Archives

February 1, 2021

Episode 49: 'Incitement'

[Cross-posted from What Trump Can Teach Us About Con Law]

By Elizabeth Joh

On Jan. 13, former President Donald Trump became the first person ever to be impeached twice by the House of Representatives. But with Trump out of office, it’s unclear if there will be enough votes to reach the two-thirds majority needed to convict him in the Senate. With the trial looming, we look at whether Trump has a good argument against the charge he incited a riot at the U.S. Capitol, and whether it’s constitutional to impeach a person who has left office. 

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January 4, 2021

Episode 48: 'The Final Days'

Episode 48 of “What Trump Can Teach Us Con Law,” “The Final Days,” explores President Donald Trump's failure to overturn the results of the presidential election and what the Constitution has to say about pardons. Listen to the episode

November 30, 2020

'Trump Con Law' episode 47: 'Lame Duck'

[Cross-posted from “What Trump Can Teach Us About Con Law”]

By Elizabeth Joh

As of late November, most states had 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.

Episode 47 of “What Trump Can Teach Us About Con Law,” “Lame Duck,” explores what the Constitution has 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?

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September 28, 2020

Episode 45: 'SCOTUS without RBG'

[Cross-posted from “What Trump Can Teach Us About Con Law”]

By Elizabeth Joh

On Sept. 18, Justice Ruth Bader Ginsburg died at age 87. She was a trailblazing jurist who fought for the equality of women before the law. But her legacy is in peril, as President Donald Trump and Senate Republicans prepare to push through 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?" Listen to episode 45 of "What Trump Can Teach Us About Con Law"

August 29, 2020

Episode 44: 'The Hatch Act and the Election'

Episode 44: “The Hatch Act and the Election”

[Cross-posted from Trumpconlaw.com]

By Elizabeth Joh

Episode 44 of the “What Trump Can Teach Us About Con Law” podcast explores the legality of President Trump using the White House as a backdrop for the Republican National Convention under the Hatch Act, explains the Electoral College, and tackles the president’s recent comments casting doubt on mail-in voting. Listen to the episode

August 3, 2020

Episode 43: "The Trump SCOTUS term"

 

[Cross-posted from Trumpconlaw.com]

By Elizabeth Joh

Episode 43 of the “What Trump Can Teach Us About Con Law” podcast reviews some of the big cases of the past Supreme Court term and considers the constitutionality of the federal policing of the Portland protests. Listen to the podcast

 

June 29, 2020

Episode 42: "Police, Race, and Federalism"

[Cross-posted from trumpcon.law]

By Elizabeth Joh

Episode 42 of the “What Trump Can Teach Us About Con Law” podcast: 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? Listen to the episode

June 1, 2020

Episode 41: "The Socially Distanced Supreme Court"

[Cross-posted from trumpcon.law]

By Elizabeth Joh

"What Trump Can Teach Us About Con Law" podcast, episode 41: 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? Listen here

April 27, 2020

What Trump Can Teach Us About Con Law, ep. 40: 'COVID and Jacobson'

[Cross-posted from "What Trump Can Teach Us About Con Law"]

By Elizabeth Joh

In mid-April, 2020, states began to explore ways to reopen 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, Jacobson v. Massachusetts, for answers. Listen

March 19, 2020

What Trump Can Teach Us About Con Law, ep. 39: 'Quarantine Powers'

By Elizabeth Joh

[Cross-posted from Trumpconlaw.com]

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. Listen to episode 39 of the '"What Trump Can Teach Us About Con Law" podcast