What Trump Can Teach Us About Con Law

By Roman Mars

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Subscribers: 4057
Reviews: 25

 Sep 29, 2020
Much needed academic review of important constitutional issues.

 Sep 9, 2020

 Jul 31, 2020

proved me wrong
 Jan 6, 2020
I was afraid this was going to be biased, but besides some background chuckling, no matter one's political bent there is a lot to learn here without (few) offensive language.

 Dec 13, 2019


Professor Elizabeth Joh teaches Intro to Constitutional Law and most of the time this is a pretty straight forward job. But with Trump in office, everything has changed. Five minutes before class Professor Joh checks Twitter to find out what the 45th President has said and how it jibes with 200 years of the judicial branch interpreting and ruling on the Constitution. Hosted by acclaimed podcaster Roman Mars (99% Invisible, co-founder Radiotopia), this show is a weekly, fun, casual Con Law 101 class that uses the tumultuous and erratic activities of the executive branch under Trump to teach us all about the US Constitution. Proud member of Radiotopia from PRX.

Episode Date
45- SCOTUS without RBG

On September 18th, Ruth Bader Ginsburg died at the age of 87. She was a trailblazing jurist who fought for the equality of women before the law. But her legacy is in peril, as Donald Trump and Senate Republicans prepare to nominate a conservative successor. What can Democrats do to alter the course of the SCOTUS? And what does the constitution tell us about so-called ‘judicial supremacy’?

Sep 26, 2020
44- The Hatch Act and The Election

With only two months before the election, the Republican Party got a lot of attention - and scorn - for using the White House as a backdrop during their nominating convention. The convention appeared to be in contradiction of The Hatch Act, which forbids federal employees from political campaigning while they’re on duty. Even if the convention broke the law, will anyone be held accountable? Plus, we tackle the President’s recent comments casting doubt on mail-in balloting.

Aug 29, 2020
43- The Trump SCOTUS Term

We review some of the big cases that were decided during the SCOTUS term and assess the constitutionality of the federal policing of the Portland protests

Aug 01, 2020
42- Police, Race, and Federalism

As people around the world continue to protest police brutality, Republicans and Democrats in Congress have proposed bills that would reform policing across the U.S. But in the American system, states are given a lot of latitude over law enforcement, down to the use of tactics like chokeholds and tear gas. Given the constitution, what can the federal government actually do to make things better? Also, why was the ever-obscure Third Amendment trending last month?

Jun 27, 2020
41- The Socially Distanced SCOTUS

The Supreme Court may not be able to meet in person, but they are still doing business over conference call. This month, they've considered three cases about Donald Trump's finances, and whether they should be released to Congressional committees and prosecutors in New York. What does history tell us about these cases which could have major consequences for executive power?

May 30, 2020
40- Jacobson and COVID

In mid-April, 2020, states are beginning to explore ways to re-open their economies amid the global coronavirus pandemic. But with states devising their own paths forward, many are wondering what powers the government has, even during a national emergency. Are the states violating our civil liberties by enforcing these lockdowns? To answer this question, many legal scholars are looking to a 115-year-old Supreme Court case for answers, Jacobson v. Massachusetts.

Apr 24, 2020
39- Quarantine Powers

During a health crisis, what is the government allowed to do? As the novel coronavirus spreads across America, there have been closures and lockdowns across the country. In this episode, we look to history to understand who has the power to quarantine, and how the office of the president can be used to slow down a pandemic.

Mar 17, 2020
38- Prosecutorial Discretion

Prosecutors recommended that Roger Stone, an associate of Donald Trump, be given a heavy penalty after being convicted of seven felony counts, including lying to authorities. But after intervention from Attorney General Barr, and tweets from the President, those recommendations were rescinded. What can his case tell us about presidential interference and prosecutorial discretion?

Feb 22, 2020
37- War Powers and Impeachment Update

After Donald Trump ordered the killing of Iranian general Qasem Soleimani, many wondered if the two countries were on the brink of a major conflict. This incident is only the latest in the long-standing fight between Congress and the President over who has the power to make war, and if an act of violence against another state can be legitimate without Congressional approval.

This episode also includes an update on the Senate impeachment trial of Donald Trump, which began earlier this week.

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Jan 25, 2020
36- Bribery

Bribery is one of the three offenses listed in the Constitution as grounds for impeachment. Even though that is attempting to bribe Ukraine is the act that precipitated to Trump’s impeachment, it’s not explicitly listed in the articles of impeachment. Why is that?

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Dec 23, 2019
35- Confrontation Clause

Since the beginning of the impeachment proceedings against the President, Donald Trump has insisted he has a right to confront “the whistleblower,” the anonymous member of the intelligence community who set the whole thing in motion. There is a Confrontation Clause in the Sixth Amendment of the United States Constitution, which says a defendant in a criminal case has the right to face their accuser. But does this clause apply to the impeachment hearing against a president in Congress?

Nov 15, 2019
34- Foreign Affairs

Donald Trump says he should not be impeached as President, since there was ‘no quid pro quo’ on a phone call where he asked the Ukrainian president to investigate a political rival, former Vice President Joe Biden. But does quid pro quo need to be explicitly stated to be a legal issue? And can private citizens like Rudy Giuliani represent America on foreign policy issues?

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Oct 18, 2019
33- Obstruction

Trump lawyers assert that all of Trump’s actions during the Mueller investigation were within his rights as President and can’t be classified as obstruction of justice, especially because there is no underlying crime alleged. But as Martha Stewart will tell you, that’s not how obstruction of justice works.

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Sep 21, 2019
32- Contempt Power
May 13, 2019
31- Executive Privilege
Apr 18, 2019
30- The 25th Amendment
Dec 31, 2018
29- Birthright Citizenship and the 14th Amendment
Dec 04, 2018
28- Kavanaugh Special Episode
Oct 04, 2018
27- Treason
Sep 13, 2018
26- Roe
Aug 16, 2018
25- Justice Kennedy
Jul 06, 2018
24- Taking the Fifth
Jun 29, 2018
23- President Twitter and the First Amendment
Jun 09, 2018
22- Posse Comitatus
May 22, 2018
21- Attorney Client Privilege
Apr 27, 2018
20- Deadly Force
Mar 15, 2018
19- The Poisonous Tree
Feb 23, 2018
18- The Tenth Amendment
Feb 09, 2018
17- The 4th Amendment and the Border
Jan 25, 2018
16- Defamation
Jan 14, 2018
15- Challenge Coin
Dec 28, 2017
14- Prosecuting a President
Dec 14, 2017
13- Criminal Justice and the POTUS
Nov 18, 2017
12- Right to Dissent
Nov 02, 2017
11- War Powers
Oct 19, 2017
10- Impeachment
Oct 09, 2017
9- Commerce Clause
Aug 17, 2017
8- The Takings Clause
Aug 10, 2017
7- Recess Appointment Power
Aug 03, 2017
6- The Emoluments Clauses
Jul 20, 2017
5- Presidential Immunity
Jul 13, 2017
4- The Spending Clause
Jun 29, 2017
3- Pardon Power
Jun 22, 2017
2- The Appointments Clause and Removal Power
Jun 15, 2017
1- Judicial Legitimacy
Jun 08, 2017
0- Intro to What Trump Can Teach Us About Con Law
Jun 08, 2017