Best Akhil Reed Amar Podcasts (2024)

1
Virtuous Presidents and A Loose Cannon - guest Vikram Amar 1:48:58

22m ago1:48:58

1:48:58

Resignations are in the air, and our discussion - recorded before President Biden’s actions - offers surprising resonances in its wake. Meanwhile, our guest, Professor Vik Amar, provides not just a condemnation of Judge Cannon’s recent dismissal of the Trump documents case, but a refutation of the arguments she made, and a recitation of those cruci…

1
Resignation Realities and Bullets Dodged (Part 4) 1:34:23

32m ago1:34:23

1:34:23

President Biden is hearing calls from many quarters to step down as a candidate. Donald Trump is shot. Questions of presidential succession and/or resignation abound. While it may seem these are unique and strange situations which the American republic has never faced, in fact, resignation has been a key American issue for centuries. Episodes well-…

1
Disgrace 1:38:48

14d ago1:38:48

1:38:48

The Court’s opinion in the presidential immunity case Trump v. US, has sunk in. On reflection it is even worse that on first impression, and that is saying something. But just to condemn the opinion is not enough. Professor Amar distills the Court’s argument to its essence and explains why it completely collapses under any kind of rigorous scrutiny…

1
Debate Debacle, and Agency Atrophy 1:54:16

10d ago1:54:16

1:54:16

In an exhausting week, the Court released a number of long-awaited cases, and we had a consequential presidential debate. We look at several cases that many believe have profound implications for the administrative state; the opinions in SEC v. Jarkesy, and Loper Bright v. Raimondo clearly have the effect of increasing the role of courts and juries…

1
The Court's Originalism About Face 1:30:42

17d ago1:30:42

1:30:42

As the end of the term approaches the deluge of major cases has begun. Two big cases - the eagerly awaited sequel to the Bruen case - Rahimi - features an orgy of originalist theorizing and opining. Meanwhile, in Moore v. US - a case where Professor Amar and his team had an amicus brief - the tax power was upheld, but reading the opinion one might …

1
Protests, Mifepristone, and Bump Stocks 1:39:28

25d ago1:39:28

1:39:28

Akhil is in Boston this week and reminds us that the history of the American Revolution, where Boston is so pivotal, contains myriad lessons that provide insight into the student protests of today - so we look at this subject in some detail. Meanwhile, the Court issued opinions in two prominent cases, and Akhil seems to be reluctant to take “yes” f…

1
Lear Jets, Books, and Virtue 1:22:52

1M ago1:22:52

1:22:52

The Court is taking its time on major opinion, which gives us a moment to turn to other matters. Ethics remain in the news; the Court’s annual financial disclosures contain a number of surprises - maybe not so surprising. There’s a lot to say there, and we have some proposals to improve the situation. President Biden takes a position on a pardon, a…

1
The Jury Speaks 1:12:28

1M ago1:12:28

1:12:28

The verdict is in: guilty x 34. A jury of Trump’s peers had its say, but the ex-president couldn’t leave it at that, of course. On the legitimate side, the appeals are expected to begin soon. On the Trump bombastic side, he blasted every institution in the legal system for having the audacity to do their duty. Particularly in the case of the ordina…

1
Big Mouth on Campus 1:32:20

2M ago1:32:20

1:32:20

The nation has been riled by campus unrest surrounding events in the Middle East. Terms like “freedom of speech,” “academic freedom,” “right to protest,” “conduct vs. speech,” and issues of hate speech, offensive speech, safety, and more have arisen. We start our look at this situation where we always begin: with the Constitution. This episode aims…

1
Flags of Our Spouses 1:18:24

2M ago1:18:24

1:18:24

More than three years after the January 6, 2021 disastrous events, we remarkably are just now first learning of a complex series of events with profound ethical implications for Justice Alito. Like his fellow justice, Clarence Thomas, Justice Alito’s wife’s actions, possibly political in nature, have placed the Justice in a position where his own a…

1
Trials, Pardons, and Elephants 1:51:52

2M ago1:51:52

1:51:52

Donald Trump’s New York trial - where a conviction would be federal pardon-proof - has proceeded apace. we are pleased to bring a report to you from the trial itself, introducing you to one of Professor Amar’s star students in the process. Are there constitutional issues stemming from the trial? You bet, and we address some of them. Meanwhile, a nu…

1
Immunity versus The Rule of Law 1:11:30

2M ago1:11:30

1:11:30

This week we continue with clips from the oral argument in the immunity case (Trump v. United States). Most of this week’s clips come from attorney Dreeben (representing the Special Counsel, and therefore the people of the United States), and some of the Justices have at him, sometimes in way Professor Amar finds wrong-headed or worse. Our own argu…

1
Sense and Nonsense on Immunity 1:20:37

3M ago1:20:37

1:20:37

The nine Justices heard arguments on ex-president Trump’s attempt to claim a sweeping immunity from criminal liability and prosecution. We present clips from the argument and our commentary, including some historical analysis of claims that Benjamin Franklin spoke in favor of such a thing (spoiler: NO), and many other claims which we had predicted …

1
Don't Touch but Do Convict 1:21:51

3M ago1:21:51

1:21:51

As we close in on oral argument in the Trump v. United States case wherein Trump asserts some sort of permanent presidential immunity, we close out our preparatory analysis. Impeachment’s relationship to criminal prosecution is explored. Some founding-era conversations involving, for example, John Adams, inform our discussion. Does the concept of d…

1
Crime Means Punishment 1:25:18

3M ago1:25:18

1:25:18

As oral argument in the Trump immunity case draws closer, we continue our discussion of presidential immunity from criminal prosecution. Do so-called “official acts” during a president’s tenure in office raise special considerations? Constitutional text seems to offer an easy way out of the case - but does it, really - and historical precedents ent…

1
Immunity Therapy 1:26:38

3M ago1:26:38

1:26:38

Former President Trump is making an extraordinary claim to the Supreme Court: that he is immune from criminal prosecution for crimes he may have committed while president. The Court has agreed to hear arguments on this proposition on April 25. We begin the preparation by posing the questions and taking them on. Professor Amar is an expert on Presid…

1
No Standing Any Time 1:52:10

4M ago1:52:10

1:52:10

The Supreme Court heard the case on the legality of FDA regulation of Mifepristone. Issues of standing seemed to dominate, so Professor Amar treats us to a master class on standing - in this case, and its recent evolution. He also suggests that at least one Justice might benefit by attending. In a wide-ranging episode, we also share excitement and …

1
History Will Judge 1:31:11

4M ago1:31:11

1:31:11

We round up our analysis of the opinion in Trump v. Anderson with Justice Barrett’s concurrence. All of this has raised many questions, particularly in light of the Court’s errant reasoning and other shenanigans. And it turns out that many of the best questions come from you, our audience! So we turn to those as well, both about Section 3, and othe…

1
Dissenting in Concurrence 1:37:57

4M ago1:37:57

1:37:57

The Trump v. Anderson lead balloon continues to smolder. This episode looks at the areas wherein the concurring Justices took issue with the per curiam, and they are many. Indeed, the three Justices who concurred only in the judgment disagree with the scope of the per curiam as well as its particulars, and their concurrence reads more like a dissen…

1
What the Concurrences Should Have Said 1:16:55

4M ago1:16:55

1:16:55

The concurrence by three Justices (as opposed to that of Justice Barrett) in Trump v. Anderson concurs only in the judgment. We look at different types of concurrences and why a Justice might choose one type or the other; and as for this one, we find much to dissent with. We dissect the arguments and now with the benefit of a week since the opinion…

1
Happy Anniversary Mr. Lincoln from the Court 1:33:09

5M ago1:33:09

1:33:09

The Court has ruled in Trump v. Anderson, and a strange day it was. An announcement on a Sunday of opinion on Monday; no justices present; metadata weirdness, and worst of all, a unanimous opinion that is unanimously wrong. Concurrences that are dissents. A nearly 250 year old electoral college system that somehow escaped the Justices. Notorious ca…

1
Staking our Claim 1:04:17

5M ago1:04:17

1:04:17

We’re back, and still waiting for the opinion in Trump v. Anderson, which gives us a chance to highlight important new evidence that has come to light - thanks in large part to Professor Amar’s great law student team. It fatally undermines what seemed likely to be the reasoning the opinion was going to take. Will it matter? This is related to the r…

1
What the Oral Argument Should Have Said - Part 2 1:48:32

5M ago1:48:32

1:48:32

As promised, we return in very short order with the completion of our analysis and response to the oral argument in Trump v. Anderson - before the Court has ruled. Again, key clips from the argument are played and dissected. The previous Part I episode concentrated on arguments concerning self-execution of Section Three; this episode reviews many o…

1
What the Oral Argument Should Have Said 1:31:45

6M ago1:31:45

1:31:45

EARLY UPLOAD - The Supreme Court heard oral arguments in Trump v. Anderson on Thursday, and we were so alarmed by the errant direction they took that we decided to take to the air early. Here are key clips from the argument dissected - exposed, really - to reveal the mistaken representations of the meaning of certain cases; the ignoring of key fact…

1
20 Questions on Section 3 and Insurrection #1 - Special Guest Ted Widmer 1:47:05

6M ago1:47:05

1:47:05

Oral arguments are scheduled for this Thursday in the Trump v. Anderson case, concerning the possible disqualification of former President Trump from the ballot in Colorado, and with a myriad of questions surrounding Section Three of the Fourteenth Amendment at stake. We have something new to offer, as the distinguished historian, Professor Ted Wid…

1
A Self-Educating Gaffe 1:36:49

6M ago1:36:49

1:36:49

Oral arguments are approaching in the Trump v. Anderson case, and the nation is talking about little else. At the Harvard Law School, Professor Amar is invited to debate a former US Attorney General and Federal Judge, Michael Mukasey, who also submitted an amicus brief in the case together with Bill Barr and Ed Meese, among others. We analyze the d…

1
The Amicus Brief - Part Two 1:17:35

6M ago1:17:35

1:17:35

The legal world is abuzz with the impending oral arguments in Trump v. Anderson in a couple of weeks. In the forefront are the powerful arguments and compelling history that are introduced in the amicus brief from the Professors Amar. We continue to delve into the principal lines of reasoning in the brief, and how they take the starch out for some …

1
Friends of the Court - The Brief 1:25:16

6M ago1:25:16

1:25:16

The “brothers-in-law” Vik and Akhil Amar have filed an amicus brief in Trump v. Anderson et al. The brief contains a dramatic historic episode that you almost certainly knew nothing about, and which is highly relevant - perhaps decisive - to the case. Prepare to be amazed by this story of the “First Insurrection,” which preceded and was distinguish…

1
Section Three Goes to Washington 1:15:48

7M ago1:15:48

1:15:48

The months of discussion of Section Three on Amarica's Constitution now make their way to Washington, as cert has been granted in Trump v. Anderson. Amicus briefs will pour in - including the brothers Amar's brief. We present some of the approach the brief will take, and we look at the nine Justices, taking account of their jurisprudential history …

1
Section Three Punditry: The Good, The Bad, and The Silly 1:49:03

7M ago1:49:03

1:49:03

The nation awaits the Supreme Court’s seemingly inevitable review of the Section Three case from Colorado, and perhaps Maine as well. Media around the world is weighing in with editorials and op-Ed’s; a smorgasbord of legal, political, and predictive arguments from professors, editors, elected officials, and others with their own range of expertise…

1
The World Turns to Section Three 1:55:37

7M ago1:55:37

1:55:37

The Colorado Supreme Court opinion on disqualifying Donald Trump, though long anticipated, landed like a tornado. Op-eds, pundits, academics, officials - all are weighing in. It’s a victory for democracy - no, it’s antidemocratic. Section Three is a dead letter - no, it’s self-executing. Trump is out - no, this helps him. America is reaffirmed - no…

1
Juries, Jarkesy, and a Joke 1:51:24

7M ago1:51:24

1:51:24

The administrative state is up for grabs, some say, in the case of SEC v. Jarkesy, which was argued before the Supreme Court recently. We have another “clip” episode, with Akhil weighing in on attorneys and justices alike. It’s particularly appropriate in this case, because so much of the case concerns juries and the 7th amendment - which, by the w…

1
2 Experts, 3 Courts, Section 3, Part 3 - Special Guests William Baude and Michael Stokes Paulsen 1:55:17

8M ago1:55:17

1:55:17

The question of Donald Trump's disqualification under Section 3 of the 14th Amendment is before the courts. Last week the Colorado Supreme Court heard appeals of the District Court rulings. As they consider their decision, we have the privilege of hearing from the nation's two leading experts on the subject, the author of The Sweep and Force of Sec…

1
Sandra the First 1:36:01

8M ago1:36:01

1:36:01

There is no shortage of tributes to the just passed Justice Sandra Day O’Connor, and rightly so, and this first female Justice richly deserves praise and memory. We aim to offer a tribute by taking her seriously as a Justice of ideas as well as the frequently mentioned deeply human remarkable woman she was. Fortunately, Akhil’s career has been inte…

1
Sense and Nonsensibility on Section 3 - Special Guests Mark Graber and Gerard Magliocca 1:32:00

8M ago1:32:00

1:32:00

Donald Trump’s disqualification for the Presidency under Section 3 of the 14th Amendment is on the docket for the Colorado Supreme Court next week. We have brought the two leading experts on the history of this clause to our podcast. They have written extensively on the 38th-40th Congresses who passed and first acted under the amendment; on John Bi…

1
Guns, Clips, and Rahimi 1:39:42

8M ago1:39:42

1:39:42

The Supreme Court heard oral arguments in US v. Rahimi, a significant gun case, and we get to work. We have pulled clips from the argument so you can hear the justices and advocates in their own words, and Akhil comments after each clip. The case is important in itself, with wide implications regarding permissible gun regulation, and it also touche…

1
Moore on the Brief - Special Guest Vikram David Amar 1:43:33

9M ago1:43:33

1:43:33

The Amars’ amicus brief in Moore vs. United States is the talk of the legal ecosphere. Akhil’s co-author, Professor Vik Amar, joins us for analysis of the precedents that followed Hylton - faithful and otherwise. This tour de force of legal analysis is perfectly suited for your CLE credit. We also look at recent comments from the Supreme Court on M…

1
Moore, in Brief 1:29:03

9M ago1:29:03

1:29:03

In our 150th episode, we present the amicus brief in Moore v. United States, authored by Professor Amar with his brother, Professor Vikram Amar. Reminder: CLE credit is available after listening by going to podcast.njsba.com. The brief begins with the provocative statement that most other briefs in the case have missed the point? What is the point …

1
Aisles, not Walls 1:28:56

9M ago1:28:56

1:28:56

The follies in the House have ended, for now. Many Americans looked upon the travesty with despair, wondering if our government might yet be up to the task of leading and reaching beyond party to find country and duty. We take a good look and search for places where reaching across the aisle might still take place - and we try to do our part and go…

1
Speakerless 1:19:48

9M ago1:19:48

1:19:48

Still no speaker. Is it really the case that the House can’t do anything? How might it work? What about Section 3 of the 14th Amendment - does it play any role in the Speaker selection process? Meanwhile, we turn towards the other Jordan and see the dangers of insecure borders that are inherently hard to defend. Professor Amar explains how this sim…

1
A Tale of Two Jordans 1:34:29

9M ago1:34:29

1:34:29

The House is at it again, and there is no Speaker in the chair as of this recording. So many implications - for Presidential succession, for democratic governance, for legislative stalemate. Meanwhile violence escalates in the Middle East. How are these connected? We explore all these, and Akhil has some fascinating originalist analyses - of histor…

1
Allen and Affirmative Action, Again 1:23:32

10M ago1:23:32

1:23:32

After the Court decided important voting rights and affirmative action cases last term, these issues are back either before the Court or apparently headed for it. Why? We look at Allen v. Milligan, and affirmative action in the service academies, and find that the bounce-back of what seem to be entirely unrelated cases in fact demonstrates importan…

1
Eleven Presidents - Special Guest Bob Woodward 1:31:13

10M ago1:31:13

1:31:13

The career of America’s greatest investigative reporter has spanned more than 50 years, and Bob Woodward has told the stories of eleven presidents, the Supreme Court, the Intelligence Community, and indeed the American political system with a penetrating, persistent drive towards the truth. (LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUC…

1
Have Kavanaugh, Will Travel 1:25:23

10M ago1:25:23

1:25:23

It’s almost October, and the Supreme Court readies to hear a new set of cases. The Roberts Court seems defined above all by the Dobbs decision at this point. The opinion, authored by Justice Alito, has been exhaustively dissected, but looking forward, we see various states taking further and more extreme actions. What role will the so-called swing …

1
Justice Jackson’s Santa Clause 1:47:34

10M ago1:47:34

1:47:34

It’s an assortment of topics as listeners response to some recent developments and nagging questions. We revisit the 303 case, specifically the dissent, as Justice Jackson lays out an interesting hypothetical that doesn’t produce, perhaps, the intended response - at least from Professor Amar. Meanwhile, Justice Alito is back in the news with his ju…

1
An Officer and a President 1:28:27

11M ago1:28:27

1:28:27

Two recent major podcast themes - section 3 of the fourteenth amendment, and judicial ethics - echoed through the news this past week. Wisconsin legislators seek to impeach a new state Supreme Court Justice before she even sits for a case; and in Washington, Justice Alito is asked to recuse himself because of an interview he gave. Meanwhile, Sectio…

1
The Two Experts, Part Two - Special Guests William Baude and Michael Stokes Paulsen 1:37:38

11M ago1:37:38

1:37:38

***CLE Available*** We continue our exclusive discussion with the Professors Baude and Paulsen, authors of the bombshell article declaring Trump ineligible for the Presidency. This time we explore some concerns that have been voiced in the media and elsewhere; we look at how this provision might make itself effective in practice. We trace the possi…

1
The Two Experts on Section Three - Special Guests William Baude and Michael Stokes Paulsen 1:34:01

11M ago1:34:01

1:34:01

***CLE available*** In a special episode, the two distinguished authors of a recent major article, which dives deep into Section 3 of the Fourteenth Amendment and finds that Donald Trump is disqualified from the Presidency, join us for a thoughtful and rigorous examination of the tough questions about their conclusions. These are leading conservati…

1
Georgia On Our Minds - Special Guest Ruth Marcus 1:15:04

11M ago1:15:04

1:15:04

Everyone needs a translator, and for decades there have been few better than Washington Post columnist, reporter, and editor Ruth Marcus. She has made understandable the intricacies of many a Supreme Court matter, not to mention the vicissitudes of other Washington institutions. Now, with Federal and State cases against former president Trump pendi…

1
This Must Be The Place 1:27:48

12M ago1:27:48

1:27:48

Ex-President Trump faces a number of trials, and he doesn’t like where some of them are. Too many Democrats, or he doesn’t like the judge. Does he have recourse? No surprise - Professor Amar has written on this subject. There is a fascinating history behind it, an originalism analysis, and, most importantly - an answer. Changes of venue, bench tria…

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Akhil Reed Amar Podcasts

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