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How Our Constitution Works ... And Why It Doesn’t
by constitution
Exploring the US Constitution with a critical eye looking forward and back with author, lawyer, and syndicated columnist William Cooper and Pulitzer Prize-winning American legal historian Ed Larson. Ed: law.pepperdine.edu/faculty-research/edward-larson Will: will-cooper.com
Episodes
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Minoritarian Rules: The Senate, Malapportionment, and the Electoral College
In this episode of How Our Constitution Works ... And Why It Doesn't, hosts Edward Larson and William Cooper explore the counter-majoritarian structure of the U.S. Senate, the filibuster, and how constitutional design intersects with modern governance. Key Episode Highlights The Framers' Context...
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The 3-3-2-1 Court: Deciphering SCOTUS, Standing, and Executive Power with Zachary Shemtob
In this episode of How Our Constitution Works and Why It Doesn't, hosts William Cooper and Edward Larson sit down with Zachary Shemtob, executive editor of SCOTUSblog, for a deep dive into the historical origins, modern perceptions, and institutional limits of the Supreme Court. The discussion...
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The Major Questions Doctrine
A stimulating conversation with Yale law professor William Eskridge, one of the most-cited legal scholars of all time.
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Independent Agencies
On the latest episode of How Our Constitution Works … And Why It Doesn’t, we discuss whether, and to what extent, executive agencies can operate outside the president’s control. It’s a complicated and fascinating question, and the subject of a pending decision before the high court. The...
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The Courtroom Tapes: Inside the High Court Clash Over Executive Tariffs
Here's the argument in the case in which the high court struck down dinald trump's tariffs.No commentary, no spin—just the raw, unedited oral arguments from Learning Resources v. Trump, where the United States Supreme Court tested the outer limits of presidential power. Listen in as Solicitor...
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Why Your Right to Speak Freely Has Always Been Under Attack—And Why It Matters More Than Ever
In this compelling episode, William Cooper and Ed Larson explore the turbulent history of free speech and free press in America—from the Founding Fathers' vision of press freedom as a "bulwark of liberty" to today's battles over media access and truth. Discover how the same government that...
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Harvard Law Professor Rebecca Tushnet
We discuss her work in free speech and her contribution to Harvard Law's new book, America Unfinished. https://hls.harvard.edu/faculty/rebecca-tushnet/ https://hls.harvard.edu/america-unfinished/
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The Spending Power
We discuss how the constitution works with respect to federal spending and why, today, it's not working. Highlights include the recent opinion from the high court striking down Trump's tariffs and his efforts to impound congressionally authorized funds intended for universities.
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Justice Stephen Breyer
We discuss a new book by Harvard's faculty that he contributed to, and his thoughts on American democracy today. https://www.penguinrandomhouse.com/books/842833/america-unfinished-by-edited-by-alexandra-natapoff-and-guy-uriel-e-charles/
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Enforcing the Constitution
We discuss the pitfalls of enforcing the constitution when officials are not virtuous.
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Laurie Levenson on the Weaponization of the DOJ
Students strolling through the courtyard at Loyola Law School may occasionally be a bit baffled to hear a grown woman shouting, “Last call for a good time!” Two surprises: One, she’s talking about a law class. Second, she’s entirely not kidding. “I do want the students to love the law,” says…
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The New York Times Adam Liptak
A wide-ranging discussion with the chief legal affairs correspondent of The New York Times and the host of The Docket, a newsletter on legal developments. According to Adam: I try to make legal materials accessible to readers by translating jargon into something like accessible prose. I aim to…
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The Shadow Docket: A conversation with Professor Steve Vladeck
Georgetown Law Professor Steve Vladeck joins the show to discuss his New York Times bestselling book The Shadow Docket. Steve a leading authority on the Supreme Court and his wildly popular Substack newsletter One First is essential reading for every citizen concerned with (and by) the nation's...
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Elections During Wartime
On this episode of How Our Constitution Works ... And Why It Doesn't, we delve into a very timely and important topic: elections during wartime.
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UC Berkeley Law Dean Erwin Chemerinsky
We discuss the biggest cases of the recent term, covering voting rights, federalism, and presidential power in the Trump era.
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Partisan Primaries
In this episode we explore partisan primaries, a key factor in our highly polarized politics.
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Prolific legal scholar Eugene Volokh
We discuss free speech under the First Amendment. His biography: https://www.hoover.org/profiles/eugene-volokh His recent article: http://www.law.ucla.edu/volokh/addiction.pdf (“Addiction to Constitutionally Protected Activity: Speech, Press, Addiction to Constitutionally Protected Activity:...
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NYU Professor and NYT Bestselling Author Melissa Murray
We discuss Melissa's fantastic new bestselling book, The U.S. Constitution A Comprehensive and Annotated Guide for the Modern Reader. Melissa Murray is the Frederick I. and Grace Stokes Professor of Law at NYU. Her award-winning public law scholarship considers constitutional law, family law, and...
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The Preambles to the Constitution and the Declaration of Independence
Two of the most important passages in the history of modern political affairs.
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The War Power
We analyze how the Constitution's power to declare war works ... and why it doesn't. Donald Trump's war with Iran charts new territory in this controversial area.
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The Fourth Amendment with Professor Daniel Solove
How Our Constitution Works And Why It Doesn't: More from Professor Solove, the leading scholar in this space. Privacy in Authoritarian Times: Surveillance Capitalism and Government Surveillance 67 Boston College Law Review 51 (2026) Is the Fourth Amendment Third Party Doctrine Dead? Thoughts on...
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Congressional Oversight
How Our Constitution Works And Why It Doesn't: We discuss the essential role of congressional oversight in our constitutional constellation.
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The dynamic intersection between corporations and the law
Yet another area where the Trump administration is pushing the boundaries.
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A discussion of fascism in America
A reasoned debate on a controversial topic.
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A Review of the High Court's Big New Cases
It's been quite a week.
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Legal Scholar Sandy Levinson
We discuss an array of ways the constitution isn't working with Texas and Harvard law professor Sandy Levinson. https://law.utexas.edu/faculty/sanford-v-levinson/
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Trump's Anti-Weaponization Fund
A reasoned discussion (of all things!) about this hotbed issue.
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Trump's Ballroom
An easy question to answer: it violates the constitution. Here's why.
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Voting Rights with Ned Foley
An in-depth discussion on this essential topic with law professor Ned Foley of Ohio State, the leading scholar in this area. https://moritzlaw.osu.edu/edward-b-foley-ba-jd
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A discussion with Erwin Chemerinsky
We discuss the legendary legal scholar's new The New York Times opinion piece, By Week's End, Trump's War Will Be Plainly Illegal. We also hear about his new book, Campus Speech and Academic Freedom: A Guide for Difficult Times. A wonderful conversation with the Dean of UC Berkeley Law.
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How To Stop Partisan Gerrymandering
There is a pathway in the constitution. Allow us to explain.
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The War Powers
Law Professor Richard Epstein (one of the most-cited legal scholars of all time) joins to discuss the war powers. His new book The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says comes out May 1.
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Presidential Immunity from Criminal Prosecution
A substantive discussion about one of constitutional law's most controversial topics.
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Federalizing Elections
A deep dive into this key constitutional battleground. Trump is very focused on the 2026 midterm elections. What can he do from a constitutional perspective? A huge question for the country.
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How The Constitution Works ... And Why It Doesn't: Episode 1
The first episode of our new podcast. We delve into several ways the constitution isn’t working the way it’s supposed to, including Trump’s efforts to nationalize elections and impose tariffs without congressional support. We also preview what's to come with the new show, including discussions…
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ABOUT THIS SHOW
Exploring the US Constitution with a critical eye looking forward and back with author, lawyer, and syndicated columnist William Cooper and Pulitzer Prize-winning American legal historian Ed Larson.
Ed: law.pepperdine.edu/faculty-research/edward-larson
Will: will-cooper.com
HOSTED BY
constitution
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How many episodes does How Our Constitution Works ... And Why It Doesn’t have?
How Our Constitution Works ... And Why It Doesn’t currently has 35 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is How Our Constitution Works ... And Why It Doesn’t about?
Exploring the US Constitution with a critical eye looking forward and back with author, lawyer, and syndicated columnist William Cooper and Pulitzer Prize-winning American legal historian Ed Larson. Ed: law.pepperdine.edu/faculty-research/edward-larson Will: will-cooper.com
How often does How Our Constitution Works ... And Why It Doesn’t release new episodes?
How Our Constitution Works ... And Why It Doesn’t has 35 episodes. Check the episode list to see recent publication dates and frequency.
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How Our Constitution Works ... And Why It Doesn’t is created and hosted by constitution.
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