Learning Constitutional Law

Hello all; in this final podcast episode I will be signing off with a few last thoughts on constitutional law. There is no new material this week but I did want to offer my congratulations to all of you for completing this course. If you are feeling frustrated, anxious, or maddened by what we've done this semester, I assure you that is all just fine... no one in this world really knows exactly what constitutional law means (not even the justices... thus the reason for concurring and dissenting opinions). Kudos on getting to the end of the semester and for tackling this topic which is no small feat. As you move past this class into the future, I hope you hold a space for thinking about the constitutional questions we face in the future. Take care and happy holidays!

Welcome to our final episode on new material for our course on Constitutional Law! In this episode, we will cover a lot of ground but with a heavy focus on economic processes. We will begin with discussion of the Contract Clause, take a bit of a roundabout into the 14th Amendment with a due process focus, and then return to the 5th Amendment's Takings Clause. Our concepts this week include one of the most complicated we've encountered (at least since dormant-power theory): substantive due process. I would encourage you to take your time with this one and to read through multiple resources and cases on this topic but keep in mind even the justices don't agree on what it means (or whether it exists). Congratulations on making it through our material for the semester!

Hi all; welcome to our second-to-last episode of the Con Law podcast for Fall 2024! In this episode, we are going to talk about the powers of Native American tribes. The tribes are specifically recognized entities within the Constitution and by the Congress, but sorting out what level of power and authority those tribes have has been an ongoing debate since the founding of our country. With this episode, we are going to take a high-level look at topics like self-government, power over lands, criminal justice (which has been a dominant area of concern in recent years), and the placement of children under the Indian Child Welfare Act (ICWA). We will also encounter some additional concepts with our cases, so be on the lookout for the court's use of commandeering, preemption, and dual sovereignty in these cases!

Hi all; welcome to part 3 of our discussion on federalism! In this last episode on federalism, we will cover "reserved" powers and a range of associated concepts with that topic: dormant-power theory, mutual-exclusiveness theory, and selective-exclusiveness theory. I'm not going to lie, these are complex concepts and hard to apply/understand. That said, do your best and try to focus more on getting an understanding of state "police powers", the tests we apply in relation to commerce, and the notion of "preemption". The last portion of this episode covers guidance on our peer reviews, so be sure to catch that if you have any questions on that assignment and process!

Welcome to our continued discussion of federalism, the division of power between the national (federal) government and state governments. In this episode, we will focus in on where the Supreme Court has established more of the federal/national authority. Our topics this week include the Commerce Clause, the taxing and spending power, concerns about dual federalism, and 5 cases that illustrate more of these powers in the modern era of the court. At about 40 minutes, this episode is a bit briefer and more to the point--but if you have any questions about what is covered do let me know!

Hi all, and welcome back to our weekly podcast--this week, our episode is going to discuss the division of power between the national (federal) government and the many state governments. Federalism is the word we use to capture that division of power... and boy has the power-sharing and power division changed over time! For this episode, we will cover the historical changes in the power division and look a bit into the cases that have challenged the long-term trend of the national government taking away powers that were often reserved for the states. As Justice Marshall noted, this issue "will probably continue to arise, as long as our system shall exist"... so here's to understanding a bit more about this never-ending story!

Hello all! In our first week after the midterm exam, we are going to take a slightly different approach and look at different contexts in which government powers are used. First up, we will examine the areas of foreign affairs, terrorism, and war. Which entities have power and in which was on these topics? This episode will go through several cases to give a high-level overview of those powers with a particular emphasis on conflict and war. Welcome to the second half of our semester!

It's here... the midterm! In this short episode, I've provided a few tips for you on how to approach the exam as well as described the policies and guidelines you need to follow for this test. I wish you all good luck on the exam!

Hello again everyone; welcome to our final episode before the midterm exam! In this episode, we will get an introduction to administrative law and the bureaucracy, also known as the "administrative state". Our emphasis in this podcast will be on understanding what administrative law is, what the bureaucracy is, the process of creating administrative law (the Administrative Procedure Act), a bit of the history and evolution of administrative law and power, and then an examination of three relevant cases (Chevron v. NRDC, Loper Bright v. Raimondo, and Garland v. Cargill). I will wrap up this podcast with some tips on the upcoming exam... but if you don't get to that part don't worry as I will repeat those in our Week 8 Midterm Episode!

Hello all; welcome to our episode for Week 6! This episode will get into the different types of powers of the presidency (both explicit and implied powers) including topics like vetoes, commutations/pardons, executive privilege, and presidential immunity. A lot of the cases we will encounter this week will involve a bit of a showdown between Congress and the president... with the Supreme Court as referee. It's a government power bonanza to say the least!