ACS Podcast

Article V of the U.S. Constitution provides two avenues for amending the Constitution. One of those avenues – an Article V Convention – has never before been used, in part because it could put the entire Constitution on the chopping block. Factions of the far Right, however, are now actively working to orchestrate such a convention, with the goal of radically rewriting the U.S. Constitution to achieve partisan outcomes. If the outcomes of a mock convention held by factions of the Right in 2016 are any indication, an Article V Convention could see amendments aimed at disassembling modern government and the century-old New Deal consensus, returning the country to the troubling, splintered times when the federal government could do little to provide for national welfare or defense. This could include amendments to repeal the federal income tax, to require onerous supermajorities akin to the filibuster to raise other taxes, and to enable state legislatures to nullify federal laws and regulations. Given current political dynamics, it’s easy to also imagine amendments to ban abortion and enshrine extreme interpretations of the 2nd Amendment. ACS is actively educating the public about the dangers of this radical effort and the potential for it to send this country into a constitutional crisis even more dire than January 6th.

This conversation was recorded via Twitter Spaces on Thursday, June 16 as part of the ACS National Convention in Washington, D.C. ACS Director of Chapters Peggy Li moderates a discussion about all things #reprorights with Rosann Mariappuram of Jane's Due Process and Jenny Ma from the Center for Reproductive Rights.

This conversation was recorded via Twitter Spaces on Friday, June 24, just after the Dobbs v. Jackson Women's Health ruling came down from the U.S. Supreme Court which overturned the long-standing precedent in Roe v. Wade and Planned Parenthood v. Casey. Featured in this discussion are Jeanne Hruska, ACS's Senior Advisor for Communications and Strategy, and Lindsay Langholz, Director of Policy and Program.

On May 3, 2022, the American Constitution Society held a Twitter Space discussion in response to the leaked draft Supreme Court opinion on Dobbs and Roe.

The killing of George Floyd is not a singular or unique event. Nationally, black people are three times as likely as white people to be killed by police, with even more people of color surviving police violence but suffering grievous physical and emotional injuries that reverberate throughout their communities. Join the American Constitution Society, the National Bar Association, and the Society of American Law Teachers, for a discussion of the institutional and systemic racism within our criminal legal system that leads to disproportionate police violence against black and brown people and against the protesters who take to the streets demanding change, and the ways we can address it.

Welcome

Russ Feingold, President, American Constitution Society

Alfreda Robinson, President & CEO, National Bar Association; Associate Dean & Director, Litigation & Dispute Resolution Program, George Washington University Law School

Featuring

Justin Hansford, Professor of Law and Executive Director, Thurgood Marshall Civil Rights Center, Howard University School of Law

Taja-Nia Henderson, Dean, Rutgers Graduate School – Newark; Professor, Rutgers Law School

Teressa Ravenell, Professor of Law and Associate Dean for Faculty Research and Development, Villanova University Charles Widger School of Law

Christopher Wright Durocher, Senior Director of Policy & Program, American Constitution Society, Moderator

As states across the country begin to relax stay-at-home orders despite public health experts' serious concerns, corporate America is poised to be one of the most important players in the pandemic. At-risk industries like grocery stores, meatpacking and poultry plants, transportation services, and warehouses, such as Amazon fulfillment centers, have been criticized for not taking adequate steps to protect their workers. And as non-essential businesses take the first steps to bring employees and customers back, some companies have retaliated against whistleblowers and aligned with congressional leaders to advocate for legislation that would protect businesses from liability for behavior that may unnecessarily expose employees and consumers to the risk of COVID-19 infection. Meanwhile, neither the CDC nor OSHA have issued mandates that employers implement any protective measures. Join ACS for a discussion of what employees and consumers can and should expect from corporate America during a public health crisis.

Welcome:

Russ Feingold, President, ACS

Featured Speakers:

Rebecca Dixon, Executive Director, National Employment Law Project

Heidi Li Feldman, Professor of Law, Georgetown University Law Center

Deepak Gupta, Principal, Gupta Wessler PLLC

Christopher Wright Durocher, Senior Director of Policy & Program, ACS, Moderator

After the federal government failed to announce a clear, national strategy for combating the COVID-19 health crisis, some state and local leaders took charge. Relying on the Constitution's federal structure, they closed schools and non-essential businesses, issued stay-at-home orders, mandated moratoriums on evictions, and dispensed emergency vouchers to help people buy food. Others, however, initially resisted such shutdowns until the public health guidance became unambiguous. As the economic impact of the pandemic quickly became its own crisis, Congress passed legislation designed to alleviate some of the stress felt by employers and individuals now forced out of work, but as the shutdown drags on, some state leaders are deciding to lift their stay-at-home orders much before others believe it is safe to do so. And the administration's concern about the economy has led the President to claim "total authority" to supersede state directives, while the Attorney General recently suggested the government is considering litigation against governors who want to retain lockdowns longer than the administration believes necessary. How does the Constitution divide decision-making authority in a public health crisis between the federal and state governments? Can the administration force states to follow its lead? What does the patchwork of state responses mean for our national recovery (both health and economic)? Ultimately, is our federal system an advantage or disadvantage in the fight against COVID-19?

Welcome:

Russ Feingold, President, ACS

Featured Speakers:

Aziz Huq, Frank and Bernice J. Greenberg Professor of Law, University of Chicago Law School, ACS Board of Directors

Miriam Seifter, Associate Professor of Law, University of Wisconsin Law School

Debra Perlin, Director of Policy & Program, ACS, Moderator

As we continue to learn more about COVID-19, it has become clear that this pandemic is disparately impacting people of color, and in particular, the Black community. A recent report from Mother Jones shows that Black Americans have disproportionately contracted and died from the coronavirus. Attacks on voting rights, abortion rights, and fair housing have long targeted people of color and the resulting damage of those attacks has been exacerbated during this time of crisis. What direct and indirect harms are being done to communities of color by the pandemic and the government’s response? What legal tools are available to address these disparities and where are there gaps? What should lawmakers consider as they attempt to craft a response to this crisis?

Welcome:

Russ Feingold, President, ACS

Featured Speakers:

Michele Goodwin, Chancellor’s Professor of Law and Director of the Center for Biotechnology and Global Health Policy, University of California Irvine School of Law, Moderator

Erwin Chemerinsky, Dean, Berkeley Law School

Patricia Williams, University Distinguished Professor of Law and Humanities, Northeastern University School of Law

Dr. George Woods, Immediate Past President of the International Academy of Law and Mental Health

On Thursday, April 23, ACS finished its 2020 Student Convention Virtual Series with a discussion with Harvard Law professor Michael Klarman entitled “The Degradation of Democracy – and the Courts.”

Featuring:

Michael Klarman, Kirkland and Ellis Professor of Law, Harvard Law School

ACS is a nonprofit 501(c)(3) educational organization. It does not take positions on candidates, pending legislation, or judicial nominees.

The COVID-19 pandemic is posing challenges for everyone, but the hardships it poses for immigrants and the immigration system have been especially harsh. While prisons and jails across the country move to reduce their populations, immigrants in ICE detention centers continue to fear exposure to the virus. Some immigration courts remain open for detainee hearings, but the Department of Justice has failed to set uniform policies, a cause of concern to judges, lawyers, and their clients. Citizenship ceremonies are on hold, but Customs and Border Patrol has begun to employ expedited deportation at the border. At the same time, immigrant workers are on the front lines in the battle against the virus in the health, restaurant, and other essential industries. How can we accomplish our public health goals in a manner in keeping with our laws and traditions as a nation of immigrants?

Welcome:

Russ Feingold, President, ACS

Featured Speakers:

Ahilan Arulanantham, Senior Counsel, ACLU of Southern California

Jacinta Ma, Vice President of Policy & Advocacy, National Immigration Forum

Hon. Ashley Tabaddor, President, National Association of Immigration Judges

Kara Stein, ACS Vice President of Policy & Program, Moderator