Constitutional Law

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?

"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

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

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 

Can the state tell your favorite local restaurant to close, or tell you that you must stay at home unless it’s absolutely necessary to leave, because of an emergency? The governors of New York, New Jersey and Connecticut have closed down bars, movie theaters and dine-in restaurants. Six counties in the San Francisco Bay Area have imposed a shelter-in-place order that allows people to leave their homes only for essential activities.

This is an essay about two words no one wants to see in the same story: guns and schools. But this isn’t about school shootings. This is instead about two starkly different social-activist groups: gun-rights proponents and educational-equity advocates. It’s about their steadfast pursuit of wildly divergent civil rights. It’s about a surprising similarity in their legal strategies. And more than anything, it’s a story about law and ideology, and the difficulty of deciding the former without the influence of the latter.  

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 the Justice Department, and tweets from the president, he’s getting three years and four months in jail, much less than what the prosecutors asked for. What can his case tell us about presidential interference and prosecutorial discretion?

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 longstanding 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.

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

[Cross-posted from Apple Podcasts]

Episode 35 of "What Trump Can Teach Us About Con Law" explores the Confrontation Clause of the Sixth Amendment, and whether it gives President Trump the right to meet the Ukraine whistle blower face to face.

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