What Trump Can Teach Us About Con Law
Alle afleveringen
101 afleveringen, van nieuw naar oud
-
Midterms Mayhem
22 oktober 2026 · 45 min
For our 100th episode, how the Supreme Court's interpretation of what an undocumented immigrant looks like could impact voting during the midterms. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
A Certain Dangerous Engine
9 oktober 2026 · 42 min
The connection between a booby-trapped garden in Regency England and artificial intelligence. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Nonmailable Matter
26 september 2026 · 48 min
The twists and turns of Americans’ ability to vote by mail in the 2026 midterms. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Who Gets To Sue
9 september 2026 · 44 min
How many of you have been personally victimized by President Trump’s tacky ballroom? Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Do You Know How Your Phone Works?
28 augustus 2026 · 55 min
A massive victory for privacy advocates in the Supreme Court hinged on what the justices say a user “reasonably expects” to be their own, personal data. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Constitutional Explosive Diarrhea
10 augustus 2026 · 52 min
A Supreme Court decision about the administrative state went under the radar, but its implications have the potential to touch almost every aspect of modern life. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Shop Class and Sports Teams
27 juli 2026 · 46 min
In a decision filled with hypotheticals, the Supreme Court has ruled it is constitutional to bar transgender girls and women from playing on school sports teams that match their gender identity. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Who Gets To Be a Citizen?
14 juli 2026 · 49 min
The Supreme Court narrowly upheld birthright citizenship in the 5-4 decision of Trump v. Barbara. But the debate over who is granted citizenship — and who can be stripped of it — is far from over. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Cracking and Packing
11 juni 2026 · 52 min
Gerrymandering has long been part of American politics. But as the conservative majority on the Supreme Court has gutted the Voting Rights Act, states are getting more extreme with their redistricting. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
What Is a War?
28 november 2025 · 36 min
The Trump administration’s attacks on Venezuelan boats defy even the broadest interpretation of the president's war powers. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Smoot, Hawley, and Trump
27 september 2025 · 33 min
A Senate fight over Lady Chatterley’s Lover paved the way for Trump’s sweeping tariffs. Now the Supreme Court will decide if presidents can use emergency powers to sidestep Congress on trade. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Bad Faith President
25 juli 2025 · 33 min
The United States generally does not allow a standing army to be used against civilians. But Trump has been exploiting an exception to keep troops in Los Angeles to protect ICE agents, with terrifying implications. Lees meer
Bad Faith President
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
The Return of Con Law
10 juni 2025 · 58 min
We heard you. The chorus of voices asking “where is Con Law? Where is Professor Elizabeth Joh to guide us through this madness? We need it now more than ever!” Well, here it is. We’re back with a special extra-long episode about Trump’s perverted use of the Alien Enemies Act to deport people without due process and how judges are trying to hold the administration accountable to the Constitution. Lees meer
Plus, we announce the launch of The 99% Invisible Breakdown: The Constitution, where Elizabeth and Roman will tackle a different section of this 7600-word document each month, treating the Constitution as a text to be analyzed.
The second half of each Breakdown episode will be an installment of What Trump Can Teach Us About Con Law. That portion will continue to be available here, in this feed.
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Election Lawsuits
4 november 2024 · 34 min
No matter what happens on Election Day, Trump and his allies have already put legal challenges in motion. Here’s what a nerdy agency, hanging chads, and zombie lawsuits can tell us about how all this could play out. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Enemy Aliens
29 oktober 2024 · 32 min
Falsely claiming there is a wave of violence perpetrated by migrants, Trump has threatened mass deportations under the broad and terrifying powers of the Alien Enemies Act. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Faithless Electors and Wrong Winners
8 oktober 2024 · 33 min
The United States has a strange way of electing presidents. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Deepfakes and Lying Liars
24 september 2024 · 32 min
Election deepfakes have the potential to change people's opinions about a presidential election in ways that can be harmful to democracy and the truth itself. But what does the Constitution say about regulating these manipulated images? One place to look: Hustler Magazine. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Whose Speech, Whose Campus
10 september 2024 · 31 min
As students go back to school, colleges and universities across the country are preparing for the continuation of protests against the Israel-Hamas war—and claims by other students that the protests are violating their own civil rights. Institutions and courts are now weighing the question: whose free speech matters more? Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Fishy Deep State
27 augustus 2024 · 32 min
What’s the connection between former President Donald Trump's attacks on the so-called “Deep State" and a tiny silvery fish? The Supreme Court, of course. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Cruel and Unusual
14 augustus 2024 · 34 min
In 1960, a man named Lawrence Robinson was sentenced to 90 days in jail for violating a California law that made it illegal to be addicted to narcotics. This summer, California Governor Gavin Newsom issued an executive order telling agencies to clear “dangerous” homeless encampments on state land. What links these two situations? The Eighth Amendment. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Farfetched Arguments
31 juli 2024 · 27 min
After an unprecedented several weeks in politics, some on the right are advancing far-fetched arguments to challenge Vice President Kamala Harris’ presidential campaign, and a federal judge in Florida threw out the classified documents case against former President Donald Trump. Lees meer
Neither of these are based on established constitutional precedent.
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Law-Free Zone
17 juli 2024 · 38 min
The concept of presidential immunity is not explicitly stated anywhere in the Constitution. That hasn’t stopped the Supreme Court from essentially creating what Justice Sonia Sotomayor called "a law-free zone around the President." Lees meer
What does this mean for the criminal cases against former President Trump? And what are the implications for the office of the presidency?
Note: this episode was recorded before the assassination attempt on President Trump.
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
The Disqualification Clause
18 december 2023 · 34 min
In the aftermath of the Civil War, the Disqualification Clause was adopted to ensure that former officials and soldiers in the Confederacy would be barred from serving in public office. Lees meer
And for the first time in 153 years, an elected official has been disqualified for future office for his role in an insurrection: a New Mexico county commissioner who marched to the Capitol on January 6, 2021.
Voters have filed lawsuits against Trump, arguing that the former president’s role in inciting his followers to disrupt the election certification makes him an insurrectionist, and therefore, disqualified from becoming president again. What does all this mean for Trump and his 2024 presidential candidacy?
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Gag
2 november 2023 · 32 min
Gag orders are usually put in place to protect a defendant's right to a fair trial by limiting inflammatory statements. What happens when it's the defendant making the inflammatory statements and that defendant is a current candidate and former President of the United States? Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Margarine, Meadows, and Removal
19 september 2023 · 33 min
On August 14, Fulton County District Attorney Fani Willis announced that the grand jury had returned a criminal indictment against Trump and eighteen other defendants for what they did in the days and weeks after the 2020 election. The story told by the indictment is that this group were part of a criminal enterprise that worked towards one singular goal: overturn the 2020 presidential election results in Georgia. Lees meer
One of the people indicted is former White House Chief of Staff Mark Meadows. He is trying to get his case tried in federal court instead of Georgia state court.
In his petition, Meadows cites a 1899 case about margarine. Yes, margarine.
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Comstock Zombies
31 mei 2023 · 30 min
19th century "zombie" laws are shambling into the abortion debate. The Comstock Act of 1873 made it illegal to send “obscene, lewd or lascivious,” “immoral,” or “indecent” material through the mail. Does that include abortion pills? Lees meer
Comstock Zombies
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
On the Eve of Trump's Arraignment
4 april 2023 · 27 min
On April 4th (that’s tomorrow as I record this) former President Trump is expected to be arraigned in a Manhattan court room. He was indicted by a New York grand jury last week but the exact charges against him remain unknown until he appears in court. On Thursday last week, Elizabeth Joh and I recorded an episode all about the Manhattan District Attorney’s investigation into Trump’s alleged hush money payments and the New York grand jury deliberations. About an hour after we finished that recording, the grand jury indictment was announced. All the reporting so far has indicated that the charges and circumstances around the alleged crimes conform to everything we discussed on March 30th last week, so I thought releasing this was still valuable even though it’s a developing story. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Lies, George Santos, and the 1st Amendment
17 maart 2023 · 24 min
New York's 3rd Congressional District elected a newcomer named George Santos in November of 2022. Since the election, it was revealed that Santos lied about nearly everything on his resume. What does the Constitution say about lies, punishing lies, and punishing someone who lies to get elected? Time to find out! Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Weddings, Websites, and Forced Speech
10 februari 2023 · 34 min
It’s been established law that it is wrong for businesses to discriminate against customers because of their race or ethnic background, but what if a business owner refuses to serve someone because of their sexual orientation? And what if that business owner asserts that serving a gay customer violates their first amendment rights? Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
The War Between the States
27 november 2022 · 31 min
How the Dormant Commerce Clause tries to stop states from passing laws that put an undue burden on interstate commerce and what that means for states that wish to forward specific ethical agendas. Plus, what's going on with student debt relief: who filed a lawsuit against it and why. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Trump's Bet on Cannon
22 oktober 2022 · 33 min
When the FBI executed a search warrant on his home, Trump and his lawyers filed their complaints in a district where they thought they’d get sympathetic treatment from Judge Aileen Cannon, who Trump appointed. The assignment of a particular judge is not up to Trump, but in this case, he got lucky, and Cannon was assigned. How did Trump’s gamble on getting his case in front of Judge Cannon work out? Let’s find out. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
The Mar-a-Lago Warrant
10 september 2022 · 37 min
The official court order that permitted the search of Mar-a-Lago was made public, and even though much of it was redacted, there is a lot of information about what the government was looking for and which crimes the DOJ are investigating . Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
The Longest Week
13 augustus 2022 · 28 min
In the final week of the most recent term, the Supreme Court decided to limit one constitutional right (abortion) and expand another constitutional right (guns). But there were other cases decided that week, which were also important and marked this as one of the most historically significant terms in over 100 years. So what happened in those other cases and why are they so important? Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Jan 6 and the Evidence Against Trump
6 augustus 2022 · 35 min
What have we learned from the January 6th Committee hearings and what does is mean for a potential Justice Department investigation of Trump? Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
After Dobbs
29 juni 2022 · 41 min
The Dobbs v. Jackson Women's Health Organization decision has overturned Roe v. Wade and revoked the right to abortion, a Constitutionally guaranteed right we have had for about 50 years. What happens now? Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
The Second Amendment
7 juni 2022 · 32 min
The recent mass shootings and a New York gun carrying permit case awaiting a decision from the Supreme Court calls for an examination of the current interpretation of the Second Amendment. The Heller decision from 2008 is the foundation of modern thought on the subject, but that decision is based on guessing what law makers thought hundreds of years ago. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Ethics and Masks
16 mei 2022 · 36 min
The January 6th committee investigation uncovered unhinged texts from Ginni Thomas, wife of Supreme Court Justice Clarence Thomas, that implicated her in the riot on the Capitol. The release of the Trump White House records that led to the discovery of the texts was an issue that was decided by the Supreme Court. In an 8-1 decision the Court ordered the records released. The lone dissenter was Clarence Thomas. What are the ethical rules for conflicts of interest and the appearance of impartiality on the Supreme Court? Lees meer
Plus, a new district court judge throws out the mask mandate.
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
The Leaked Draft
4 mei 2022 · 42 min
On May 2, 2022 a draft majority opinion written by Justice Alito was leaked to the press. His draft opinion on Dobbs v. Jackson Women’s Health Organization overturns Roe v. Wade and puts many other constitutional rights the court has guaranteed under the 14th Amendment under threat. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
On the Other End of the Line
31 maart 2022 · 38 min
Trump's improper dealing with Ukraine was what led to his first impeachment. While most of us were focused on the domestic political implications of Trump's actions, the country of Ukraine was put into jeopardy in a way that many didn't fully realize until the recent Russian invasion. Time to revisit the first Trump impeachment now that we know more about who was on the other end of that phone line and the imminent danger they were in. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Book Banning and the Constitution
2 maart 2022 · 37 min
A school district in Tennessee voted to ban the graphic novel Maus from their curriculum. Because of a case called Pico (1982) the school board's stated objection to the material had to be very carefully worded as to not violate the First Amendment. Now a number of bills limiting the teaching of Critical Race Theory and the 1619 Project are also making their way through state legislatures. What can the government do about the books in the school library and the classroom and what does the Constitution say about it? Lees meer
Plus we talk about the nomination of Ketanji Brown Jackson to the Supreme Court.
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
The Administrative State
1 februari 2022 · 39 min
What two rulings about COVID vaccine mandates tell us about the future of the Administrative State under this configuration of the Supreme Court. Plus updates on Texas abortion rights, Executive Privilege in the Jan 6 investigations, and Breyer! Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
A Jurisprudence of Doubt
17 december 2021 · 42 min
Supreme Court cases from Mississippi and Texas are challenging long upheld precedents that established abortion rights. Reproductive rights, and many others, are not explicitly referenced in the Constitution, but are considered fundamental because of the presence of the word "liberty" in the 14th Amendment. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Executive Privilege, SB 8 update, and Rust
1 november 2021 · 28 min
An update on SB 8, Executive Privilege of presidential records connected with January 6th, and a short digression into criminal law about the tragic death on a movie set Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
The Eastman Memo
6 oktober 2021 · 28 min
John Eastman, a mainstream conservative lawyer working for Trump, outlined a plan for VP Pence to declare Trump the winner of the 2020 election regardless of the votes. It didn't happen, but should we be worried about the memo when it comes to future elections? Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Shadow Docket
9 september 2021 · 33 min
The "Shadow Docket," Texas's SB 8, and the state of abortion rights in the US Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Double Dose of Jacobson
3 augustus 2021 · 26 min
As people argue over public policy regarding the COVID vaccine, Jacobson V. Massachusetts is invoked a lot. Plus, Trump is in court and the first Capitol riot conviction. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Bong Hits for Jesus
2 juli 2021 · 34 min
This episode contains explicit language quoted from a cheerleader. Lees meer
Recorded on Monday 6/28, Professor Joh walks us through three recent decisions that came in at the end of the term and how they relate to court precedent.
California v. Texas
Mahanoy Area School District v. B.L.
Lange v. California
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Hate Crimes
31 mei 2021 · 28 min
On May 20, 2021, President Biden signed the COVID-19 Hate Crimes Act. This bill made special mention of hate crimes against Asian Americans. This was in stark contrast to his predecessor who stoked hate by using racist terms for the coronavirus. What exactly is a hate crime and what does the Constitution say about them? Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
Pattern and Practice
3 mei 2021 · 26 min
What can a President do when it comes to reforming the approximately 18,000 locally governed police departments around the US? The infamous Rodney King video showing him being graphically beaten by police officers helped catalyze a giant 1994 crime reform bill that brought the pattern and practice of local police departments under federal scrutiny. How does it work? Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
-
The Capitol Mob and their cell phones
27 maart 2021 · 27 min
On January 6th, a mob stormed the US Capitol to try to stop the certification of the presidential election results. Many of the insurrectionists will be tracked down and charged with crimes, in part, because their cell phone placed them in the Capitol Building during the attack. The case of Carpenter v. United States is the closest the Supreme Court has come to weighing in on the matter of historical cell phone data, but the decision didn’t not offer an opinion on law enforcement’s use of a location specific cell phone tower data dump without an individual suspect in mind. This brings up questions about the way warrants usually work under the Fourth Amendment. Lees meer
Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.