Good Law | Bad Law

Good Law | Bad Law - Morality, Impeachment and the Constitution: A Conversation w/ Peter Bayer


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Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Peter Bayer, a Professor at the University of Nevada, Las Vegas William S. Boyd School of Law, to discuss morality, the Impeachment, and the Constitution.

 

In today’s episode, Aaron and Peter delve deep into an important and interesting conversation about liberty, fundamental fairness, Due Process and more; throughout, they specifically apply these ideas and their principles to President Trump, and his recent impeachment.  Peter and Aaron have a philosophical discussion on Kant and his categorical imperatives, Deontology, Originalism, and natural rights. The two debate what the Framers of the Constitution intended, they discuss the Magna Carta, natural law, the Supreme Court decision in Obergefell, legal and political theorists such as Blackstone and Locke, and examine Peter’s extensive article on these issues, “Deontological Originalism: Moral Truth, Liberty, and Constitutional ‘Due Process.’”

 

What is the role of the Constitution? What are its meanings? What is and is not considered moral? And how do we/should we think of ‘the greater good?”

 

An expert in jurisprudence, Peter earned both his J.D. and his M.A. in Sociology from NYU. His article on today’s subject matter is a legal commentary on the principles of Originalism and Deontology, arguing that given the principles of Originalism, the Constitution mandates that any governmental act is unconstitutional if it is immoral.  Peter refers to these ideas as “Deontological Originalism,” asserting that both the Founders of this Nation and the Reconstruction Congress believed in natural rights that derived from principles of natural law. Aaron and Peter contemplate this through the lens of 2019 and the Impeachment, considering Trump’s definitions of “fair” and drawing comparisons to Fraud’s theory of the ID.

 

After studying at NYU, Professor Bayer earned his LL.M. from Harvard Law. Before his time at Boyd, Peter served as Assistant Professor and Director of the Legal Research, Analysis, and Writing Program at St. Tomas University School of Law in Miami. In addition to teaching stints at Boston College Law School, the University of Baltimore Law School, and the University of Miami School of Law, Peter worked as Senior Patient Advocate for Quantum Health Resources, Trial Attorney for the Equal Employment Opportunity Commission, and Staff Attorney for the Center for Advocacy, Research, and Planning. He also clerked for the Honorable Clifford Scott Green, United States District Court for the Eastern District of Pennsylvania. Professor Bayer teaches Lawyering Process, Jurisprudence, Administrative Law, Employment Discrimination, and Judicial Writing.

 

 

To check out Professor Bayer’s article on Deontological Originalism, please click here.

To learn more about Professor Bayer, please visit his bio page on UNLV’s website here.

To read Justice Kennedy’s opinion on the Obergefell decision, please click here.

 

 

Host: Aaron Freiwald

Guest: Peter Bayer

 

 

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Good Law | Bad LawBy Aaron Freiwald