It’s becoming apparent that the theory that Professor Amar put forth 40 years ago in a now-famous law review article, Of Sovereignty And Federalism, is being taken seriously by more and more legislatures, newspapers, and the general public. Therefore, we bring the two leading experts on this – Professor Akhil Amar, and his brother Professor Vik Amar - together to go over the background, theory, and intricacies of this important development. It’s a master class that takes you back to an earlier master class we had, on the venerable and crucial case of McCulloch v. Maryland. What does this have to do with converse 1983? You’ll find out.  CLE credit is available for lawyers and judges from podcast.njsba.com.

In a wide-ranging episode, we finish looking back - and in doing so, we look into the near future as well.  The birthright citizenship case will be heard in oral argument on April 1, and we go back to our reaction to the executive order.  Unitary executive matters are awaiting court rulings; we look back at our back and forth with Steven Calabresi.  Meanwhile, audience questions on court term limits and the virtues of virtue are addressed, and there are more tidbits to enjoy.  

The look back over our five years of drama, humor, reason, and illogic continues, as perhaps the most notorious opinion of the five year period - the Trump immunity case - reappears in a clip, along with a revisit with Justice Breyer.  Meanwhile, the oral argument in Wolford v. Lopez did, in fact, prompt the Professors Amar to write in SCOTUSblog.com, and we go even further here, with clips from that oral argument and answers to the justices that didn’t find their way into the record, but now, hopefully, enter the public discourse.  CLE credit is available as usual for lawyers and judges from podcast.njsba.com.

It’s five years of Akhil and Andy on Amarica’s Constitution, and our friends are lining up to talk about it.  In typical fashion, it’s not just testimonials but reflections.  And we do a clip episode, but this time it’s not the justices, or the oral advocates, or the pundits, on the hot seat:  it’s us.  We look back at two episodes per year, playing our sometimes correct, sometimes wildly wrong predictions, and our sometimes prescient, sometimes widely ignored so-called insights.  It’s been quite a ride, and quite a recap - so much so that this part one of at least two.  And still, after five years, CLE credit remains available for lawyers and judges from podcast.njsba.com.

A powerful and aggressive central government sends unwanted forces in huge numbers to a city where the residents oppose and resent this policy.  The undertrained forces unleash violence against the population in the form of an obviously wrongful death.  Minneapolis, yes - but also a seeming repeat of an important American historic event, that shaped a nation’s core beliefs, later reflected in the Declaration and the Constitution.  We tell those stories, and look at the values and basic laws that emerged from them; bring to light important Supreme Court cases  - and bring all this to Minneapolis for examination of how they apply, 250 years later.  CLE credit is available for lawyers and judges from podcast.njsba.com.

The military capture of the Venezuelan leader, Maduro, is an event with giant international strategic, moral, economic, political, and other considerations.  It also raises fascinating constitutional questions, and Professor Amar is ready to discuss some matters that probably did not come to your mind right away.  Much of this stems from the fact that Maduro will be tried in a U.S. civilian, not a military court, so constitutional protections are implicated.  Whatever your thoughts about the policy matters, it behooves you to join us in this exploration of how this escapade reveals a strain in constitutional doctrine that remains unresolved.  Meanwhile, you will learn of cases with names like “Frisbie,” hence our title.  CLE credit is available for lawyers and judges at podcast.njsba.com.

Our listeners have a talent for inquiry; they follow Professor Amar’s arguments every week, and come up with their own.  This week, we end the year by fielding a wide range of questions, including some related to presidential oath-taking; juries, asked by a Judge; pardons and their abuse; and many related topics.  Akhil invokes Angela Bassett and Tina Turner, as we answer the questions first softly, and then not so softly.  And we end the year with fond wishes sincerely offered.  CLE credit is available for lawyers and judges from podcast.njsba.com.

Presidential power is abridged, for a change, by the Supreme Court in its shadow docket ruling in Trump v. Illinois.  Rather than ruling in silence, however, this time the Court gives us 25 pages and 4 opinions to chew on.  We examine the history behind issues of deployment of the Army as well as the Guard/Militia on domestic soil, which leads us to discussions of Militia Acts, the Military Amendments, and basic constitutional principles.  Professor Amar discusses the implications for the coming big rulings on tariffs and birthright citizenship he sees in the alignment the Court assumes in this ruling. Just as this is not the Court’s last word in this case, we will have more to say in subsequent episodes, but this discussion will leave you armed, if you will, with the tools to see the issues clearly.  CLE credit is available for lawyers and judges from podcast.njsba.com.

One of the most promising new faces in the US Congress, Representative Maggie Goodlander, joins us for a wide-ranging discussion, including the recent video assuring our troops that they may not obey illegal orders, and the aftermath of that simple offer of support.  You may not know that this first-term congresswoman has served in our military for 11 years; has clerked for a Supreme Court Justice; has served in the White House; has been senior advisor to both Republican and Democratic Senators; has studied under Professor Amar - and much more.  Hear from her, and see that there are still talented American patriots that seek to defend the Constitution.  CLE credit is available for lawyers and judges from podcast.njsba.com.

Oral arguments took place in the highly-anticipated unitary executive case, Trump v. Slaughter. The overruling of the case that seems to govern, Humphrey’s Executor, has been long expected, and indeed, the Chief Justice referred to the “dry husk” that was all that remained of that case after recent years of whittling by the current and recent Court.  However, faced with the extremity of possible consequences, the Court veered this way and that, indicating that while the direction seems clear, the destination may not be.  Fascinating intersections with other cases and theories that Professor Amar has studied and expounded over the years abound, and in our Cosell-like tour of the argument’s twists and turns, you will learn how it fits together.  CLE is available for lawyers and judges from podcast.njsba.com.