Amarica's Constitution

Lincoln's Promise Kept 01.07.2026 1ч 18мин

America gets a 250th birthday present from the Supreme Court as Chief Justice John Roberts authors an opinion for the ages in Trump v. Barbara. The Court went big and decided on the basis of the Constitution, not merely the Congressional statutes, that Abraham Lincoln's wish for the nation, birthright citizenship, which gives rise to the chance for birth equality and therefore the "new birth of freedom" Lincoln bequeathed us, will live on - and will have its best chance to endure. We look deeply into the opinion to find the great themes the Chief Justice, joined by four women, sounds. And what about the arguments made on this podcast in recent months? Can they be found in the opinion, and if so, do they strengthen it? Join us for a close look. Lawyers and Judges are eligible for Continuing Legal Education credit by visiting podcast.njsba.com after listening.

No Coffee for You 26.06.2026 1ч 29мин

In the wake of our recent discussion on private vs state action, a recent incident in New York regarding US Representative Dan Goldman’s banishment from a coffee shop because of his political stance brings these issues home, with additional questions related to public accommodations and more. Meanwhile, the Supreme Court faced some of these similar issues in the case of Wolford v. Lopez, decided the day we record this, as well as a host of 14th amendment questions that are at once familiar and yet fresh for listeners to this podcast. CLE is available for lawyers and judges from podcast.njsba.com.

Reverence and Radicalism: Remembering Gordon Wood 19.06.2026 1ч 22мин

The tributes to Gordon Wood have been pouring in, and as promised, we spend this episode with him and his peerless body of work. Professor Steven Calabresi, Gordon’s neighbor, friend, and colleague, joins us, and how appropriate that is, as Steve and Akhil produced a tribute weekend at Yale Law School that reviewed and celebrated his lifetime of work. Now we remember the man, the teacher, and most of all, the towering scholar, as we review some of his most important ideas, his methods, and his inspiration for so many who have read, and who will read, the greatest books ever written about the American founding period. A giant has been lost, but his memory will be a blessing for many generations to come. CLE credit is available for lawyers and judges from podcast.njsba.com.

Bigotry vs Bureaucracy: State Action and Private Freedom 10.06.2026 1ч 30мин

There’s some highly questionable behavior going on in an area of Missouri, where a fringe group seeks to establish a whites-only enclave. Objectionable? We think so. Unconstitutional? Therein lies an opening to a whole host of questions. Government action versus private action. When is private action beyond private purview? When does state action overlap into private domains, and where are the lines? Where do these rules come from? How can we think about new issues that may arise? Akhil has thought about this, and written about it, so now we offer you a framework to think about such questions as they arise, now and in the future. And, sadly, a giant was lost this week. We offer some thoughts, with more to come. CLE credit is available for lawyers and judges from podcast.njsba.com.

Rosen on Liberty; Gorsuch on Gorsuch - with Jeffrey Rosen and Justice Neil Gorsuch 02.06.2026 1ч 17мин

It is an honor to introduce the initial episode of our new sister podcast: The Blessings of Liberty, hosted by Jeffrey Rosen, president emeritus of the National Constitution Center and Professor of Law at GW. Prof. Rosen begins with a bang, as he holds a discussion with US Supreme Court Justice Neil Gorsuch, including two books newly authored or contributed to by Justice Gorsuch. We precede this with our own interview of Jeff Rosen, discussing the mission of his new podcast and his special passion for history, the Constitution, and the American idea. Meanwhile, listen, too, for a special EverScholar opportunity for our loyal podcast audience. CLE credit is available for lawyers and judges from podcast.njsba.com.

Unrehearsed Answers 26.05.2026 54мин

It’s time for listener questions, and no surprise that current events are on everyone’s mind. We range from the supposed weaponization slush fund, to pardons; illegal military orders; simultaneous office holding; and lots of converse-1983 discussion. And Professor Amar looks at a possible error in one of his books. Great questions from a great audience, and Akhil answers them without prep, on the spot. CLE credit is available for lawyers and judges from podcast.njsba.com.

Scrip for Scripture on the National Mall 19.05.2026 1ч 22мин

After weeks of tracing the background history and constitutional principles at work on religious establishment, free exercise, and equality issues, the Administration on cue sponsors, holds, staffs, and headlines a “Rededication 250: A National Jubilee Of Prayer, Praise & Thanksgiving,” complete with a virtually all-Christian (one Jew) speaker roster, a White House website, money from Congress’ apportionment of funds for the 250th anniversary of the Declaration commemorations, and a drumbeat of emphasis of supposedly American Christian traditions. We take it slowly and look at how it fits into the constitutional rubrics that we have examined. Meanwhile, it’s the Yale Commencement, and Akhil has commentary on the main speaker. And a number of news developments harken back to our podcasts past - how did we do? CLE credit is available for lawyers and judges from podcast.njsba.com.

JFK's Wall 12.05.2026 1ч 13мин

Our journey through the centuries of religious practice, attitudes, and constitutionalism has reached the 20th century, when several presidential elections set mileposts for the American religious debate. The first major party Catholic candidate, Al Smith, met the worst sort of vitriol and prejudice, and was destroyed by it. This cast a shadow over the later campaign of John F. Kennedy, and he answered it in a speech that we analyze and place in context, even as we thrill to the great man’s voice one more time. We then trace a line from that speech, through several Supreme Court memberships, to the American cultural and constitutional religious landscape as the 21st century dawns. Fittingly, perhaps, one of the jurists who has been prominent on this issue, Justice Thomas, celebrates a milestone on the Court. CLE is available for lawyers and judges from podcast.njsba.com.

Fourteen Colonies, Ten Commandments 05.05.2026 1ч 35мин

As the 10 commandments case makes its way towards the Supreme Court, we add another chapter to our study of the historical events and factors that went into the American constitutional tradition when it comes to religious freedom, religious establishment, and the relationship of government and religion as a whole. We begin this episode where The Words That Made Us began - in 1760. We take it forward through the revolutionary period, into the Articles and the Constitution and the Bill of Rights, and then wind up with the Civil War and Reconstruction, leaving us poised at last to take a serious look at what the Fifth Circuit thought it was doing, and what it actually was doing, when it allowed a law to stand that mandates posting of the Ten Commandments in every classroom. CLE credit is available for lawyers and judges from podcast.njsba.com.

Remember the Alamo Heights 28.04.2026 1ч 40мин

We continue to trace the historical origins of the constitution’s approach to religion in American government and American life. We take you on a tour around Europe at the time of the Reformation and for centuries beyond, all the way to American migration. All this is remarkably relevant to recent events, as the Alamo Heights/Ten Commandments case comes to a head. Meanwhile, Sarah Isgur returns for a third helping - or is it grilling? - as we continue to discuss her recent book and it finds its way onto the best-seller list. Individual justices are discussed along with much more. CLE credit is available for lawyers and judges from podcast.njsba.com.

Popes and Presidents 22.04.2026 1ч 35мин

The President has picked a fight with the Bishop of Rome, Pope Leo X. Putting aside some of the distasteful elements of language and hubris, we ask where this fits in with notions of church and state in a democracy. What is the constitutional doctrine - is it “separation?” Where does it come from, historically and legally? A general theory of such things can help us make sense - well, maybe not of everything that is said these days, but perhaps of the numerous cases that are percolating to and arriving at the Supreme Court. And in a special treat, we continue our conversation with Sarah Isgur on her new book, Last Branch Standing, and look more deeply at the patterns of judicial behavior that have emerged from several of the justices, among other things.

Last Branch Stands, The Barbara Court Sits - Special Guest Sarah Isgur 14.04.2026 1ч 42мин

This week it’s Attorney Cecilia Wang’s turn, as she appears before the Supreme Court to defend birthright citizenship in the Trump v. Barbara case, and we continue to analyze clips of the oral argument. Meanwhile, we are joined by the host of the popular Advisory Opinions podcast: Sarah Isgur, who has written a new book that will be published, well, today. Last Branch Standing takes us inside the Supreme Court from the life of a clerk to a tour of the Court’s history to a statistical analysis of voting patterns on the Court - which are far more complex than is commonly thought. You can’t help but know more after this episode than you did coming in! CLE credit available from podcast.njsba.com.

New World, Same Constitution 07.04.2026 2ч 6мин

Trump v. Barbara - the birthright citizenship case - reaches the Supreme Court, and we are there. Akhil and Andy are at the oral argument, and immediately afterwards we stand outside the courthouse and you hear (and see, from the linked video) the emotions that affected not only your hosts, but no doubt the justices themselves as the case unfolded. Then it’s off to the audiotape, as we play the clips of the Justices and the advocates, and Akhil does his Howard Cosell imitation, analyzing the arguments as you hear them. Given the Professor’s status as the author of an amicus brief in the case, a brief the Solicitor General chose to take on in his own reply brief, the perspective this episode offers our audience - you - is unique. So with the arguments of the advocates; the questions of the justices; and the knowledge of the amicus, you will know as much as anyone and be in the best position to assess the case as a whole - after listening to this special episode and those to follow. And as always, CLE credit is available from podcast.njsba.com.

Crib Sheets for Barbara 31.03.2026 1ч 7мин

On the eve of the oral argument in Trump v. Barbara, we offer you a listener’s guide to the spectacle. What is the essence of the argument? What are the hard questions for Solicitor General Sauer, representing Trump? What should Attorney Wang, ACLU attorney for petitioners, be prepared to answer? What should the audience be listening for - clues to how the argument is going? We provide all this and more, so you can put yourself in the seat of a Supreme Court law clerk, listening to the argument, preparing to offer your thoughts to your justice. Professor Amar, as an amicus who has submitted a brief to the Court, is your guide. CLE credit is available for lawyers and judges from podcast.njsba.com.

Created to Born to Barbara 25.03.2026 58мин

Akhil and Andy visit a high school in Garden City, NY, to speak with outstanding high school students about Born Equal. In the process, we trace one of America’s great credos - “All Men Are Created Equal” - from the Founding, all the way to Lincoln - and beyond, to the fourteenth amendment; and finally to birthright citizenship and next week’s momentous Supreme Court case, Trump v. Barbara. The students’ great questions help show the way. CLE credit is available for lawyers and judges from podcast.njsba.com.

A Brief Ecosystem 17.03.2026 1ч 15мин

We’ve been mentioning the birthright citizenship case, Trump v. Barbara, and Professor Amar’s amicus brief in the case. Now we begin to analyze it in depth. We begin with the structure of the brief; why is it so different from most such briefs? Why is it uniquely wide-ranging? How can it cover many aspects of the case with a strict word limit - what is it about the way it is done that allows this when other briefs - well-executed briefs - cannot cover as much ground? And then, what is the outline of the argument? We also show where you can go from here; where you can find expansion and discussion beyond the brief. Or you can come back here in subsequent weeks when we will expand on the outline of the argument presented here.

Substantive Expansion - with Advisory Opinions and Divided Argument 10.03.2026 1ч 20мин

Amarica’s Constitution has joined with two other great podcasts! We’re still ourselves, but today we bring all three podcasts together to look at a recent case, Mirabelli v. Bonta, which brings substantive due process back to center stage. And because we are who we are, we take a look ourselves at some more aspects of - what else? - the birthright citizenship case. Learn what the future holds for our listeners, as we bring you what we always have, and more. Attorneys and judges can gain CLE credit from podcast.njsba.com.

Attorney Amar's Opening Argument 04.03.2026 28мин

In this shorter-than-usual episode, you are now a Supreme Court clerk getting ready for the Trump v. Barbara case. What do you do? What do you read? We guide you. And as we think about what will happen when the argument begins, we give you a taste in this unusual episode.

Tariffs Are A Major Question - Special Guest Vikram Amar 27.02.2026 1ч 22мин

The Court has ruled Trump’s so-called reciprocal tariffs unconstitutional. Vik Amar, who offered important theories that appeared prominently in the opinion, joins us to explain the Major Questions Doctrine, why it applies to this case, and even more importantly, why it attempts to support significant structural features of the Constitution. We pay particular attention to the concurring opinion by Justice Gorsuch, which offers the most in-depth theoretical explanation for this Doctrine and attempts to lay a foundation for its future use. Meanwhile, the significance of the opinion as a rebuke to Trump, and as a reassertion of the Court’s credibility, is also discussed. CLE credit is available for lawyers and judges from podcast.njsba.com.

Pillorying the Post 18.02.2026 1ч 21мин

Jeff Bezos emasculated the Washington Post; now he has virtually killed it. Why? And what does this mean for the nation? What is the importance of major newspapers to the American constitutional system? We bring you the great Ruth Marcus, former deputy editorial page editor, long-time columnist, with over 40 years at the Post, to offer an in-depth, insider perspective on this shocking set of events. CLE credit is available for lawyers and judges from podcast.njsba.com.