Ilya Shapiro joins the show to take us through the various eras of the Supreme Court. He also explains how the process of nominating someone to the Supreme Court has changed since the founding.
What does the Constitution say about the Supreme Court? Did Marbury v. Madison in 1803 and the rise of judicial review change some of the calculus for confirmation hearings? What is judicial review? Hosted on Acast. See acast.com/privacy for more information.

Fixing Supreme Court Nominations (with Ilya Shapiro)

A weekly show about politics and liberty, featuring conversations with top scholars, philosophers, historians, economists, and public policy experts. Hosted by Trevor Burrus. Hosted on Acast. See acast.com/privacy for more information.

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Coming soon, a brand new podcast from Libertarianism.org... Hosted on Acast. See acast.com/privacy for more information.

Coming Soon: The Liberty Exchange

The Jones Act biases American shippers and shipbuilders at the expense of international competition, passing higher prices onto consumers and kneecapping free trade. The Cato Institute (and others) have been urging the government to reform this protectionist policy for several years now. But new findings prompt us to ask; how could such an ordinary task for a think tank constitute treason? Cato Institute Senior Fellow Patrick Eddington joins Trevor today to explain how the Freedom of Information Act (FOIA) sheds light onto the dark and hidden memos, documents, and recommendations shuffled between bureaucrats behind closed doors—when it can. But how did FOIA come about? What is the process involved? And how do agencies avoid complying with requests? Hosted on Acast. See acast.com/privacy for more information.

Fighting Government Secrecy (with Patrick Eddington)

The rise of global populism reveals a tension in Western thinking about democracy. Warnings about the "populist threat" to democracy and "authoritarian" populism are now commonplace. However, as Emily B. Finley argues in The Ideology of Democratism, dismissing "populism" as anti-democratic is highly problematic. In effect, such arguments essentially reject the actual popular will in favor of a purely theoretical and abstract "will of the people." On today’s episode, Emily Finley and Trevor sit down to trace a line from Jean-Jacques Rousseau and Thomas Jefferson to Woodrow Wilson and John Rawls, point out the flaws in deliberative democratic practices, and try to find a way to conceive of a better democratism—one without mob rule. Hosted on Acast. See acast.com/privacy for more information.

When Is Democracy Undemocratic? (with Emily B. Finley)

The illustrious, ingenious, notorious PVD is back with us once again. Today, he and Trevor sit down to discuss dilemmas of flood damages following Hurricane Ian, the viability of subsidies for nuclear energy, and minimum wage increase’s effects on workers’ wages. Peter references the following: The National Flood Insurance Program: Solving Congress’s Samaritan’s Dilemma by Peter Van Doren Hurricane Ian’s Toll Is Severe. Lack of Insurance Will Make It Worse. Subsidies to Nuclear Power in the Inflation Reduction Act by David Kemp and Peter Van Doren How Important are Minimum Wage Increases in Increasing the Wages of Minimum Wage Workers? by Jeffrey Clemens and Michael R. Strain Hosted on Acast. See acast.com/privacy for more information.

Floods, Nuclear Power, and Wages (with Peter Van Doren)

Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick in their new book The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit, the Supreme Court has long misunderstood or ignored the original meaning of the amendment’s key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. On today’s episode, they join us to answer questions as simple as; what is the fourteenth amendment, and why is it possibly one of our most important? As well as more complex ones, including; does the equal protection clause guarantee positive rights? And what can libertarians learn from the anti-slavery Republicans who wrote the 14th Amendment? Hosted on Acast. See acast.com/privacy for more information.

Fixing Supreme Court Nominations (with Ilya Shapiro)

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