Model of governance that separates powers
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Political violence is never OK. So after the horrible news out of Minnesota, Mary and Andrew begin with a breakdown of the federal charges against the man accused of murdering a Minnesota state lawmaker and her husband and attempting to murder several others.Next, they move to an explainer of an appeals court ruling that temporarily blocked a lower court decision ordering the control of the California National Guard back to the state, while tying in the scuffle during Homeland Security Secretary Kristi Noem's press conference last week as Senator Alex Padilla was forcibly removed and handcuffed. And rounding out this episode, Andrew and Mary note Trump's failed attempt to appeal the $5 million judgement in the E Jean Carroll case, and the arguments heard last week on his attempt to remove his NY state hush money case to a federal court.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
Protests intensified in Los Angeles and around the country after the Trump administration stepped up ICE raids largely targeting immigrants working in service industries. And after Trump deployed the National Guard without any buy-in from the state, California sued. So what now? That's where Andrew and Mary begin this week, parsing the legality of using the military domestically, and how responsibilities shift when the National Guard is federalized. The rest of this episode is focused on the intertwined news of Judge Boasberg's sweeping decision to ensure due process for the Venezuelan immigrants deported to El Salvador, with Kilmar Abrego Garcia's return to the US, as he faces charges of human smuggling in Tennessee.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
Amy MacIver is joined by EWN Parliamentary Correspondent Lindsay Dentlinger to unpack Water and Sanitation Minister Pemmy Majodina’s recent claim that South Africa is not facing a bulk water crisis — but rather a supply and governance problem. Lindsay explains what came out of the Minister’s first appearance before Parliament’s SCOPA, including shocking stats on municipal underperformance, ballooning water board debt, and the limits of national intervention. Together, they explore whether this signals real reform — or more rhetoric. Presenter John Maytham is an actor and author-turned-talk radio veteran and seasoned journalist. His show serves a round-up of local and international news coupled with the latest in business, sport, traffic and weather. The host’s eclectic interests mean the program often surprises the audience with intriguing book reviews and inspiring interviews profiling artists. A daily highlight is Rapid Fire, just after 5:30pm. CapeTalk fans call in, to stump the presenter with their general knowledge questions. Another firm favourite is the humorous Thursday crossing with award-winning journalist Rebecca Davis, called “Plan B”. Thank you for listening to a podcast from Afternoon Drive with John Maytham Listen live on Primedia+ weekdays from 15:00 and 18:00 (SA Time) to Afternoon Drive with John Maytham broadcast on CapeTalk https://buff.ly/NnFM3Nk For more from the show go to https://buff.ly/BSFy4Cn or find all the catch-up podcasts here https://buff.ly/n8nWt4x Subscribe to the CapeTalk Daily and Weekly Newsletters https://buff.ly/sbvVZD5 Follow us on social media: CapeTalk on Facebook: https://www.facebook.com/CapeTalk CapeTalk on TikTok: https://www.tiktok.com/@capetalk CapeTalk on Instagram: https://www.instagram.com/ CapeTalk on X: https://x.com/CapeTalk CapeTalk on YouTube: https://www.youtube.com/@CapeTalk567 See omnystudio.com/listener for privacy information.
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.
Media coverage over the economic impact of President Trump's tariffs has been robust,but not a ton of attention has been paid to the actual legality of them. So that's where Andrew and Mary begin, after two court decisions in the last week questioned the merits and where jurisdiction lies. Then they turn to the president's significant use of the pardon power to commute sentences and override convictions of some friends and allies, and what it says about maintaining a belief in blind justice. And after some great reporting from the New York Times, Mary and Adnrew detail some changes happening within Director Kash Patel's FBI, as bureau leaders are taken down a peg and emphasis on public corruption is dialed back.Further reading: Here is the New York Times reporting concerning the FBI: Unease at F.B.I. Intensifies as Patel Ousts Top OfficialsWant to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
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.
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
Andrew and Mary launch this week's episode by digging into the details on some of the latest acts of retribution coming out of the Trump administration as Trump targets Harvard, the Jenner & Block law firm gets a decision and Rep. LaMonica McIver gets charged with assault. Afterwards, they review a preliminary decision from the Supreme Court to stay a DC District Court's injunction that paused the firing of Gwynne Wilcox from the National Labor Relations Board, as well as Cathy Harris from the MSPB governing board while they challenge their removals. And lastly, Andrew and Mary get listeners up to speed on the O.C.G. case and the DOJ's continued defiance of Judge Murphy's TRO regarding extractions of migrants to countries they have no ties to.Further listening: HERE is a clip of Rep LaMonica McIver responding to the charges against her.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
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.
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).
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.
With so many issues stemming from President Trump's executive orders now before the Supreme Court, it's tough to know where to begin. So Andrew and Mary start this week with the arguments heard last Thursday from Mary's ICAP team on the courts issuing national injunctions in several birthright citizenship cases. They recap Thursday's highlights and note the Justices' interest in getting to the merits of the birthright issue. Then, they talk through two SCOTUS decisions from Friday and Monday: one on the Trump administration using the Alien Enemies Act to ‘extract' Venezuelan migrants, and the other on their attempt to revoke the protected status of Venezuelans. Last up, Andrew and Mary turn to the specifics of a few of the immigration removal cases, as hearings continue and the lack of due process continues to be challenged.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
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.
Stephen Miller's got some ideas. So this week, Mary and Andrew start with a focus on his recent acknowledgement that the White House is considering suspending habeas corpus altogether for migrants. They talk about what that means, and the reality that it lacks any legal sniff test, which the Supreme Court agrees with. Then, they highlight what happens when due process works, after the release of Rumeysa Ozturk, a Tufts student who was detained by ICE over an opinion piece she wrote for the student newspaper. Next up, a significant decision from Judge Susan Illston out of California, putting a temporary hold on reducing the federal workforce. Mary and Andrew note what she held, including that the administration needs to follow procedure and get congressional buy in. And lastly, they preview the Supreme Court argument Mary's ICAP team is bringing this Thursday on birthright citizenship- not on the merits per se, but on the issue of national injunctions. And a quick eye pop on Trump's decision to swap out Ed Martin as the US Attorney for DC with yet another Fox News host, Jeanine Pirro.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
The separation of powers is being threatened by judicial overreach with Sen. Schmitt Learn more about your ad choices. Visit megaphone.fm/adchoices
On the fifty-eighth episode, Shane, Matthew, and Ben are joined by William B. Allen, Professor Emeritus of Political Philosophy at Michigan State University, to discuss Montesquieu's political philosophy and its influence on the American Founding and eighteenth-century British politics. 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.
Long established legal norms continue to be challenged by Trump's Justice Department, leading Andrew and Mary to emphasize how the courts have grown increasingly frustrated with the administration's tactics. They begin with last Thursday's ruling from Judge Rodriguez in Texas, that Trump was unjustified in using the Alien Enemies Act to deport Venezuelan migrants. After a review of what that means for his ‘extraction' efforts, Andrew and Mary go deep on an assessment made public from the National Intelligence Council, that indicates despite Trump's presidential proclamation evoking the Alien Enemies Act, intelligence officials do not see a strong link between the Venezuelan government and Tren de Aragua. And lastly this week, they look at the latest judicial pushback on Trump's attempts to threaten law firms, after Judge Beryl Howell ruled against his targeting of Perkins Coie by executive order.Further reading: Here is the assessment from the National Intelligence Council on the relationship between the Maduro government and Tren de Aragua, courtesy of the New York Times.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
The first 100 days of President Trump's second term have now come to a close. In a live legal special, MSNBC's Ari Melber breaks down the most consequential legal moments of the new administration, including the Trump administration's continued dismantling of key federal agencies, the targeting of private law firms, and the response from the judicial system and the US Supreme Court. Melber is joined by legal experts and insiders, including hosts of MSNBC's Main Justice podcast, Andrew Weissmann and Mary McCord. Visit msnbc.com for more coverage.
The first 100 days of President Trump's second term have now come to a close. In a live legal special, MSNBC's Ari Melber breaks down the most consequential legal moments of the new administration, including the Trump administration's continued dismantling of key federal agencies, the targeting of private law firms, and the response from the judicial system and the US Supreme Court. Melber is joined by legal experts and insiders, including hosts of MSNBC's Main Justice podcast, Andrew Weissmann and Mary McCord. Visit msnbc.com for more coverage.
Andrew and Mary begin this week by acknowledging that, as the Trump administration approaches its 100th day mark, some themes have materialized. One is intimidation, exemplified most recently with the arrest of Wisconsin state court judge Hannah Dugan last Friday, while Trump continues to clash with local authorities over his deportation efforts. Another theme is due process, or the lack of it. Our Main Justice hosts point to a litany of immigration issues front and center this week, including the wrongful deportation of US citizen children, Attorney General Pam Bondi's March memo to law enforcement laying out how to implement the Alien Enemies Act, and what happened when the government was compelled to have a hearing in a Texas case: they fell flat on the merits. And before wrapping up, Andrew and Mary explain why Trump's media policy change, tossing out Biden era protections for journalists, is problematic for a free press.Further reading: Mary's recent Op-ed in the Washington Post: What Alito got right in his El Salvador case dissent.Pam Bondi's March 14th memo issuing guidance for implementing the Alien Enemies Act.Pam Bondi's April 25th memo updating the policy regarding obtaining information from, or records of, members of the news media.A note to listeners: In the Abrego Garcia case, despite the earlier admission in court that his removal was a mistake, the government's current position is that he a member of MS 13, which his lawyers deny.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
In our Constitution, the framers established three independent branches of government, creating checks and balances to keep any one branch from becoming too powerful. Governors Bredesen and Haslam are joined by Harvard professor Cass Sunstein and Vanderbilt professor David Lewis to explore the history and interaction between the branches and whether the Framers' vision holds up in current practice.
On the fifty-seventh episode of the Constitutionalist, Shane and Matthew discuss Volume 1, Chapter 2 of Alexis De Tocqueville's "Democracy in America." 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.
Andrew and Mary host this week's episode in front of a live audience at Princeton University, starting with the latest in the Kilmar Abrego Garcia case where last Tuesday, Maryland district judge Paula Xinis ordered the Trump administration to provide among other things, “butts in seats” to explain their efforts to get him back. Then they describe what led up to the Supreme Court's early Saturday decision temporarily blocking the deportation of more Venezuelan migrants, after a flurry of back and forth between the Solicitor General and the ACLU. And being at Andrew's alma mater, he and Mary hold up the absolute necessity of academic freedom and independence in the wake of Trump's attempts to defund universities who do not comply with his demands. Last up, they touch on the Supreme Court granting argument in the birthright citizenship cases- not on the merits, but on whether a nationwide injunction is appropriate in this instance.Further reading: HERE is Judge Harvie Wilkinson's sharply worded opinion, writing for a 3-judge panel in the US Court of Appeals for the 4th Circuit, rejecting the Trump administrations effort to stop a lower court's order that the government facilitate Kilmar Abrego Garcia's return.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
On the fifty-sixth episode of the Constitutionalist, Shane, Ben, and Matthew discuss Federalist 37, and Madison's teachings on political and epistemological limits. 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.
The US government's mistaken removal of Kilmar Abrego Garcia to El Salvador has captured national attention, and it's as stunning as it is heart breaking. So Mary and Andrew dedicate the bulk of this week's episode to what's happened since the Supreme Court ruled that the Trump administration must follow the lower court's order to facilitate his return. So far, the administration seems to be slow-walking the process, dodging accountability for the fact that Abrego Garcia was never afforded his due process rights, a core American principle. Andrew and Mary go on to explain each consecutive government response, and two habeas petitions that have been granted a TRO since last week's Supreme Court decision. Before wrapping up, they highlight the cancelling of a landmark civil rights deal in Alabama, and Trump's latest retribution in action-- targeting individuals, the Associated Press and Harvard.Further reading: Here is Mary's OpEd in the Washington Post: It's time to compel Justice officials to testify on Abrego García.And please vote for your favorite MSNBC podcasts in this year's Webby Awards:Prosecuting Donald Trump in the Podcasts - Crime & Justice category: VOTE HEREWhy Is This Happening? With Chris Hayes in the Podcasts - Interview/Talk Show category: VOTE HEREInto America: Uncounted Millions in the Podcasts - News & Politics category: VOTE HEREVoting closes this Thursday, April 17th.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
In this gripping hour of The Tara Show, we dive into a constitutional clash for the ages. As activist judges attempt to dictate immigration and foreign policy from the bench, the Trump administration plays a savvy legal game—pushing back without openly nullifying. From deporting a known MS-13 gang member to ignoring a judge's demand for daily reports, this episode reveals how the executive branch is reclaiming control from a judicial class run amok. Plus, how Congress's inaction and liberal courts could paralyze the next Republican presidency.
Purchase Professor Rasmussen's book here.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 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.
As the Supreme Court weighs in on the president's use of the Alien Enemies Act, Mary and Andrew approach this week's developments with both concern and relief. While relieved at the unanimity of the High Court's belief that due process is a necessity, the concern lies with the Trump administration's response to a court order directing them to arrange the return of Kilmar Abrego Garcia, the man who was wrongfully deported to El Salvador. They also see cause for alarm after the government retaliated against their own lawyer in this case. Andrew and Mary then take a beat to spotlight the DC circuit upholding a judge's decision related to scope of Trump's J6 pardons. And before closing out this week's episode, they detail the lawsuit brought by the conservative leaning NCLA over the constitutionality of the sweeping tariffs the president has announced.Further reading: This is Mary's recent op Ed in the Washington Post: The White House war on Big Law hits some speed bumpsAnd please vote for your favorite MSNBC podcasts in this year's Webby Awards:Prosecuting Donald Trump in the Podcasts - Crime & Justice category: VOTE HEREWhy Is This Happening? With Chris Hayes in the Podcasts - Interview/Talk Show category: VOTE HEREInto America: Uncounted Millions in the Podcasts - News & Politics category: VOTE HEREVoting closes April 17th.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
On the fifty-fourth episode of the Constitutionalist, Shane, Ben, and Matthew discuss the arguments of Martin Diamond and Herbert Storing in favor of preserving the Electoral College, presented to the Subcommittee on the Constitution of the Senate Judiciary Committee in July 1977. The readings may be accessed here: Martin Diamond: http://www.electoralcollegehistory.com/electoral/docs/diamond.pdf Herbert Storing (Chapter 21 in this volume): https://www.aei.org/wp-content/uploads/2014/07/-toward-a-more-perfect-union_154408483501.pdf?x85095 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.
Six emergency applications have now made their way to the Supreme Court concerning President Trump's executive orders, so Andrew and Mary begin this episode by breaking down the emergency stay motions in several key cases involving birthright citizenship, federal workers, the use of the Alien Enemies Act and canceling education grants. Then, after a review of Trump's latest law firm blacklist targets and the problematic nature of targeting of universities and students, they focus on an executive order aiming to change how U.S. elections are run. And last up, Andrew and Mary decry the lack of accountability over Signalgate, as Trump resists doling out any consequences to his senior National Security leadership.For more on Trump's continued attacks on universities, check out the latest episode of Trumpland with Alex Wagner about the fallout at Columbia University and maintaining free speech on campus.Further reading: Here is the order from the DC Circuit Court of Appeals over Judge Boasberg's TRO pausing deportations under the Alien Enemies Act, which includes separate concurring statements of Judge Henderson and Judge Millett and a dissenting statement of Judge Walker.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
On the fifty-third episode of the Constitutionalist, Shane, Ben, and Matthew discuss Lincoln's famous "Temperance Address," delivered on Washington's birthday in 1842 to the Washington Society in Springfield, Illinois. 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.
Is Separation of Powers a Facade? Or are we going back to the past where Kings, Queens and Noble men are above the laws and constitution of this country - America. Is this England, France, Russia or Chibna? No it is Not! It is a country built on Democratic values; but today those elected to continues, preserve and direct our affairs are changing the nation for their own good and in their name, not in the name of the populist and for America. To be great does not mean to dismantle democratic institutions that have been set up to preserve and protect against despots, kings and supremacist. We really did vote to go back, did we? But back to what?In this quick episode, Rev. Renaldo McKenzie shares a blog with Donte a Contributor and Co-Producer of the Show. Renaldo writes that: What is going on in America? Speaker Mike Johnson is threatening to withhold funding from District Courts for making a ruling that challenges the President. If the President disagrees with a lower court judge, he must appeal. We have a system in place that should work, unless when it works against the powerful they can withhold money. That means we have no separation of powers in actuality, if politicians can decide to withhold funding from the Judiciary.There's no way an attorney would make such irresponsible statements threatening the institution that has been constitutionally entrenched and has given him his authority. Speaker Johnson must have been threatened by Trump whose support he needs in order to keep his job as Speaker. So then there's no separation there either if the speaker and the house are "elected" by The President. Nevertheless, Johnson's statements are unconstitutional, threatens the legal institution that has given him his law license and therefore he should be disbarred. Johnson has no respect for the separation of powers and the authority of the justices and the people's court. I am Rev. Renaldo McKenzie,Author of Neoliberalism, Globalization, Income Inequality, Poverty and Resistance.President The Neoliberal Corporation Https://theneoliberal.com, https://renaldocmckenzie.com Https://store.theneoliberal.com Creator/HostThe Neoliberal Round Podcast Https://anchor.fm/theneoliberalThe Neoliberal Round YouTube Channel Https://youtube.com/@renaldomckenzieThe Neoliberal, serving the world today to solve tomorrow's challenges by making popular what was the monopoly.Subscribe for free and donate to us: https://anchor.fm/theneoliberal/support
On this week's episode, Andrew and Mary start with the major capitulation of the Paul, Wiess law firm to Trump's demands late last week, in exchange for rescinding an EO targeting the firm. This is the chilling effect they've been talking about in action. Then: what are the consequences of the Trump administration defying court orders from US District Chief Judge James Boasberg? The deportation of Venezuelan migrants without due process seems to be careening into that constitutional question, so Andrew and Mary break down the latest on that case, as the government invokes the “state secrets privilege”. And lastly, they detail the legal issues surrounding the now-infamous Signal chat reported by The Atlantic- an extraordinary demonstration of gross negligence when it comes to national defense information. Further reading: Here is Mary's piece on Just Security: Dissecting the Trump Administration's Strategy for Defying Court OrdersAnd here is Andrew's piece, also from Just Security: The New “Blacklists” Work When Law Firms Stay SilentAnd here is the criminal code Andrew and Mary referenced: 18 U.S. Code § 793 - Gathering, transmitting or losing defense informationWant to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
The judiciary was meant to interpret laws, not rewrite them and not enforce them. Yet activist judges are going beyond their constitutional role by undermining both the executive branch and Congress's legislative authority. In this episode of The P.A.S. Report Podcast, Professor Nick Giordano exposes how left-wing judges are making unconstitutional rulings that defy executive authority, particularly in cases involving President Trump's efforts to remove federal employees and enforce immigration laws. These judges, many with histories of Democrat donations and political activism, are not ruling based on the Constitution but rather their personal ideologies. As Trump calls for their impeachment, we examine why this is not the right solution and why Congress must find a way to hold these judges accountable. Judicial activism erodes the foundations of our republic, and if left unchecked, it will only get worse. Tune in as Professor Giordano breaks down the most egregious cases, the dangers of a politicized judiciary, and why judicial restraint is essential to maintain a constitutional balance of power. Episode Highlights: • Judicial Overreach Exposed – How activist judges are blocking Trump's executive actions and undermining the rule of law. • The Dangers of Politicized Courts – Why a judiciary driven by ideology threatens the separation of powers. • Fixing the Problem – Why impeachment isn't the answer, but censure and reforms are necessary to restore judicial integrity.
Jen Psaki breaks down Donald Trump's unprecedented assault on the judicial branch of government, explaining how the administration's defiant attitude toward the court breaks with that of former presidents who were dealt tough rulings in the past. Representative Jamie Raskin joins to discuss the implications of their defiance, and the danger the administration poses to due process under the law. Next, Jen is joined by the chair of the Progressive Caucus in the House, Representative Greg Casar, who was with Bernie Sanders and AOC on their “Fighting Oligarchy” tour. They discuss the massive turnout at these rallies and how hearing from angry voters directly could shake up the party. Jen also reflects on Senate Minority Leader Chuck Schumer's handling of the GOP's government funding bill, and the implications for Democrats if they don't find a strategy moving forward. New York Times correspondents Annie Karni and Luke Broadwater later join Jen to talk about their new book “Mad House” and the evolution of Congressional dysfunction, as well their thoughts on what's happening in Democratic leadership. Finally Jen discusses Elon Musk's growing Tesla problem, and the scuttled plan to brief him on U.S. plan in case of war with China.Check out our social pages below:https://twitter.com/InsideWithPsakihttps://www.instagram.com/InsideWithPsaki/https://www.tiktok.com/@insidewithpsakihttps://www.msnbc.com/jen-psakihttps://bsky.app/profile/insidewithpsaki.msnbc.com
On the fifty-second episode of the Constitutionalist, Shane, Ben, and Matthew are joined by Jordan Cash, Assistant Professor at the James Madison College at Michigan State University, to discuss Texas's declaration of independence from Mexico, and its annexation by the United States. 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 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.
Last Friday, President Trump spoke before a gathering at the Department of Justice to lay out what was seen largely as a grievance fest, singling out individuals and media organizations he perceives as his enemies. Main Justice hosts Andrew Weissmann and Mary McCord lay plain the unorthodox nature of a speech like this, especially before a department that is meant to maintain independence from the executive branch. But that was just the start of a wild weekend, after Trump invoked the Alien Enemies Act to deport hundreds of Venezuelan migrants, just as a court order blocking their removal was filed. So, Andrew and Mary tackle the latest developments in several buckets before breaking down the Supreme Court's consideration of the request by the president to lift the pause on his birthright citizenship executive action.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
On the fifty-first episode of the Constitutionalist, Shane Leary and Matthew Reising discuss James Madison's Note on Property for the National Gazette, published March 27, 1792 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 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.
After news this weekend that Columbia student and permanent legal resident Mahmoud Khalil was arrested by ICE agents, hosts Andrew Weissmann and Mary McCord explain the petition filed from his lawyer and the significance of his case as a harbinger of things to come, as a hearing is set over the effort to deport him. Then, they shift focus to the Trump administration's continued attacks on law firms and universities themselves, after the president cut federal funding to Columbia, and Georgetown was rebuked by the DC US Attorney for teaching principles related to diversity, equity and inclusion. Last up, Andrew and Mary review the latest in the Eric Adams case, with a shocking court filing containing texts from prosecutors, and they break down a few cases making their way through the courts right now: some of which have been touched by SCOTUS, others likely on their way to the High Court.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
Laurie begins a short series on Federalist 10 and 51, untangling the antiquated language of these important writings by the American founders having to do with important constitutional principles such as the separation of powers and checks and balances. She starts with Federalist 10 and the question of how to stop violent factions from overtaking a liberal democracy. … More Federalist 10 Deciphered: Madison on the Dangers of Factions and the Separation of Powers (Part 1)
In this week's Main Justice episode, hosts Andrew Weissmann and Mary McCord explore a disturbing pattern of the Trump administration's attack on lawyers and what it means for the rule of law, as firings and demotions continue to reverberate around the federal government. They examine the firing of the three top nonpartisan military JAG lawyers without cause— and why Defense Secretary Pete Hegseth referred to these officers as ‘roadblocks'. They look at Trump's decision to revoke security clearances from a law firm with ties to former Special Counsel Jack Smith. And they update a few cases on their radar, to include the firing of Hampton Dellinger as well as the latest in the case against New York City Mayor Eric Adams. And before closing, Andrew and Mary zoom out to look at how the Trump administration is redefining the US's role in world, after voting against a UN resolution that condemned Russian aggression in Ukraine, ignoring violations of international law.Further reading: Here is the latest statement from the ABA that Andrew spoke about: The ABA rejects efforts to undermine the courts and the legal profession.And soonest, we'll add a link here to the letter Andrew and Mary talked about in this episode: A Statement of Conscience and Principle By Those Who Have Served as Assistant United States Attorneys For the District of Columbia Over the Past Fifty Years.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
Leah, Melissa, and Kate once again wade through the latest malevolence from the Trump White House in a segment they're now calling “Pod Save the Separation of Powers.” Then, they turn to what's going on at One First Street, covering some new opinions, as well as this week's arguments, including a case about “reverse discrimination.” Pre-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
Democracy Docket Link Host: Adam Sommer Find Adam on tik-tok (maybe) and bluesky as "midmapdadenergy" - follow The Process on instagram. JOIN PATREON FOR MORE “Change The Conversation”Outro Song: “The World Is On Fire” by American Aquarium http://www.americanaquarium.com/ Nothing on this channel is to be taken as legal advice for any jurisdiction. All statements are opinions that reflect on that of the speaker and the purpose of the show is to provide space for discussion that may include statements or opinions shared only for the purpose of discussion. Listening to "The Process" is not legal advice and should not be relied upon for personal legal needs.
Democracy Docket Link Host: Adam Sommer Find Adam on tik-tok (maybe) and bluesky as "midmapdadenergy" - follow The Process on instagram. JOIN PATREON FOR MORE “Change The Conversation”Outro Song: “The World Is On Fire” by American Aquarium http://www.americanaquarium.com/ Nothing on this channel is to be taken as legal advice for any jurisdiction. All statements are opinions that reflect on that of the speaker and the purpose of the show is to provide space for discussion that may include statements or opinions shared only for the purpose of discussion. Listening to "The Process" is not legal advice and should not be relied upon for personal legal needs.
In a news cycle that keeps on churning, Main Justice hosts Andrew Weissmann and Mary McCord wade through the nonstop dispatches to set some focal points for this episode. They begin with the hearing held by Judge Dale Ho last week over the Eric Adams dismissal and the Judge's appointment of Paul Clement as amicus, a.k.a. a friend of the court. Andrew details the important decisions Judge Ho has before him as Mary drives home why this case will reverberate beyond the embattled New York Mayor. Then, they touch on the latest resignation- this one, from Denise Cheung, the chief of the criminal division in the DC US Attorney's office, after being asked to do something by the administration she believed was unsupportable. And last up, Andrew and Mary look at the Supreme Court denial of a stay in the case involving Trump's firing of Hampton Dellinger, and the disconnect between DOJ representations about Elon Musk's role in court versus what Musk is saying and doing in practice.Further reading: Here is Andrew's piece on Just Security: Why the Rule of Law Depends on an Evidentiary Hearing in Mayor Eric Adams' Case.And HERE is the letter of resignation from the head of the criminal division in the U.S. attorney's office in D.C.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
In this episode of Passing Judgment, we explore the Supreme Court's decision to abstain from ruling on a Trump emergency appeal about firing Hampton Dellinger, head of the Office of Special Counsel. Jessica Levinson and Katie Buehler, Law360's Supreme Court reporter, analyze the nuances of presidential power and the debate over the constitutionality of restricting executive authority. Here are three key takeaways you don't want to miss:Supreme Court Decision on Trump Emergency Appeal: The episode discusses the Supreme Court's recent decision not to review an emergency appeal concerning the firing of Hampton Dellinger from his position as the head of the Office of Special Counsel. The court allowed the temporary restraining order, which pauses the firing, to run its course and expire. Legal Arguments and Statute Constitutionality: The legal argument centers on whether President Trump had to provide a reason for Dellinger's firing, as required by federal law. Trump's administration argues that the statute requiring a reason is unconstitutional and that the president should have the power to fire at will. This theme explores the larger question of presidential authority and statutory constraints.Significant Supreme Court Cases: Katie Buehler highlights other significant Supreme Court cases beyond the Trump-related decision, including a case involving the Federal Communications Commission's authority and executive power, as well as cases on religious rights such as opting-out of LGBTQ-related education and funding for religious charter schools. Follow Our Host: @LevinsonJessica@bykatiebuehler
The directive sent from acting deputy attorney general Emil Bove to drop the corruption charges against NYC Mayor Eric Adams has hit a fever pitch, so hosts Andrew Weissmann and Mary McCord use the bulk of this episode to break down this evolving story and what has come to light so far. They tick through how this standoff between federal prosecutors and the DOJ's directive has led to a slew of resignations, and what to watch for as Judge Dale Ho calls for a Wednesday hearing on the matter in Manhattan. Andrew and Mary then take a beat to preview the first Supreme Court test of Trump's executive power, over his attempt to fire Hampton Dellinger, the head of the Office of Special Counsel, without cause. (Note: this office is an independent watchdog agency- not part of DOJ). And they wind up this episode by highlighting allegations from whistleblowers that Kash Patel, Trump's nominee to head the FBI, has been directing the firing of senior officials at the FBI.Further reading: Here is Andrew's piece in Just Security: The People of New York v. Mayor Adams: Will Manhattan DA Bragg Come to the Rescue Yet Again?Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
Tuesday, February 18th, 2025Today, Elon Musk is seeking access to personal taxpayer data raising alarms at the Internal Revenue Service; The Washington Post has blocked a two page ad calling for the removal of Elon Musk; January 6th rioters are arguing in court that their pardons apply to unrelated charges; Trump has fired hundreds of FAA employees despite four deadly crashes in four weeks; the Washington state judge who imposed a temporary restraining order last week on Trump's executive order blocking gender affirming care for minors has now imposed an injunction on him; and Allison and Dana deliver your Good News.Stories:Here's the ad the Washington Post wouldn't run - Common CauseDOGE-affiliated employee expected to seek access to IRS system with sensitive taxpayer information - Garrett Haake and Megan Lebowitz | NBC NewsTrump administration firing hundreds of FAA employees despite four deadly crashes in four weeks - Edward Helmore | The GuardianJan. 6 Rioters Argue Pardons Apply to Charges Including Murder Plot, Child Porn - Scott CalvertFollow , Tawnell D. HobbsFollow, C. Ryan BarberFollow | WSJJudge Hits Donald Trump With Legal Setback: 'Unconstitutional' - Sean O'Driscoll | Newsweek Good Trouble:The FCC is accepting comments from the public regarding their case against 60 minutes on CBS. Let them know how you feel.COMPLAINT INVOLVING CBS BROADCASTING INC., LICENSEE OF WCBS, NEW YORK, NY - PDFComments - FCC.govFCC Seeks Comment on WCBS News Distortion Complaint | Federal Communications CommissionFCC case against CBS for ‘news distortion' may go far beyond precedent, scholars say | ReutersFederal workers - feel free to email me at fedoath@pm.me and let me know what you're going to do, or just vent. I'm always here to listen. Check out muellershewrote.com for my interview with a systems security expert about the massive breach at opm.gov caused by Elon Musk From The Good NewsFlow (2024 film) | WikipediaComfortHouseNV.orgBureau of Consular Affairs Check out other MSW Media podcastshttps://mswmedia.com/shows/Subscribe for free to MuellerSheWrote on Substackhttps://muellershewrote.substack.comFollow AG and Dana on Social MediaDr. Allison Gill Substack|Muellershewrote, Twitter|@MuellerSheWrote, Threads|@muellershewrote, TikTok|@muellershewrote, IG|muellershewrote, BlueSky|@muellershewroteDana GoldbergTwitter|@DGComedy, IG|dgcomedy, facebook|dgcomedy, IG|dgcomedy, danagoldberg.com, BlueSky|@dgcomedyHave some good news; a confession; or a correction to share?Good News & Confessions - The Daily Beanshttps://www.dailybeanspod.com/confessional/ Listener Survey:http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=shortFollow the Podcast on Apple:The Daily Beans on Apple PodcastsWant to support the show and get it ad-free and early?Supercasthttps://dailybeans.supercast.com/Patreon https://patreon.com/thedailybeansOr subscribe on Apple Podcasts with our affiliate linkThe Daily Beans on Apple Podcasts
The flood of memos issued by newly minted Attorney General Pam Bondi in her first days was dizzying, so hosts Andrew Weissmann and Mary McCord zero in on several that have significant implications for national security and criminal law enforcement. Next, they give a rundown of litigation happening across the country, as courtrooms become the first defense in challenging some of President Trump's questionable orders. And last up, Andrew and Mary talk through a few legal battles brewing over sanctuary cities and detail Mary and ICAP's latest case aiming to protect places of worship as safe havens from immigration enforcement. And btw, the corruption case against New York City Mayor Eric Adams just went poof-- they dissect that too.Further reading: Here is Just Security's Litigation Tracker: Legal Challenges to Trump Administration Actions.HERE is the DOJ memo dropping the corruption charges against New York City Mayor Eric Adams without prejudice.And here is the statement from the American Bar Association that Andrew and Mary spoke about: The ABA supports the rule of law.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
With the deluge of news about the Trump administration's actions and orders, hosts Andrew Weissmann and Mary McCord zoom out to talk through what seems to be the overarching goal here- to clear out all opposition and have a presidency unbound by law. As former officials at the Justice Department and the FBI, they have a clear-eyed view on the broad swath of firings and how this wrecking ball approach will be litigated in court as challenges mount. Then, Andrew and Mary give some legal context to Trump's attempt to cut off congressional aid, both through the funding freeze that already has several temporary restraining orders, and the ongoing news involving attempts to dismantle USAID by Trump and Musk.Further reading: Here is Mary's piece in Just Security asking the Senate to get answers from Bondi and Patel: From Pardons to Purges: Pressing Questions that Bondi and Patel Must Answer NowAnd this is the article Andrew and Mary referenced in this episode from Adam Cox and Trevor Morrison, also on Just Security: Trump's Dictatorial Theory of Presidential Power – What the Executive Orders, in the Aggregate, Tell UsWant to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.