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Today on the show, Fareed is joined by two law professors, Leah Litman and Saikrishna Prakash, to discuss the questions surrounding President Trump's contentious use of presidential power. Next, Israeli journalist Ari Shavit speaks with Fareed about the protests sweeping Israel as Prime Minister Netanyahu restarts the war in Gaza and moves to dismiss his country's attorney general and domestic security chief. Finally, Richard Haass joins the show to discuss the latest in negotiations for a ceasefire in Ukraine as American, Ukrainian, and Russian delegations travel to Riyadh for talks. GUESTS: Leah Litman (@LeahLitman), Saikrishna Prakash, Ari Shavit (@arishavit), Richard Haass (@RichardHaass) Learn more about your ad choices. Visit podcastchoices.com/adchoices
Congress is attempting to pass a bill that would implement a deal that President Biden reached with Speaker McCarthy and House Republicans. The issues are many - what does the President due if the bill is not passed? How imminent is the threat of default? Would a default be constitutional? Does the Constitution require any action by the President in such a situation? What does the 14 Amendment, Section 4, say about this? What does an originalist analysis of the global situation look like? We bring the best experts from both sides of the political aisle for a vigorous but intellectually honest debate on the subject, and in the process, hope to find some areas of agreement and wide areas to enrich our audience.
In the contemporary debates over the nature of executive power, two ideas are perennially prominent and intractably controversial: the unitary executive theory and nondelegation doctrine. While many prominent lawyers and judges have advocated a unitary model of the executive, it is still controversial whether the Constitution requires that the President sit at the top of the executive pyramid. And while the Court has refused to seriously revitalize the nondelegation doctrine in recent cases, voices on and off the bench persist in calling for limits on the executive’s ability to exercise lawmaking power.While these debates have modern salience, they actually predate the Constitution. Which provokes the question: what did the Federalists and Anti-Federalists have to say about these topics? In what ways were their debates different from ours, and in what ways are things the same? How do their discussions shed light on our modern arguments? These questions and more will be explored by our learned panelists.Featuring:Moderator: Honorable Paul B. Matey, United States Court of Appeals for the Third CircuitProf. Jennifer Mascott, Assistant Professor of Law and Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Anotnin Scalia Law School, George Mason UniversityProf. Julian Davis Mortenson, James G. Phillipp Professor of Law, University of Michigan Law SchoolProf. Saikrishna Prakash, James Monroe Distinguished Professor of Law—Albert Clark Tate, Jr., Professor of Law, University of Virginia School of LawProf. Michael Rappaport, Hugh and Hazel Darling Foundation Professor of Law; Director, Center for the Study of Constitutional Originalism, University of San Diego School of Law
Supreme Court nominee Ketanji Brown Jackson faced a second day of questioning Wednesday by the U.S. Senate Judiciary Committee. Saikrishna Prakash, a University of Virginia law professor and former clerk to Justice Clarence Thomas, and Melody Barnes, executive director of the Karsh Institute of Democracy at the University of Virginia, join Judy Woodruff to discuss. PBS NewsHour is supported by - https://www.pbs.org/newshour/about/funders
Supreme Court nominee Ketanji Brown Jackson faced a second day of questioning Wednesday by the U.S. Senate Judiciary Committee. Saikrishna Prakash, a University of Virginia law professor and former clerk to Justice Clarence Thomas, and Melody Barnes, executive director of the Karsh Institute of Democracy at the University of Virginia, join Judy Woodruff to discuss. PBS NewsHour is supported by - https://www.pbs.org/newshour/about/funders
Supreme Court nominee Ketanji Brown Jackson spent hours on defending her representation of Guantanamo Bay detainees and denying she'd been too lenient in child pornography cases. Saikrishna Prakash, a University of Virginia law professor and former clerk to Justice Clarence Thomas, and Margaret Russell, a law professor at Santa Clara University, join Judy Woodruff to discuss the hearing. PBS NewsHour is supported by - https://www.pbs.org/newshour/about/funders
Supreme Court nominee Ketanji Brown Jackson spent hours on defending her representation of Guantanamo Bay detainees and denying she'd been too lenient in child pornography cases. Saikrishna Prakash, a University of Virginia law professor and former clerk to Justice Clarence Thomas, and Margaret Russell, a law professor at Santa Clara University, join Judy Woodruff to discuss the hearing. PBS NewsHour is supported by - https://www.pbs.org/newshour/about/funders
On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan's published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions. The fourth and final panel featured two authors of recent books on... Source
On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan's published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions. The fourth and final panel featured two authors of recent books on presidential power: Saikrishna Prakash, author of The Living Presidency: An Originalist Argument against Its Ever-Expanding Powers, and John Yoo, author of Defender in Chief: Donald Trump's Fight for Presidential Power. They were joined by University of Michigan Professor of Law Julian Mortenson. The session was moderated by the Gray Center's Co-Executive Director Jennifer Mascott. This episode features Jennifer Mascott, Julian Mortenson, Saikrishna Prakash, and John Yoo.
On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan's published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions. The fourth and final panel […]
UVA Law student Juliet Clark ’21, William & Mary law professor Rebecca Green and UVA Law professor Saikrishna Prakash analyze the history and future of the Virginia Constitution 50 years after its ratification. UVA Law professor A. E. Dick Howard ’61, who led the 1971 constitution revision effort, moderated the event. The event was part of the Baliles Legacy Series Presentation at the Virginia Bar Association’s annual meeting. (University of Virginia School of Law, Jan. 22, 2021)
A Debate with Sai Prakash, University of Virginia, and John Yoo, University of California at Berkley School of Law, and Dean Reuter General Counsel and Vice President & Director, Practice Groups, The Federalist Society. Saikrishna Prakash’s scholarship focuses on separation of powers, particularly executive powers. He teaches Constitutional Law, Foreign Relations Law and Presidential Powers at the Law School. Prakash’s most recent book, “The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers,” was published by Harvard Belknap Press in 2020. He also authored “Imperial from the Beginning: The Constitution of the Original Executive” (Yale University Press, 2015). The former book focuses on the modern presidency while the latter considers the presidency of the Founders. John Yoo is the Emanuel Heller Professor of Law and director of the Korea Law Center, the California Constitution Center, and the Law School’s Program in Public Law and Policy. His most recent book is Defender in Chief: Donald Trump’s Fight for Presidential Power (St. Martin’s 2020). Professor Yoo is a visiting scholar at the American Enterprise Institute and a visiting fellow at the Hoover Institution.
Article II, Section 2, of the Constitution says the president “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This episode explores presidential pardons past and present—from Thomas Jefferson’s pardons of people convicted under the Sedition Act, through President Carter pardoning Richard Nixon and George H.W. Bush pardoning those involved in the Iran-Contra scandal, to President Trump’s exercise of the pardon power today. Experts Brian Kalt of Michigan State Law School and Saikrishna Prakash of the University of Virginia Law School answer questions including: Can the president pardon himself? What does the history say? What are the limits of the pardon power? Does someone admit guilt when they accept a pardon? How might the Supreme Court rule on pardons? And more, in conversation with host Jeffrey Rosen. Additional resources and a transcript are available at constitutioncenter.org/interactive-constitution/media-library. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.
Article II, Section 2, of the Constitution says the president “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This episode explores presidential pardons past and present—from Thomas Jefferson’s pardons of people convicted under the Sedition Act, through President Carter pardoning Richard Nixon and George H.W. Bush pardoning those involved in the Iran-Contra scandal, to President Trump’s exercise of the pardon power today. Experts Brian Kalt of Michigan State Law School and Saikrishna Prakash of the University of Virginia Law School answer questions including: Can the president pardon himself? What does the history say? What are the limits of the pardon power? Does someone admit guilt when they accept a pardon? How might the Supreme Court rule on pardons? And more, in conversation with host Jeffrey Rosen. Additional resources and a transcript are available at constitutioncenter.org/interactive-constitution/media-library. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.
On October 29, 2020, the Penn and Temple Student Chapters of the Federalist Society hosted former officemates and leading scholars of presidential power John Yoo and Saikrishna Prakash for a debate on the true extent of presidential power. In his new book, "Defender in Chief," John Yoo argues that Trump, despite his populism, is more often the defender rather than the opponent of the original Constitution. In "The Living Presidency," however, Sai Prakash counters that Trump, like many modern presidents, has violated the Constitution’s grant of executive power. The debate was moderated by Temple Law's Professor Craig Green.Featuring:Prof. John C. Yoo, UC Berkeley School of LawProf. Saikrishna B. Prakash, University of Virginia School of LawModerator: Prof. Craig Green, Temple University Beasley School of LawIntroduction: Lorenzo Riboni, The Federalist Society's Temple Law Student ChapterIntroduction: Andrea Leelike, The Federalist Society's Penn Law Student Chapter*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
UVA Law professors Naomi Cahn, Michael Gilbert and Saikrishna Prakash discuss key legal issues emerging out of the presidential election in a panel moderated by Micah Schwartzman ’05, director of the Karsh Center for Law and Democracy. The panel was sponsored by the Karsh Center. (University of Virginia School of Law, Nov. 5, 2020)
It's commonly noted that, in the wake of King George III's manifold mishaps, America's framers built a constitutional system designed to constrain the executive. After all, the Founders typically deemed Congress, not the Presidency, the most powerful branch thanks to the preeminence of legislative authority granted in the Constitution. So how is it that today's executive branch – both the Presidency and the sprawling administrative state – commands such vast governing authority, overshadowing Congress? University of Virginia Law Professor https://www.law.virginia.edu/faculty/profile/sp5mm/1200266 (Sai Prakash), author of https://www.hup.harvard.edu/catalog.php?isbn=9780674987982 (The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers), talks with https://twitter.com/adamjwhitedc?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor (Adam) about the debates and decisions of the Founding that paved the way for the expansive executive office we see today. From early on, America's unwritten constitution – its mores, civic culture, accumulation of practices – laid the foundation for today's muscular presidency. To “recage the executive lion,” Sai suggests sensible reforms based on an astute originalist reading of the Constitution.
Questions of judicial philosophy and Supreme Court precedent arose again on Day 3 of Amy Coney Barrett's confirmation hearing before the Senate Judiciary Committee. Judy Woodruff talks to Georgetown University's Victoria Nourse, who was chief counsel to Vice President Joe Biden in 2015 and 2016, and the University of Virginia's Saikrishna Prakash, a former law clerk for Justice Clarence Thomas. PBS NewsHour is supported by - https://www.pbs.org/newshour/about/funders
For a closer look at the legal questions raised during Tuesday's confirmation hearing for Judge Amy Coney Barrett, Judy Woodruff talks to the University of Virginia's Saikrishna Prakash, a former law clerk for Justice Clarence Thomas, and Georgetown University's Victoria Nourse, who was chief counsel to Vice President Joe Biden in 2015 and 2016. PBS NewsHour is supported by - https://www.pbs.org/newshour/about/funders
In this episode, we spoke with Professor Saikrishna Prakash, a James Monroe Distinguished Professor of Law at the University of Virginia Law School. He is the author of Imperial from the Beginning: the Constitution of the Original Executive and The Living Presidency: An Originalist Argument Against its Ever-Expanding Powers. Here is the link to check out The Living Presidency on Amazon: https://www.amazon.com/Living-Presidency-Originalist-Argument-Ever-Expanding/dp/0674987985/ref=sr_1_1?crid=1GY24VAXTBHX5&dchild=1&keywords=the+living+presidency&qid=1598458551&sprefix=the+living+%2Caps%2C194&sr=8-1
We spoke with Saikrishna Prakash of UVA Law on Trump, the protests, the Insurrection Act, and executive power. The post Trump, the Protests, and the Insurrection Act appeared first on Octavian Report.
Pulitzer Prize-winning columnist George F. Will joins Saikrishna Prakash, professor of law at the University of Virginia, for a conversation on Prakash's new book, The Living Presidency: An Originalist Argument against Its Ever-Expanding Powers. They explore the expansion of presidential power from the founding era to today; provide their take on what, if any, constraints there may be on executive power; and whether originalism can provide a solution. National Constitution Center president Jeffrey Rosen moderates. Questions or comments about the show? Email us at podcast@constitutioncenter.org.
University of Virginia School of Law professor Saikrishna Prakash discusses his new book on how the presidency’s authority has grown and how Congress might check the executive.
Professors Frederick Schauer and Saikrishna Prakash discuss impeachment, including what the impeachment clauses and powers delegated to Congress are, what the implications of these powers are for the presidency and what offenses fall within the scope of impeachment. Professor Micah Schwartzman ’05 introduces the discussion. This event is the first of a planned three-part series on impeachment hosted by the Karsh Center for Law and Democracy. (University of Virginia School of Law, Oct. 21, 2019)
UVA Law professors Ashley S. Deeks, George S. Geis, Dayna Bowen Matthew ’87, Saikrishna Prakash and Micah J. Schwartzman ’05 provide an overview of their latest work. Dean Risa L. Goluboff introduces the panel and Vice Dean Leslie Kendrick ’06 moderates. This event was part of a “Back to School Night” for returning UVA Law alumni during UVA’s Honor the Future capital campaign kickoff. (University of Virginia School of Law, Oct. 11, 2019)
House Speaker Nancy Pelosi has launched an impeachment inquiry, and we talk to Rep. Elaine Luria (VA-02) and Prof. Saikrishna Prakash about the ramifications. Then, we discuss the report of the Virginia Beach Municipal Center shooting with Council Member Michael Berlucchi. Join HearSay at noon on 89.5 WHRV-FM.
Dan is joined by Professor Saikrishna Prakash, Constitutional Law professor at University of Virginia, to discuss California's new law requiring all presidential candidates release their tax returns. President Trump will not appear on the California ballot if he does not comply.
At UVA Law’s 31st Sokol Colloquium, Notre Dame Law professor A.J. Bellia and UVA Law professors Paul Stephan and John Harrison discussed international law and the judiciary in a panel moderated by UVA Law professor Saikrishna Prakash. During the colloquium, scholars, jurists and practitioners discussed the American Law Institute’s “The Restatement (Fourth) of the Foreign Relations Law of the United States.” (University of Virginia School of Law, Jan. 11, 2019)
UVA Law professors Frederick Schauer and Saikrishna Prakash discuss the roles the U.S. Supreme Court and constitutional law play in American political discourse. (University of Virginia School of Law, Nov. 9, 2018)
What role for the executive was envisioned by the Framers and Founding generation? How did the Founding generation understand the Executive’s role? How did the likely first President, George Washington shape their views? Has the role of the Executive changed?Prof. Martin S. Flaherty, Leitner Family Professor, Co-Director, Leitner Center for International Law and Justice, Fordham University School of LawProf. John C. Yoo, Emanuel S. Heller Professor of Law and Co-Faculty Director, Korea Law Center, University of California, Berkeley Law SchoolProf. Saikrishna Prakash, James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of LawProf. Michael W. McConnell, Richard and Frances Mallery Professor and Director of the Constitutional Law Center, Stanford Law SchoolModerator: Judge Amul Thapar, United States Court of Appeals, Sixth Circuit
What role for the executive was envisioned by the Framers and Founding generation? How did the Founding generation understand the Executive’s role? How did the likely first President, George Washington shape their views? Has the role of the Executive changed?Prof. Martin S. Flaherty, Leitner Family Professor, Co-Director, Leitner Center for International Law and Justice, Fordham University School of LawProf. John C. Yoo, Emanuel S. Heller Professor of Law and Co-Faculty Director, Korea Law Center, University of California, Berkeley Law SchoolProf. Saikrishna Prakash, James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of LawProf. Michael W. McConnell, Richard and Frances Mallery Professor and Director of the Constitutional Law Center, Stanford Law SchoolModerator: Judge Amul Thapar, United States Court of Appeals, Sixth Circuit
(Bloomberg) -- Bloomberg Law hosts June Grasso and Greg Stohr discuss a lawsuit that aims to challenge President Trump’s blocking users on Twitter. They speak with Saikrishna Prakash, a professor at the University of Virginia Law School, and Stephen Vladeck, a professor at the University of Texas Law School.
(Bloomberg) -- Bloomberg Law hosts June Grasso and Greg Stohr discuss a lawsuit that aims to challenge President Trump's blocking users on Twitter. They speak with Saikrishna Prakash, a professor at the University of Virginia Law School, and Stephen Vladeck, a professor at the University of Texas Law School. Learn more about your ad-choices at https://www.iheartpodcastnetwork.com
University of Virginia School of Law Professor Saikrishna Prakash joins IU Executive Director Tim Pagliara to discuss Judge Margaret Sweeney's March 7 order, which is the latest in a series related to the ongoing tug of war over the disclosure of documents sought by Fairholme Funds regarding the Net Worth Sweep. Professor Prakash is an expert on Constitutional powers and seeks to help listeners understand the government’s misuse of executive privilege to keep documents related the Sweep hidden from view.
Until 1986, most conservative lawyers favored following the original intentions of the Framers of the Constitution rather than the original public meaning of the text of the laws they wrote. Justice Scalia changed all of that with a brilliant speech given at the Justice Department just days before he was nominated to the Supreme Court. Justice Scalia argued that it is the laws that Congress makes, and not the legislative history that accompanies them, that the courts must follow. He argued similarly in constitutional cases that we are bound by the texts that our dead ancestors enacted and not by their unenacted intentions and policy views. Since 1986, Justice Scalia's view has so thoroughly swept the field that few proponents of original intention and of following legislative history remain. The triumph of text over intent and over legislative history is one of Justice Scalia's legacies. -- This panel was held on November 17, 2016, during the 2016 National Lawyers Convention in Washington, DC. -- Featuring: Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School; Prof. Michael S. Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law; Prof. Saikrishna Prakash, James Monroe Distinguished Professor of Law, University of Virginia School of Law; and Prof. Lawrence B. Solum, Carmack Waterhouse Professor of Law, Georgetown University Law Center. Moderator: Hon. Sandra Segal Ikuta, U.S. Court of Appeals, Ninth Circuit.
This panel was part of the 18th Annual Federalist Society Faculty Conference held on January 8, 2016 at the Sheraton New York Times Square Hotel New York, NY. -- Featuring: Prof. Tara Leigh Grove, William & Mary Law School: “When Can a State Sue the United States?”; Prof. Jeremy Kidd, Mercer University Walter F. George School of Law: “Neither Savior Nor Bogeyman: What Lies Behind the Door of Third-Party Litigation Finance?”; Prof. Randy Kozel, University of Notre Dame Law School & Prof. Jeffrey Pojanowski, University of Notre Dame Law School: “Discretionary Dockets”; Prof. Ozan Varol, Lewis & Clark Law School: "Structural Rights"; and Mr. Ilan Wurman, Winston & Strawn: "Constitutional Administration". Commenters: Prof. James Lindgren, Northwestern University School of Law and Prof. Thomas Lee, Fordham University School of Law. Moderator: Prof. Saikrishna Prakash, University of Virginia School of Law.
Professor Saikrishna Prakash, an expert in presidential powers, talks about his new book, "Imperial from the Beginning: The Constitution of the Original Executive," during a talk for Alumni Board and Council members. (University of Virginia School of Law, Nov. 6, 2015)