Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America Podcast
1) The Jimmy Kimmel Kerfuffle and How to Think About It
We talk about the Jimmy Kimmel episode, a small victory in the fight against Trumpism. We range more widely, though, in identifying no fewer than five groups who have competing First Amendment interes...Show More
2) Birthright Citizenship
Why are the birthright citizenship cases both not such a big deal and a big deal? After going through the arguments for the Trump administration’s position in some detail (the arguments against it are...Show More
3) A Conversation with Will Baude
Our conversation with Will Baude covers his ideas about originalism as "our law" and the implications of his position for a constitution--ours, perhaps--that isn't normatively attractive overall.
4) Recap and Trump's Tariffs
We pick up after our summer break with a recap of our arguments about constitutional theory. Then we discuss the pending Supreme Court decision about President Trump’s power to impose tariffs, getting...Show More
5) Constitutional Criminal Procedure
Today we apply our way of thinking about the Constitution—what we’ve been calling constitutional theory—to a topic that isn’t usually discussed in those terms even though it gets a lot of attention: c...Show More
6) Current Events, Resistance, and Jury Nullification
This current events episode uses ICE arrests of public officials and protestors as the vehicle for a discussion of jury nullification as a constitutional or political practice. We begin with the story...Show More
7) The Anti-Oligarchy Constitution: A Conversation
Joseph Fishkin and William Forbath join us to discuss their book The Anti-Oligarchy Constitution. We talk about what their book's title describes, why they think it matters to describe it as a "consti...Show More
8) Mike's Version of Constitutional Theory (or Anti-Theory)
Mike gets a chance to lay out his approach. We begin with a longish discussion of the Emancipation Proclamation: Was it merely a “bill of lading”/military measure (Mark) or an extraconstitutional acti...Show More
9) Tushnet's Approach Concluded At Last!
The final (!) episode laying out Tushnet’s “craft” account of what judicial review done well looks like. We discuss Tushnet’s argument that good judges use legal reasoning, not direct appeals to justi...Show More
10) A Convefrsation with Aziz Rana
We have our first guest! We engage in a wide-ranging conversation with Aziz Rana, jumping off from his important book The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them ...Show More