The Real Steal, Part 2 - Special Guest Vikram D. Amar

The Real Steal, Part 2 - Special Guest Vikram D. Amar

This episode presents Part 2 of our series on the grave threat that “Independent State Legislature” theory presents to the Republic, and why it is completely, irrefutably wrong. We welcome Dean Vikram Amar, who co-authored with Akhil their current article, about to be published in Supreme Court Review, which is already widely cited in the media and in forthcoming articles by other scholars. This article attempts to put to rest ISL theory by showing how it is wrong from every conceivable angle of analysis. We take up that analysis, beginning with the text, history, and structure of the Constitution, and then through an ingenious analysis of actual practice. We have been saying that this issue is coming, and by all accounts, it’s here.

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Avsnitt(297)

Circuit Breaker

Circuit Breaker

The Eighth Circuit is at it again, believe it or not.  Despite what appeared to be a clear directive from the Supreme Court to use the 2022 map in the upcoming federal election in Missouri, a panel of...

24 Sep 46min

The Constitution Goes to Princeton

The Constitution Goes to Princeton

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18 Sep 1h 23min

More Statesmanship, and State Constitutions - Special Guests Steven B. Smith and Vikram D. Amar

More Statesmanship, and State Constitutions - Special Guests Steven B. Smith and Vikram D. Amar

The big issue in the news today is the Missouri legislature’s attempt to avoid the state constitution’s referendum provisions in order to impose a legislative map that would advantage Republicans to t...

9 Sep 1h 44min

The Statesman's Constitution - Special Guest Steven B. Smith

The Statesman's Constitution - Special Guest Steven B. Smith

Originalists venerate the Founders, who were by most reckonings a group of remarkable statesmen.  Today, many Americans look seemingly in vain for a statesman worthy of the moment and its challenges. ...

2 Sep 1h 34min

An Amendment Like Some Others - Special Guest Vikram D. Amar

An Amendment Like Some Others - Special Guest Vikram D. Amar

Voting rights are in the news.  The state and federal governments have sought to weigh in and intervene on election laws, as we have seen in previous cycles.  This time, a number of states have passed...

26 Aug 1h 21min

Preclearing the President

Preclearing the President

What happens when the president loses in court, even at the Supreme Court, but repeatedly attempts to fight the battle again?  New tariffs are offered after the old ones are thrown out.  Birthright ci...

19 Aug 1h 14min

There You Go Again

There You Go Again

The President did not file for reconsideration of the Court’s decision in Trump v. Barbara, but the President nevertheless doesn’t let the Constitution rest, issuing two new executive orders that purp...

12 Aug 1h 8min

Dobbs and Bruen Plus Time

Dobbs and Bruen Plus Time

As we make our way through the 20 most constitutionally significant cases of the Roberts court, this episode takes us through two cases that have continued to have resonance with the American people a...

5 Aug 1h 19min

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