Unprecedential

That’s “republican” with a lowercase “r” — the set of structures and characteristics that together form a free people governing themselves through representative bodies and the rule of law.

In a special guest-less episode, Adam expands on a recent essay in which he argues that our republic’s constitutional structure depends upon the character of its public servants and its citizens.

Adam and Tal talk about the definitions and value of civility, and how Americans can see themselves as active participants in shaping the lessons of history. Tal cites the Bible; Adam quotes Ron Burgundy.

Additional Resources: – Gorsuch were the joys – Civility is overrated – The coming constitutional storm

Only a few select lawyers get to argue before the Supreme Court. But even fewer are personally appointed by a Supreme Court Justice to do so. Deepak Gupta is one such attorney, and is no stranger to unusual or uncharted territory. Before launching his own firm in 2012, Deepak helped start the Consumer Financial Protection Bureau as senior counsel for litigation.

After discussing life as a Supreme Court advocate, Adam and Deepak descend into wonkery about regulation, the administrative state, and whether various agency structures might be considered constitutional. Sure, Adam once tried to sue the CFPB into oblivion — but what’s a little constitutional litigation among friends?

What is an institution? How can we learn to see institutions more clearly in our daily lives? Yuval Levin, director of AEI’s Social, Cultural, and Constitutional Studies department, editor of National Affairs, and author of the new book “A Time to Build” on restoring American institutions, joins the show to discuss the structures of American associational life.

Adam asks him about the challenge of upholding existing institutions and how American citizens should think of themselves as parties to the institution that is the Constitution. Meanwhile, Yuval’s ability to speak in full paragraphs amazes and delights the audience.

For nearly 100 years the Supreme Court has declined to strike down laws that it believes “delegates” Congress’s legislative power to the Executive Branch. What would a more assertive “nondelegation doctrine” look like? Until then, what limits — if any — does the current nondelegation doctrine place upon Congress?  

Administrative Law nerds everywhere celebrate as we welcome an indefatigable champion of the nondelegation doctrine, George Washington University Law Professor Alan Morrison. Together, he and Adam discuss separation of powers, the judiciary’s role in enforcing that separation, and the timeless problem of vague laws. 

How strong is the “least dangerous branch?” Moreover, how self-restrained should it be?

In this episode of “Unprecedential,” Adam White interviews Greg Weiner, AEI visiting scholar and associate professor at Assumption College. Professor Weiner’s latest book, “The Political Constitution: The Case Against Judicial Supremacy,” argues that an over-active judiciary undermines the Constitution’s republican qualities. He and Adam discuss judicial restraint, judicial legitimacy, and the Madisonian and Burkean themes of Weiner’s previous books.

What is the constitutional presidency, and what does it demand of a president?

Stephen Knott, a professor at the US Naval War College, explores these themes in a new book: “The Lost Soul of the American Presidency.” In this episode of “Unprecedential,” Adam White asks him how we should understand the presidency in theory and in practice. Not every president can be a George Washington, but how close do we need them to come?

Where else would we start other than with the “first branch,” Congress?

Host Adam White interviews Josh Chafetz, a professor of law at Cornell University and author of “Congress’s Constitution: Legislative Authority and the Separation of Powers“. They discuss Congress’ powers, especially its “power of the purse” and its efforts to conduct “oversight” of the executive branch. Taped during the House’s impeachment hearings, we dive into a core constitutional question: What can Congress do, and how?

Welcome to Unprecedential, a new AEI podcast exploring American constitutionalism beyond the courts. Join host Adam White, producer Tal Fortgang, and guests as they examine the constitutional debates surrounding Congress, the President, and, of course, the courts.

Benjamin Franklin once (allegedly) said that the Founders gave us “a republic—if you can keep it”. On this podcast, we’ll discuss what it takes for the American people to do so.