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Amarica's Constitution
by Akhil Reed Amar
Professor Akhil Reed Amar, Sterling Professor of Law and Political Science at Yale University and one of the nation’s leading authorities on the Constitution, offers weekly in-depth discussions on the most urgent and fascinating constitutional issues of our day. He is joined by host Andy Lipka and guests drawn from other top experts including Bob Woodward, Lawrence Lessig, Neal Katyal, Michael Gerhardt, and many more.
Episodes
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Friends Reunited, Citizens Divided - with Justice Stephen Breyer
At the James Otis Lecture at Faneuil Hall in Boston, Professor Amar sat on a panel with (retired) Justice Stephen Breyer, Sarah Isgur, and the moderator, Chris Duggan. Remarkably, the Justice and the Professor engaged in a debate on a case Justice Breyer sat on: the sometimes-notorious Citizens...
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Delivering Justice - with Judge Patrick Schiltz and Michael Stokes Paulsen
This episode features Judge Patrick Schiltz, a deeply respected and honored judge on the US District Court in Minneapolis, interviewed by Professor Michael Stokes Paulsen, long time friend of this podcast and distinguished scholar. Judge Schiltz has been in the belly of the beast that was the...
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Get Off My Plane - Guests Eugene Volokh and Vikram Amar
The President has been throwing news organizations out of various places: the White House in general, including the Press Room, and Air Force One. Can he do that? Does it matter why he is doing it? Has this come up before? Is it a constitutional matter? We welcome a leading First Amendment…
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Circuit Breaker
The Eighth Circuit is at it again, believe it or not. Despite what appeared to be a clear directive from the Supreme Court to use the 2022 map in the upcoming federal election in Missouri, a panel of three judges from the circuit went in the other direction. Akhil has had about enough of this…
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The Constitution Goes to Princeton
It’s Constitution Day, or rather Constitution Eve as we record. Akhil is the invited speaker at Princeton University’s gala event, and ahead of the speech, we invited Princeton undergraduates to come and talk about the Constitution with us; to voice their questions, and to help us honor the…
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More Statesmanship, and State Constitutions - Special Guests Steven B. Smith and Vikram D. Amar
The big issue in the news today is the Missouri legislature’s attempt to avoid the state constitution’s referendum provisions in order to impose a legislative map that would advantage Republicans to the tune of all but one of the state’s seats in the US House. The Supreme Court is asked to...
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The Statesman's Constitution - Special Guest Steven B. Smith
Originalists venerate the Founders, who were by most reckonings a group of remarkable statesmen. Today, many Americans look seemingly in vain for a statesman worthy of the moment and its challenges. But what is a statesman? Does the U.S. Constitution assume a statesman will be at the helm? Does…
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An Amendment Like Some Others - Special Guest Vikram D. Amar
Voting rights are in the news. The state and federal governments have sought to weigh in and intervene on election laws, as we have seen in previous cycles. This time, a number of states have passed laws that address mail-in or absentee voting, but in doing so, what seems on its surface to be...
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Preclearing the President
What happens when the president loses in court, even at the Supreme Court, but repeatedly attempts to fight the battle again? New tariffs are offered after the old ones are thrown out. Birthright citizenship, resoundingly affirmed, is challenged anew. To Americans who lived in the South after…
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There You Go Again
The President did not file for reconsideration of the Court’s decision in Trump v. Barbara, but the President nevertheless doesn’t let the Constitution rest, issuing two new executive orders that purport to extend the set of persons not receiving birthright citizenship upon their birth, among…
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Dobbs and Bruen Plus Time
As we make our way through the 20 most constitutionally significant cases of the Roberts court, this episode takes us through two cases that have continued to have resonance with the American people and with the justices. Dobbs saw an infamous leak, a momentous decision, powerful electoral…
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Faces of Intratextualism
We continue our survey of the Roberts Court’s oeuvre of constitutional cases, with particular emphasis on the series of cases that concerned making rules for voting and for voting districts. These cases make particular use of “intratextualism” - a term coined by Professor Amar that provides tools…
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The Surprising Score
The SCOTUS term is behind us, and we take a look back - not just at this term, but at the entirety of the Roberts Court. What are the most important constitutional cases of its time? Where do the justices line up on the important cases - that is, how often are they in the majority; how often is…
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Dissenting from the Dissents
How could the vote in Trump v. Barbara have been as close as it was? Many have been bewildered by the vote in this case, given the strength of the arguments in Chief Justice Roberts' majority opinion, the long history of birthright citizenship, the statutory history, and the clear text of the…
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Unitary Duality - Guests Steven Calabresi and Vikram Amar
he Supreme Court ruled in two cases framing Unitary Executive theory. So it’s entirely appropriate that we have two great experts on the topic joining us. Steve Calabresi literally wrote the book on this theory, and perhaps it’s not surprising that he is more pure than the Court itself.…
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Lincoln's Promise Kept
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,...
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No Coffee for You
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....
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Reverence and Radicalism: Remembering Gordon Wood
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...
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Bigotry vs Bureaucracy: State Action and Private Freedom
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...
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Rosen on Liberty; Gorsuch on Gorsuch - with Jeffrey Rosen and Justice Neil Gorsuch
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...
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Unrehearsed Answers
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…
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Scrip for Scripture on the National Mall
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...
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JFK's Wall
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...
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Fourteen Colonies, Ten Commandments
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...
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Remember the Alamo Heights
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…
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Popes and Presidents
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…
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Last Branch Stands, The Barbara Court Sits - Special Guest Sarah Isgur
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…
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New World, Same Constitution
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…
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Crib Sheets for Barbara
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?...
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Created to Born to Barbara
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...
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A Brief Ecosystem
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…
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Substantive Expansion - with Advisory Opinions and Divided Argument
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…
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Attorney Amar's Opening Argument
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.
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Tariffs Are A Major Question - Special Guest Vikram Amar
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...
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Pillorying the Post
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,...
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Converse-1983 Is A Thing
It’s becoming apparent that the theory that Professor Amar put forth 40 years ago in a now-famous law review article, Of Sovereignty And Federalism, is being taken seriously by more and more legislatures, newspapers, and the general public. Therefore, we bring the two leading experts on this –...
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A Virtuous Republic, If You Can Keep It
In a wide-ranging episode, we finish looking back - and in doing so, we look into the near future as well. The birthright citizenship case will be heard in oral argument on April 1, and we go back to our reaction to the executive order. Unitary executive matters are awaiting court rulings; we…
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Five-Oh and Four Questions
The look back over our five years of drama, humor, reason, and illogic continues, as perhaps the most notorious opinion of the five year period - the Trump immunity case - reappears in a clip, along with a revisit with Justice Breyer. Meanwhile, the oral argument in Wolford v. Lopez did, in fact,...
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High Fives
It’s five years of Akhil and Andy on Amarica’s Constitution, and our friends are lining up to talk about it. In typical fashion, it’s not just testimonials but reflections. And we do a clip episode, but this time it’s not the justices, or the oral advocates, or the pundits, on the hot seat: it’s...
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The Minnesota Massacre
A powerful and aggressive central government sends unwanted forces in huge numbers to a city where the residents oppose and resent this policy. The undertrained forces unleash violence against the population in the form of an obviously wrongful death. Minneapolis, yes - but also a seeming repeat…
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Venezuelan Frisbie
The military capture of the Venezuelan leader, Maduro, is an event with giant international strategic, moral, economic, political, and other considerations. It also raises fascinating constitutional questions, and Professor Amar is ready to discuss some matters that probably did not come to your...
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Your Questions, Easy and Hard
Our listeners have a talent for inquiry; they follow Professor Amar’s arguments every week, and come up with their own. This week, we end the year by fielding a wide range of questions, including some related to presidential oath-taking; juries, asked by a Judge; pardons and their abuse; and many...
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No Army At All
Presidential power is abridged, for a change, by the Supreme Court in its shadow docket ruling in Trump v. Illinois. Rather than ruling in silence, however, this time the Court gives us 25 pages and 4 opinions to chew on. We examine the history behind issues of deployment of the Army as well as…
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Courage is Contagious - Special Guest Congresswoman Maggie Goodlander
One of the most promising new faces in the US Congress, Representative Maggie Goodlander, joins us for a wide-ranging discussion, including the recent video assuring our troops that they may not obey illegal orders, and the aftermath of that simple offer of support. You may not know that this...
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Humphrey's Execution
Oral arguments took place in the highly-anticipated unitary executive case, Trump v. Slaughter. The overruling of the case that seems to govern, Humphrey’s Executor, has been long expected, and indeed, the Chief Justice referred to the “dry husk” that was all that remained of that case after…
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Balance and Check-Mate - Special Guest John Fabian Witt
Secretary of Defense Hegseth is making use of his sights. He is focusing at times on Senator Mark Kelly, seeking to wreak havoc upon him for his utterances which have angered Hegseth’s master. Meanwhile, purported drug smugglers have found Davy Jones’ locker at the order of Hegseth, it has been...
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The Only Only
Events in the news once again intersect with Professor Amar’s past work, as a little-known aspect of a clause in the Constitution has surprising relevance to the President’s fire-breathing response to a video from Senators and Representatives reminding our military and other officers of their...
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The Undigested Matzo Ball
We return to the tariff case and continue to hear from the justices and the advocates in their own voices from the oral argument. This time, a 20 year old argument from Vik Amar takes center stage with apparent approval from several key justices, and several of the Court’s female justices join...
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Incidental Trillions
The economy, trillions of dollars, and consequences unknown are on the line in the tarrifs case, Learning Resources v. Trump. We present the justices and the advocates in their own voices from the oral argument, and Akhil reacts in real time as he hears the clips for the first time. It’s a three...
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Election Correction - Special Guest Vikram D. Amar
California. Meanwhile, the tariff case is about to come before the Supreme Court for oral argument. So it’s timely indeed that Vik Amar joins us with expertise on both topics. In fact, Vik has submitted an amicus brief in the tariff case. The “brothers in law” take us deep into the gerrymandering...
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ABOUT THIS SHOW
Professor Akhil Reed Amar, Sterling Professor of Law and Political Science at Yale University and one of the nation’s leading authorities on the Constitution, offers weekly in-depth discussions on the most urgent and fascinating constitutional issues of our day. He is joined by host Andy Lipka and guests drawn from other top experts including Bob Woodward, Lawrence Lessig, Neal Katyal, Michael Gerhardt, and many more.
HOSTED BY
Akhil Reed Amar
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Amarica's Constitution currently has 299 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
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Professor Akhil Reed Amar, Sterling Professor of Law and Political Science at Yale University and one of the nation’s leading authorities on the Constitution, offers weekly in-depth discussions on the most urgent and fascinating constitutional issues of our day. He is joined by host Andy Lipka and...
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Amarica's Constitution publishes regularly with 299 episodes available. Check the episode list for the typical release schedule.
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Amarica's Constitution is created and hosted by Akhil Reed Amar.
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