Free option: Leave a 5 star review wherever you listen to Low Tox Life - thanks SO much!Paid + Member PERKS: Join the Low Tox Club - monthly practitioner live masterclasses, a suite of low tox store discounts from around the world and the most supportive and lovely chat group on all low tox topics on the internet: Check it out and join here for just the price of a coffee per month! Hosted on Acast. See acast.com/privacy for more information.

Justice Above All
Reproductive Justice and the Role of Birthing Centers

Justice Above All

Play Episode Listen Later May 11, 2025 41:56


This episode of Justice Above All highlights the centrality of birthing centers, which provide historically informed and culturally competent care to Black birthing people, to the realization of reproductive justice. We will discuss a wave of new state-level regulations that are severely impacting the ability of midwives and other birthing center staff to provide their services. We will also explore how these attacks on birthing centers relate to historic efforts to unwind progress towards reproductive justice.  Today's host is Karla McKanders, Director of the Thurgood Marshall Institute. She is in conversation with the following guests: - Dr. Michele Goodwin, Linda D. & Timothy J. O'Neill Professor of Constitutional Law and Global Health Policy, Georgetown University Law Center and Co-Faculty Director, O'Neill Institute for National and Global Health Law  - Jennie Joseph, Founder and President, Commonsense Childbirth Inc., and midwife - Lindsey Kaley, Staff Attorney, Reproductive Freedom Project, ACLU - Ashton Wingate, Digital Archives Manager, Thurgood Marshall Institute For more information on this episode, please visit https://tminstituteldf.org/reproductive-justice-and-black-birthing-centers/.This episode was produced by Jakiyah Bradley, Keecee DeVenny, Ananya Karthik, and Lauren O'Neil. It is hosted by Karla McKanders. Resonate Recordings edited the episode.  If you enjoyed this episode please consider leaving a review and helping others find it! To keep up with the work of LDF please visit our website at www.naacpldf.org and follow us on social media at @naacp_ldf. To keep up with the work of the Thurgood Marshall Institute, please visit our website at www.tminstituteldf.org and follow us on Twitter at @tmi_ldf.If you enjoyed this episode please consider leaving a review and helping others find it! To keep up with the work of LDF please visit our website at www.naacpldf.org and follow us on social media at @naacp_ldf. To keep up with the work of the Thurgood Marshall Institute, please visit our website at www.tminstituteldf.org and follow us on Twitter at @tmi_ldf.

Crazy Town
It Was Never Your Democracy Anyway: Thomas Linzey on Rethinking the Constitution

Crazy Town

Play Episode Listen Later May 7, 2025 51:18 Transcription Available


Send us a textDemocracy and environmental protection have two things in common: (1) they're both supposed to be enshrined in the laws of the United States and (2) they're both under severe attack right now. Asher speaks with Thomas Linzey of the Center for Democratic and Environmental Rights to uncover how the source code of the U.S. Constitution and the body of environmental laws that follow it are actually designed to allow corporations to override the will of the people. After pinpointing the problem, Thomas explains what can be done, especially at the local level, to reach sustainable and just outcomes that provide wellbeing for people and ecosystems.Originally recorded on 4/2/25.Warning: This podcast occasionally uses spicy language.Sources/Links/Notes:Bio for Thomas LinzeyCenter for Democratic and Environmental RightsMatt Wuerker's cartoon: "The Closed-Door Constitutional Convention"Support the show

Afternoon Drive with John Maytham
BHF legal victory in NHI challenge

Afternoon Drive with John Maytham

Play Episode Listen Later May 7, 2025 6:09


John Maytham is joined by Dr Katlego Mothudi, Managing Director of the Board of Healthcare Funders (BHF), to unpack the recent North Gauteng High Court ruling compelling President Cyril Ramaphosa to hand over the full record of his decision to sign the National Health Insurance (NHI) Bill into law. Follow us on:CapeTalk on Facebook: www.facebook.com/CapeTalkCapeTalk on TikTok: www.tiktok.com/@capetalkCapeTalk on Instagram: www.instagram.com/capetalkzaCapeTalk on YouTube: www.youtube.com/@CapeTalk567CapeTalk on X: www.x.com/CapeTalkSee omnystudio.com/listener for privacy information.

The City Club of Cleveland Podcast
2025 Law Day: Public Education and the Assault on American Democracy

The City Club of Cleveland Podcast

Play Episode Listen Later May 2, 2025 60:00


On March 20th, President Trump issued an executive order effectively abolishing the Department of Education. The American Association of University Professors (AAUP) and American Federation of Teachers (AFT) have already filed a lawsuit to block the dismantling, alleging the executive branch has exceeded its constitutional authority and violated law. As the nation watches the flurry of executive orders and legal action unfold on public education, what does this mean for the nation's K-12 and higher education students?rnrnDerek Black is a Professor of Law at the University of South Carolina School of Law, the Ernest F. Hollings Chair in Constitutional Law, and directs the Constitutional Law Center. He is one of the nation's foremost experts in education law and policy. He offers expert witness testimony in school funding, voucher, and federal policy litigation and his research is routinely cited in the federal courts, including the U.S. Supreme Court.rnrnHe is also the author of a leading education law casebook, Education Law: Equality, Fairness, and Reform, and other books aimed at wider audiences. His 2020 book Schoolhouse Burning: Public Education and the Assault on American Democracy describes a full-scale assault on public education that threatens not just public education but American democracy itself. His forthcoming book, Dangerous Learning: The South's Long War on Black Literacy outlines the enduring legacy of the nineteenth-century struggle for Black literacy in the American South.

Talks from the Hoover Institution
Taiwan Roundtable Discussion

Talks from the Hoover Institution

Play Episode Listen Later May 2, 2025 59:41 Transcription Available


On behalf of Taiwan in the Indo-Pacific Region and its National Security Task Force the Hoover Institution held a Taiwan Roundtable Discussion on Tuesday, February 18, 2025, from 5:00 - 6:00 pm PT. Taiwan is facing a potential constitutional crisis. In December 2024, Taiwan's opposition-controlled legislature voted to impose a 2/3 supermajority quorum for the Constitutional Court to hear new cases. The legislature then voted down all the new nominees to the Court, leaving it with only 8 of members and unable to meet the new quorum requirement. The government has appealed to the Court to meet anyway and rule that the new amendments are unconstitutional. In this discussion, three experts on Taiwan's politics and judicial system discuss the factors leading up to this confrontation, the options facing the court, and the potential for deeper reforms to strengthen judicial independence in the face of a deepening confrontation between the ruling and opposition parties. ABOUT THE PARTICIPANTS Chien-Chih Lin is an associate research professor at Institutum Iurisprudentiae, Academia Sinica and an associate professor at the Graduate Institute of National Development, National Taiwan University. He received the LLM & JSD degrees from the University of Chicago. His academic interests focus on comparative constitutional law in Asia. Lin is the coauthor ofConstitutional Convergence in East Asia (2022) and Ultimate Economic Conflict between China and Democratic Countries (2022). His articles can be found in both peer-reviewed and student-edited law journals as well as edited volumes, including Oxford Handbook of Constitutional Law in Asia, American Journal of Comparative Law, and International Journal of Constitutional Law. He is the book review editor of International Journal of Constitutional Law. Weitseng Chen is a faculty member at the National University of Singapore Faculty of Law, specializing in law and economic development, law and politics, and legal history in the context of Greater China. He has recently published several books, including Regime Type and Beyond: The Transformation of Police in Asia (CUP, 2023), Authoritarian Legality in Asia: Formation, Development and Transition (CUP, 2019), The Beijing Consensus? How China Has Changed the Western Ideas of Law and Economic Development (CUP, 2017), Property and Trust Law: Taiwan (with Yun-Chien Chang & Y. J. Wu, Kluwer, 2017), and Law and Economic Miracle: Interaction Between Taiwan's Development and Economic Laws After WWII (in Chinese, 2000). Weitseng Chen earned his JSD from Yale Law School. Prior to joining NUS, he served as a Hewlett Fellow at Stanford's Center for Democracy,Development, and the Rule of Law (CDDRL) and practiced as a corporate lawyer in the Greater China region with Davis Polk & Wardwell. Kharis Templeman is a research fellow at the Hoover Institution and part of the Project on Taiwan in the Indo-Pacific. Templeman is a political scientist (Ph.D. 2012, Michigan) with research interests in Taiwan politics, democratization, elections and election management, party system development, and politics and security issues in Pacific Asia.

SmartHERNews
QUICK HIT: Should Your Taxes Pay For A Religious Charter School?

SmartHERNews

Play Episode Listen Later May 1, 2025 11:48


Does the Constitution REQUIRE your taxpayer money to fund a charter school developed by the Catholic church?  The Supreme Court hears a case that could potentially green light the first faith-based charter school in the nation. Jenna breaks down the two sides, that each claim the other violates the U.S. Constitution. SUPPORT OUR MISSION: Love nonpartisan news? Want a bigger serving of the serious headlines?  Here's how you can become a SCOOP insider: https://www.scoop.smarthernews.com/get-the-inside-scoop/    Shop our gear!  Instagram: https://www.instagram.com/smarthernews/  Website: https://smarthernews.com/  YouTube Channel: https://www.youtube.com/smarthernews 

Seattle Now
Studying Constitutional law at UW, as the rule of law is under threat

Seattle Now

Play Episode Listen Later May 1, 2025 12:11


We’re just over one hundred days into President Donald Trump's second administration.. Legal challenges are starting to pile up, as the president moves quickly to make good on some of his campaign promises. We'll check in on how law students at the University of Washington are interpreting this unprecedented time. We can only make Seattle Now because listeners support us. Tap here to make a gift and keep Seattle Now in your feed. Got questions about local news or story ideas to share? We want to hear from you! Email us at seattlenow@kuow.org, leave us a voicemail at (206) 616-6746 or leave us feedback online.See omnystudio.com/listener for privacy information.

The BradCast w/ Brad Friedman
'BradCast' 4/29/2025 (Guest: Constitutional Law and impeachment expert, John Bonifaz)

The BradCast w/ Brad Friedman

Play Episode Listen Later Apr 30, 2025 58:00


The Sunday Show with Jonathan Capehart
The Sunday Show With Jonathan Capehart: April 27th, 2025

The Sunday Show with Jonathan Capehart

Play Episode Listen Later Apr 28, 2025 41:12


On this week's episode of 'The Sunday Show with Jonathan Capehart': The first 100 days. As President Trump nears that milestone, his poll numbers plummet in ways we've never seen before, with his approval rating lower than any other president at this point in their tenure. Sen. Amy Klobuchar and Rep. Sydney Kamlager-Dove join in studio fresh from a protest on Capitol Hill over the Trump Agenda. What they expect from Trump in the next 100 days and from Congress when they return to work next week. Lessons Learned. Jon Meacham is here with a look at how history will record this moment and how Trump compares to his predecessors. And on our last show, a fan favorite returns. America's Aunt, my Aunt Gloria, is back to give us her unique take on everything that's going on. All that and more on the final episode of “The Sunday Show with Jonathan Capehart.” 

Brazil Unfiltered
The implications of Bolsonaro's trial with Rubens Glezer

Brazil Unfiltered

Play Episode Listen Later Apr 28, 2025 35:34


Rubens Glezer is a professor of Constitutional Law at the Getúlio Vargas Foundation Law School in São Paulo. He holds a PhD in Legal Theory from USP, a Master's in Law and Development from the Getúlio Vargas Law School and is a visiting researcher at NYU (New York University). Glezer is a specialist in Brazil's Supreme Court and is the author of several research and scientific works, as well as a frequent commentator in the media about the country's higher court. He is the author of the book "Resiliência e Deslealdade Constitucional" (Resilience and Constitutional Disloyalty), nominated for the prestigious book award Jabuti Prize in 2024.Brazil is going through challenging times. There's never been a more important moment to understand Brazil's politics, society, and culture. To go beyond the headlines, and to ask questions that aren't easy to answer. 'Brazil Unfiltered,' does just that. This podcast is hosted by James N. Green, Professor of Brazilian History and Culture at Brown University and the National Co-Coordinator of the U.S. Network for Democracy in Brazil. Brazil Unfiltered is part of the Democracy Observatory, supported by the Washington Brazil Office. This podcast is edited and produced by Camilo Rocha in São Paulo.https://www.braziloffice.org/en/observatory#activities

Strict Scrutiny
Are Trump Administration Officials in Criminal Contempt?

Strict Scrutiny

Play Episode Listen Later Apr 21, 2025 93:09


Leah, Melissa and Kate join forces to dig through the Trump administration's latest affronts to the law and the possibility that its officials could be held in criminal contempt. They also react in real time to the Court's decision to take up the question of birthright citizenship and cheer Harvard's stand against the administration. Finally, they take a look at what's in front of SCOTUS this week, including a new opportunity for the conservative majority to use the EPA as a punching bag and its latest foray into the culture wars.Hosts' favorite things:Melissa: White Potus (SNL); Good Dirt, Charmaine Wilkerson; Hacks (Max); Confessions of a Female Founder (with Reshma Saujani)Kate: So You Want to be a Dissident Julia Angwin & Ami Fields-Meyer (New Yorker); Who Is Government? The Untold Story of Public Service, Michael Lewis; Just Security (Substack); Judge Wilkinson's opinion for the 4th circuit on the Abrego Garcia case; Catalina, Karla Cornejo VillavicencioLeah: Never Again Will I Visit Auschwitz: A Graphic Family Memoir of Trauma & Inheritance, Ari Richter; The Vibe Shifts Against The Right, Michelle Goldberg (NYT); Harvard's new websiteAlso mentioned this episode: The Supreme Court threatens to bring “Don't Say Gay” to every classroom in America, Ian Millhiser (Vox); Five Questions About Domestic Use of the Military, Steve Vladek (One First) Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 5/31 – Washington DC6/12 – NYC10/4 – ChicagoLearn more: http://crooked.com/eventsPre-order your copy of Leah's forthcoming book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes (out May 13th)Follow us on Instagram, Threads, and Bluesky

Pod Save America
This Is the Fight Democrats Need To Have

Pod Save America

Play Episode Listen Later Apr 18, 2025 93:07


Donald Trump insists he has the right to render people to a foreign prison even though the courts say otherwise, and Democrats dig in for a critical fight. From El Salvador, Senator Chris Van Hollen briefs Dan on his effort to get answers about Kilmar Abrego Garcia. Then, Jon and Dan look at the latest targets of Trump's retribution tour, most notably Harvard, his threats to fire Fed Chair Jerome Powell, and Elon Musk's ultra-creepy project to populate Earth with a "legion" of his own offspring. Then, Tommy sits down with Maryland Congressman Jamie Raskin, the top Democrat on the House Judiciary Committee, about how he's trying to push back on Trump's defiance of the courts. For a closed-captioned version of this episode, click here. For a transcript of this episode, please email transcripts@crooked.com and include the name of the podcast.