Bra podcast

Sveriges 100 mest populära podcasts

What Trump Can Teach Us About Con Law

What Trump Can Teach Us About Con Law

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.

Prenumerera

iTunes / Overcast / RSS

Webbplats

trumpconlaw.com

Avsnitt

47- Lame Duck

In late November, most states have certified the Presidential election for Joe Biden and his running mate, Kamala Harris. But Donald Trump continues to deny the results of the election and insist (without a shred evidence) that he lost because of voter fraud. What does the constitution have to say about the transfer of power? What if Donald Trump fails to concede? What does the constitution say about the period of time after an incumbent loses but remains in power?

2020-11-26
Länk till avsnitt

46- Counting Votes

During the 2000 Presidential Election, it wasn?t immediately certain who had won the electoral college votes in Florida, throwing the entire process into chaos. Eventually, the SCOTUS had to step in to rule on the outcome. With the 2020 election only a few days out, we take a look back at how the Supreme Court played a role in adjudicating the election in Bush v. Gore, and then we look forward to what might happen this time around.

2020-10-31
Länk till avsnitt

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??

2020-09-26
Länk till avsnitt

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.

2020-08-29
Länk till avsnitt

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

2020-08-01
Länk till avsnitt

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?

2020-06-27
Länk till avsnitt

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?

2020-05-30
Länk till avsnitt

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.

2020-04-25
Länk till avsnitt

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.

2020-03-17
Länk till avsnitt

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?

2020-02-22
Länk till avsnitt

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.

Make your mark. Donate at http://radiotopia.fm

2020-01-25
Länk till avsnitt

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?

Make your mark. Go to radiotopia.fm to donate today.

2019-12-23
Länk till avsnitt

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?

2019-11-15
Länk till avsnitt

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?

Get the new Shredders album from Doomtree!

2019-10-18
Länk till avsnitt

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.

Get the new Shredders album from Doomtree!

2019-09-21
Länk till avsnitt

32- Contempt Power

What is Congress? contempt power and how can they use it to force people to cooperate with their investigations?

2019-05-14
Länk till avsnitt

31- Executive Privilege

It's likely that Trump will invoke executive privilege during the numerous investigations and inquiries into his actions. Presidents have insisted they need to keep secrets to do their job effectively since Washington, but the term "executive privilege" is relatively recent and it has rarely been tested in court.

2019-04-18
Länk till avsnitt

30- The 25th Amendment

What does the 25th Amendment say about presidential fitness, disability, and Trump?

2018-12-31
Länk till avsnitt

29- Birthright Citizenship and the 14th Amendment

Trump has threatened to revoke Birthright Citizenship with an executive order. This proposed order contradicts the Fourteenth Amendment, but Trump?s tweets contend otherwise.

2018-12-04
Länk till avsnitt

28- Kavanaugh Special Episode

Some of the Constitutional considerations of the Kavanaugh confirmation process. Recorded October 2, 2018.

2018-10-04
Länk till avsnitt

27- Treason

When Trump tweets just the single word ?Treason??, probably in reference to the anonymous New York Times Op-Ed, is he using that word correctly? What does our federal Constitution say about treason? And when exactly does someone commit a treasonous act?

2018-09-13
Länk till avsnitt

26- Roe

Trump has a second Supreme Court pick and that has a lot of people wondering about the future of Roe v. Wade. Here we look at the constitutional basis of the decision and the strange personal history of Roe.

2018-08-16
Länk till avsnitt

25- Justice Kennedy

Justice Kennedy decided to retire at the end of this Supreme Court term. Kennedy has been the swing vote on a lot of important cases. He?s mostly considered a conservative, but he has voted with the more progressive judges on cases having to do with gay rights and abortion. His successor will be appointed by Trump and that has many progressives concerned that the replacement will be even more conservative.

2018-07-06
Länk till avsnitt

24- Taking the Fifth

Trump has said the taking the fifth makes "you look guilty as hell" but lot of Trump's associates are now taking the fifth in the Russia investigation. How should we interpret people taking the fifth?

2018-06-29
Länk till avsnitt

23- President Twitter and the First Amendment

Can Trump block people on Twitter? It turns out, the First Amendment has something to say about that.

2018-06-09
Länk till avsnitt

22- Posse Comitatus

The Posse Comitatus Act limits the federal government?s ability to use the military to enforce domestic policy within the United States. However, this act has so many allowable exceptions, it has rarely been officially violated. When Trump suggests ?The Feds? should police Chicago to get the murder rate down, he might have found the perfect example of a Posse Comitatus Act violation.

2018-05-22
Länk till avsnitt

21- Attorney Client Privilege

When the office of Trump?s personal lawyer, Michael Cohen, was raided by the FBI, Trump took twitter to express his concern. He wrote ?Attorney-client privilege is dead!? Let?s see if it is.

2018-04-27
Länk till avsnitt

20- Deadly Force

The Fourth Amendment includes the right to be secure from ?unreasonable searches and seizure.? We have some idea of how this applies to cops, but if teachers are allowed to carry guns in school, are they also subject to the Fourth Amendment?

2018-03-16
Länk till avsnitt

19- The Poisonous Tree

The Russia investigation has been called a "witch hunt" by Trump and his supporters on Twitter. And they've invoked the legal concept "the fruit of the poisonous tree" to invalidate the investigation. What does the Fourth Amendment say about tainted investigations and does it apply to Trump?

2018-02-23
Länk till avsnitt

18- The Tenth Amendment

The Tenth Amendment limits the federal government?s control over the states, but the interpretation of that limit is always shifting.

2018-02-09
Länk till avsnitt

17- The 4th Amendment and the Border

The Fourth Amendment says that ?The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.? But at the border, warrantless searches are OK, even when it comes to our digital devices. With Trump's focus on the border, this is becoming a bigger deal.

2018-01-25
Länk till avsnitt

16- Defamation

Trump likes to threaten the press with libel lawsuits. What does the Constitution have to say about defamation and the press?

2018-01-14
Länk till avsnitt

15- Challenge Coin

You might not remember December 22, 2017 as a particularly notable day, but I will always remember it as the day the world first saw Donald Trump?s redesigned Presidential Challenge Coin. Because 99% Invisible did an episode about challenge coins and we actually offered our own coin to donors, my association with challenge coins is strong. Because of that, I was forwarded the December 22 Washington Post article about Trump?s garishly over the top challenge coin by about...9000 people. Here?s a story about challenge coins and my reaction to the Trump coin.

2017-12-28
Länk till avsnitt

14- Prosecuting a President

Two Vice Presidents have been indicted with criminal charges while serving in office, but does the Constitution allow the prosecution of a President? Elizabeth Joh and Roman Mars explore this question.

2017-12-14
Länk till avsnitt

13- Criminal Justice and the POTUS

Presidents don't usually weigh in on criminal cases. In fact, it?s critical to the integrity of the criminal justice system that the executive not try to influence the outcome of cases. But Trump can't help himself. President Trump has called the US criminal justice system ?a joke.?

2017-11-18
Länk till avsnitt

12- Right to Dissent

From "taking a knee" to refusing to salute the flag, the US has a rich history of public dissent, a right guaranteed by the Constitution. But you?d be surprised to learn that the Supreme Court has taken drastically different stands on this right, and now that Trump has tweeted his opposition to certain public displays of dissent, it?s a good time to explore the history of this principle of the First Amendment.

2017-11-02
Länk till avsnitt

11- War Powers

What does the Constitution say about the president?s ability to wage war and what is the role of Congress?

2017-10-20
Länk till avsnitt

10- Impeachment

Impeachment is talked about a lot, but it is extremely rare. Impeachment is the constitutional emergency measure written into the constitution itself. We talk about the procedure impeachment and why it's so hard.

2017-10-09
Länk till avsnitt

9- Commerce Clause

The federal government can't pass any law it wants to. It's limited by Article 1 Section 8 of the Constitution, but the executive branch can choose how to enforce those laws. Under Trump, there are indications that drug laws, which are based on the Commerce Clause, are about to be enforced very differently.

2017-08-18
Länk till avsnitt

8- The Takings Clause

To build a wall, Trump is going to need to seize private land. The Constitution has something to say about that and it?s known as the Takings Clause.

2017-08-10
Länk till avsnitt

7- Recess Appointment Power

The Constitution says that the president can appoint important executive positions with the advice and consent of the Senate. But what if the Senate is out on recess? Does the president have to wait until the Senate comes back? Today we?ll explore the recess appointment power.

2017-08-03
Länk till avsnitt

6- The Emoluments Clauses

The Constitution says that a ?person holding any office of profit or trust? cannot accept gifts from any foreign state. In Article II, it also says the president specifically cannot accept gifts from ?United States, or any of them.? If Trump businesses profit from a foreign or domestic state, is that a violation of either one of the emolument clauses? It?s hard to say, because there is literally no case law when it comes the emoluments clause. None!

2017-07-20
Länk till avsnitt

5- Presidential Immunity

There have already been a few high profile lawsuits against President Trump and the first defense against such a lawsuit is to claim that the president cannot be sued in civil court. But it turns out, the Supreme Court has ruled different ways on whether or not the president is immune from lawsuits. We look a three cases from history and hear how they?re being used to argue for and against the current cases filed against Trump.

2017-07-13
Länk till avsnitt

4- The Spending Clause

In an executive order, Trump threatened to withhold federal money from any place acting as a ?sanctuary city.? Supreme Court rulings over the 20th century have ruled in different ways on how federal money can be used to influence the behavior of local governments. When it comes to the Spending Clause, how coercive is too coercive?

2017-06-29
Länk till avsnitt

3- Pardon Power

There are reports that the Trump administration is being investigated for obstruction of justice. This has led a lot of people to wonder if the Constitution?s presidential pardon power could be used to absolve members of his administration, or even himself, from criminal charges. And what does the Constitution say about how a pardon has to be presented? Can Trump pardon someone with a tweet?

2017-06-22
Länk till avsnitt

2- The Appointments Clause and Removal Power

The US Constitution has a clause that describes how the president can hire certain political appointees with the advice and consent of the Senate. It doesn?t say when the president can fire someone. We take a look at recent Trump firings and put them in context of Supreme Court cases where the court both upheld and denied the president?s right to fire an executive branch employee. Even if a president has the constitutional power to fire someone, it doesn?t mean there aren?t political and legal consequences of the action.

2017-06-15
Länk till avsnitt

1- Judicial Legitimacy

Back in February 2017, Trump tweeted a criticism of the ?so-called judge? who blocked the enforcement of his travel ban. Why does the president have to listen to what the courts say? We?re going to tell the story of a key moment in history when the president (Truman, in this case) and the court strongly disagreed.

2017-06-08
Länk till avsnitt

0- Intro to What Trump Can Teach Us About Con Law

Welcome to ?What Trump Can Teach Us About Con Law"! Every week Roman Mars (99% Invisible) will host a 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.

2017-06-08
Länk till avsnitt
En liten tjänst av I'm With Friends. Finns även på engelska.
Uppdateras med hjälp från iTunes.