Best Andrew Lipka Podcasts (2024)

1
The Gaetz of Hell 1:06:45

2h ago1:06:45

1:06:45

President-elect Trump has begun to announce his plans for his cabinet and other top appointments for January. Unconventional is a kind word for some of them. And suddenly, in a House where Republicans have a razor-thin majority, there is a resignation - months before it would be required. Why? There are conspiracy theorists for health care position…

1
Preview of Peril - Special Live Podcast 1:30:41

12h ago1:30:41

1:30:41

The election is behind us, and foreboding fills the air. We are live at the Yale Club of New York City for a live recording, addressing some of the many constitutional matters that are or soon may be front of mind as the seemingly inevitable challenges to norms, rules, and laws await. Matters as wide-ranging as the implications of undivided governm…

1
All This Fuss About the Presidential Election - Special Guests Gordon Wood, Steven Smith, Paul Grimstad 1:33:11

17d ago1:33:11

1:33:11

We are here early this week - for Election Day! And we bring you a panel that looks at elections, and Presidents, from American history, putting this year’s choice in perspective. Gordon Wood, the greatest historian of the early Republic; Steven Smith, an expert on political institutions, on The Federalist, on Lincoln; Paul Grimstad, authority on g…

1
The Sound of Silence - Special Guest Ruth Marcus 1:21:23

23d ago1:21:23

1:21:23

It's 200 episodes for Amarica's Constitution, and we mark the occasion by bringing you a key expert for an in-depth exploration of a breaking development. Ruth Marcus, long-time Washington Post columnist, editor, Pulitzer Prize nominee, and insider, joins us to explore the inexplicable: the last-minute decision by the Post and its owner, billionair…

1
Constitution Things 1:07:24

1M ago1:07:24

1:07:24

We are approaching our 200th episode and completing our 4th year of “Amarica’s Constitution,” and it seems appropriate to take stock. By coincidence, the Yale Law School is celebrating its own anniversary, and these things come together as Akhil is part of a big event and presents a “big idea” that sounds like a strange saying: “the Constitution is…

1
How to Fix - and How Not to Fix - the Immunity Opinion 1:49:46

29d ago1:49:46

1:49:46

In Trump v. United States, we have said that the Court went far astray from the Constitution and from its duty, endangering the nation in the short and long terms. Many have shared this opinion and these fears, and reaction has been profound. In the New York Times, two law professors take up the pen and offer a number of suggestions that purport to…

1
Ex-Presidents: The Ex-cellent and the Ex-ecrable 1:28:28

1M ago1:28:28

1:28:28

The Supreme Court has, through its recent follies, managed to bring the status of ex-presidents into the spotlight. How appropriate, then, that perhaps America’s greatest ex-president reaches a milestone this past week: Happy Birthday, President Carter. The ex-presidents, it turns out, have told a myriad of stories through the centuries. America la…

1
The Return of the Enemies List 1:20:51

1M ago1:20:51

1:20:51

Donald Trump continues to spout inflammatory rhetoric; he has compounded his talk of being “a dictator on day one” with an intention to conduct a “purge” with extreme violence allowed, again allegedly for one day. All this makes one expect that he will not back off his first-term tendency to take an authoritarian posture regarding the Justice Depar…

1
The Blue Dot 1:25:54

2M ago1:25:54

1:25:54

Nebraska is no flyover state; its unusual electoral vote structure puts Omaha’s one electoral vote up for grabs - both as a contest for votes, and a legislative battle to possibly restructure Nebraska’s election law. We tell an originalist story form the early Republic that surprisingly echoes some of the issues in today’s situation. Meanwhile, oth…

1
The Devil You Know 1:38:57

2M ago1:38:57

1:38:57

The New York Times looks at the Constitution as an allegedly anti-democratic, divisive, secession-promoting document. They bring authority to bolster their case in the person of the Dean of the UC Berkeley School of Law, Erwin Chemerinsky. We take a close look at this article and the arguments it employs. This takes us to the center of the Constitu…

1
Your Turn 59:24

2M ago59:24

59:24

It’s time for your questions, and having a great audience means there are so many fascinating directions to go. A Canadian listener tells of how a non-originalist purpose-oriented approach to constitutional law works for them - why not in the US? We go in a different direction when we consider the wisdom of increasing the size of the House of Repre…

1
The Kennedy Shame and Schumer's Folly - Special Guest Ruth Marcus 1:28:04

3M ago1:28:04

1:28:04

RFK Jr. has withdrawn from the race and endorsed Trump. This meeting of an estranged Kennedy and an indicted Trump, is laced not only with strangeness but also constitutional themes, as we explore. Meanwhile, backlash after the Trump immunity opinion continues, and Senate Majority Leader Schumer has introduced legislation in response. The great Was…

1
Circuit of Shame 1:14:14

3M ago1:14:14

1:14:14

The United States Court of Appeals for the Fifth Circuit has been overruled by the Supreme Court more often, and more forcefully, than any other circuit during the past term. Why? What are the consequences for the judges of the Fifth Circuit, if any? Is this a problem for our judicial system, and if so, are there any remedies available? Listeners t…

1
Term Limits Made Workable 1:16:46

3M ago1:16:46

1:16:46

Court reform is in the air. Having presented the problems with the 18 year term proposals before the House and Senate, Professor Amar’s plan deserves its own scrutiny. We therefore present the plan in detail, explaining the problems that it attempts to solve, the principles it attempts to uphold, and the criticisms it might attract. Since it is a p…

1
How To Get To 18 Years 1:26:05

3M ago1:26:05

1:26:05

The 2021 Biden Commission on the Court has now led - with a big “assistance” from the Court itself - to President Biden’s own plan for Court reform. It is sketchy in many ways, but is entirely consistent with Professor Amar’s long-held views on 18 year active terms for Supreme Court justices, though the President’s proposal lacks the detail of that…

1
Stepping Aside and Its Implications 1:20:27

4M ago1:20:27

1:20:27

President Biden has stepped aside as a candidate, and as promised, we look at what’s next from a variety of points of view. Some Republicans, notably the Speaker, are claiming that the President should actually resign or step back under the 25th amendment. What would this mean? Meanwhile, we have a lot more in this early episode, including a reader…

1
Virtuous Presidents and A Loose Cannon - guest Vikram Amar 1:48:58

4M ago1:48:58

1:48:58

Resignations are in the air, and our discussion - recorded before President Biden’s actions - offers surprising resonances in its wake. Meanwhile, our guest, Professor Vik Amar, provides not just a condemnation of Judge Cannon’s recent dismissal of the Trump documents case, but a refutation of the arguments she made, and a recitation of those cruci…

1
Resignation Realities and Bullets Dodged (Part 4) 1:34:23

4M ago1:34:23

1:34:23

President Biden is hearing calls from many quarters to step down as a candidate. Donald Trump is shot. Questions of presidential succession and/or resignation abound. While it may seem these are unique and strange situations which the American republic has never faced, in fact, resignation has been a key American issue for centuries. Episodes well-…

1
Disgrace 1:38:48

4M ago1:38:48

1:38:48

The Court’s opinion in the presidential immunity case Trump v. US, has sunk in. On reflection it is even worse that on first impression, and that is saying something. But just to condemn the opinion is not enough. Professor Amar distills the Court’s argument to its essence and explains why it completely collapses under any kind of rigorous scrutiny…

1
Debate Debacle, and Agency Atrophy 1:54:16

5M ago1:54:16

1:54:16

In an exhausting week, the Court released a number of long-awaited cases, and we had a consequential presidential debate. We look at several cases that many believe have profound implications for the administrative state; the opinions in SEC v. Jarkesy, and Loper Bright v. Raimondo clearly have the effect of increasing the role of courts and juries…

1
The Court's Originalism About Face 1:30:42

5M ago1:30:42

1:30:42

As the end of the term approaches the deluge of major cases has begun. Two big cases - the eagerly awaited sequel to the Bruen case - Rahimi - features an orgy of originalist theorizing and opining. Meanwhile, in Moore v. US - a case where Professor Amar and his team had an amicus brief - the tax power was upheld, but reading the opinion one might …

1
Protests, Mifepristone, and Bump Stocks 1:39:28

5M ago1:39:28

1:39:28

Akhil is in Boston this week and reminds us that the history of the American Revolution, where Boston is so pivotal, contains myriad lessons that provide insight into the student protests of today - so we look at this subject in some detail. Meanwhile, the Court issued opinions in two prominent cases, and Akhil seems to be reluctant to take “yes” f…

1
Lear Jets, Books, and Virtue 1:22:52

5M ago1:22:52

1:22:52

The Court is taking its time on major opinion, which gives us a moment to turn to other matters. Ethics remain in the news; the Court’s annual financial disclosures contain a number of surprises - maybe not so surprising. There’s a lot to say there, and we have some proposals to improve the situation. President Biden takes a position on a pardon, a…

1
The Jury Speaks 1:12:28

6M ago1:12:28

1:12:28

The verdict is in: guilty x 34. A jury of Trump’s peers had its say, but the ex-president couldn’t leave it at that, of course. On the legitimate side, the appeals are expected to begin soon. On the Trump bombastic side, he blasted every institution in the legal system for having the audacity to do their duty. Particularly in the case of the ordina…

1
Big Mouth on Campus 1:32:20

6M ago1:32:20

1:32:20

The nation has been riled by campus unrest surrounding events in the Middle East. Terms like “freedom of speech,” “academic freedom,” “right to protest,” “conduct vs. speech,” and issues of hate speech, offensive speech, safety, and more have arisen. We start our look at this situation where we always begin: with the Constitution. This episode aims…

1
Flags of Our Spouses 1:18:24

6M ago1:18:24

1:18:24

More than three years after the January 6, 2021 disastrous events, we remarkably are just now first learning of a complex series of events with profound ethical implications for Justice Alito. Like his fellow justice, Clarence Thomas, Justice Alito’s wife’s actions, possibly political in nature, have placed the Justice in a position where his own a…

1
Trials, Pardons, and Elephants 1:51:52

6M ago1:51:52

1:51:52

Donald Trump’s New York trial - where a conviction would be federal pardon-proof - has proceeded apace. we are pleased to bring a report to you from the trial itself, introducing you to one of Professor Amar’s star students in the process. Are there constitutional issues stemming from the trial? You bet, and we address some of them. Meanwhile, a nu…

1
Immunity versus The Rule of Law 1:11:30

7M ago1:11:30

1:11:30

This week we continue with clips from the oral argument in the immunity case (Trump v. United States). Most of this week’s clips come from attorney Dreeben (representing the Special Counsel, and therefore the people of the United States), and some of the Justices have at him, sometimes in way Professor Amar finds wrong-headed or worse. Our own argu…

1
Sense and Nonsense on Immunity 1:20:37

7M ago1:20:37

1:20:37

The nine Justices heard arguments on ex-president Trump’s attempt to claim a sweeping immunity from criminal liability and prosecution. We present clips from the argument and our commentary, including some historical analysis of claims that Benjamin Franklin spoke in favor of such a thing (spoiler: NO), and many other claims which we had predicted …

1
Don't Touch but Do Convict 1:21:51

7M ago1:21:51

1:21:51

As we close in on oral argument in the Trump v. United States case wherein Trump asserts some sort of permanent presidential immunity, we close out our preparatory analysis. Impeachment’s relationship to criminal prosecution is explored. Some founding-era conversations involving, for example, John Adams, inform our discussion. Does the concept of d…

1
Crime Means Punishment 1:25:18

7M ago1:25:18

1:25:18

As oral argument in the Trump immunity case draws closer, we continue our discussion of presidential immunity from criminal prosecution. Do so-called “official acts” during a president’s tenure in office raise special considerations? Constitutional text seems to offer an easy way out of the case - but does it, really - and historical precedents ent…

1
Immunity Therapy 1:26:38

8M ago1:26:38

1:26:38

Former President Trump is making an extraordinary claim to the Supreme Court: that he is immune from criminal prosecution for crimes he may have committed while president. The Court has agreed to hear arguments on this proposition on April 25. We begin the preparation by posing the questions and taking them on. Professor Amar is an expert on Presid…

1
No Standing Any Time 1:52:10

8M ago1:52:10

1:52:10

The Supreme Court heard the case on the legality of FDA regulation of Mifepristone. Issues of standing seemed to dominate, so Professor Amar treats us to a master class on standing - in this case, and its recent evolution. He also suggests that at least one Justice might benefit by attending. In a wide-ranging episode, we also share excitement and …

1
History Will Judge 1:31:11

8M ago1:31:11

1:31:11

We round up our analysis of the opinion in Trump v. Anderson with Justice Barrett’s concurrence. All of this has raised many questions, particularly in light of the Court’s errant reasoning and other shenanigans. And it turns out that many of the best questions come from you, our audience! So we turn to those as well, both about Section 3, and othe…

1
Dissenting in Concurrence 1:37:57

8M ago1:37:57

1:37:57

The Trump v. Anderson lead balloon continues to smolder. This episode looks at the areas wherein the concurring Justices took issue with the per curiam, and they are many. Indeed, the three Justices who concurred only in the judgment disagree with the scope of the per curiam as well as its particulars, and their concurrence reads more like a dissen…

1
What the Concurrences Should Have Said 1:16:55

9M ago1:16:55

1:16:55

The concurrence by three Justices (as opposed to that of Justice Barrett) in Trump v. Anderson concurs only in the judgment. We look at different types of concurrences and why a Justice might choose one type or the other; and as for this one, we find much to dissent with. We dissect the arguments and now with the benefit of a week since the opinion…

1
Happy Anniversary Mr. Lincoln from the Court 1:33:09

9M ago1:33:09

1:33:09

The Court has ruled in Trump v. Anderson, and a strange day it was. An announcement on a Sunday of opinion on Monday; no justices present; metadata weirdness, and worst of all, a unanimous opinion that is unanimously wrong. Concurrences that are dissents. A nearly 250 year old electoral college system that somehow escaped the Justices. Notorious ca…

1
Staking our Claim 1:04:17

9M ago1:04:17

1:04:17

We’re back, and still waiting for the opinion in Trump v. Anderson, which gives us a chance to highlight important new evidence that has come to light - thanks in large part to Professor Amar’s great law student team. It fatally undermines what seemed likely to be the reasoning the opinion was going to take. Will it matter? This is related to the r…

1
What the Oral Argument Should Have Said - Part 2 1:48:32

9M ago1:48:32

1:48:32

As promised, we return in very short order with the completion of our analysis and response to the oral argument in Trump v. Anderson - before the Court has ruled. Again, key clips from the argument are played and dissected. The previous Part I episode concentrated on arguments concerning self-execution of Section Three; this episode reviews many o…

1
What the Oral Argument Should Have Said 1:31:45

10M ago1:31:45

1:31:45

EARLY UPLOAD - The Supreme Court heard oral arguments in Trump v. Anderson on Thursday, and we were so alarmed by the errant direction they took that we decided to take to the air early. Here are key clips from the argument dissected - exposed, really - to reveal the mistaken representations of the meaning of certain cases; the ignoring of key fact…

1
20 Questions on Section 3 and Insurrection #1 - Special Guest Ted Widmer 1:47:05

10M ago1:47:05

1:47:05

Oral arguments are scheduled for this Thursday in the Trump v. Anderson case, concerning the possible disqualification of former President Trump from the ballot in Colorado, and with a myriad of questions surrounding Section Three of the Fourteenth Amendment at stake. We have something new to offer, as the distinguished historian, Professor Ted Wid…

1
A Self-Educating Gaffe 1:36:49

10M ago1:36:49

1:36:49

Oral arguments are approaching in the Trump v. Anderson case, and the nation is talking about little else. At the Harvard Law School, Professor Amar is invited to debate a former US Attorney General and Federal Judge, Michael Mukasey, who also submitted an amicus brief in the case together with Bill Barr and Ed Meese, among others. We analyze the d…

1
The Amicus Brief - Part Two 1:17:35

10M ago1:17:35

1:17:35

The legal world is abuzz with the impending oral arguments in Trump v. Anderson in a couple of weeks. In the forefront are the powerful arguments and compelling history that are introduced in the amicus brief from the Professors Amar. We continue to delve into the principal lines of reasoning in the brief, and how they take the starch out for some …

1
Friends of the Court - The Brief 1:25:16

10M ago1:25:16

1:25:16

The “brothers-in-law” Vik and Akhil Amar have filed an amicus brief in Trump v. Anderson et al. The brief contains a dramatic historic episode that you almost certainly knew nothing about, and which is highly relevant - perhaps decisive - to the case. Prepare to be amazed by this story of the “First Insurrection,” which preceded and was distinguish…

1
Section Three Goes to Washington 1:15:48

11M ago1:15:48

1:15:48

The months of discussion of Section Three on Amarica's Constitution now make their way to Washington, as cert has been granted in Trump v. Anderson. Amicus briefs will pour in - including the brothers Amar's brief. We present some of the approach the brief will take, and we look at the nine Justices, taking account of their jurisprudential history …

1
Section Three Punditry: The Good, The Bad, and The Silly 1:49:03

11M ago1:49:03

1:49:03

The nation awaits the Supreme Court’s seemingly inevitable review of the Section Three case from Colorado, and perhaps Maine as well. Media around the world is weighing in with editorials and op-Ed’s; a smorgasbord of legal, political, and predictive arguments from professors, editors, elected officials, and others with their own range of expertise…

1
The World Turns to Section Three 1:55:37

11M ago1:55:37

1:55:37

The Colorado Supreme Court opinion on disqualifying Donald Trump, though long anticipated, landed like a tornado. Op-eds, pundits, academics, officials - all are weighing in. It’s a victory for democracy - no, it’s antidemocratic. Section Three is a dead letter - no, it’s self-executing. Trump is out - no, this helps him. America is reaffirmed - no…

1
Juries, Jarkesy, and a Joke 1:51:24

11M ago1:51:24

1:51:24

The administrative state is up for grabs, some say, in the case of SEC v. Jarkesy, which was argued before the Supreme Court recently. We have another “clip” episode, with Akhil weighing in on attorneys and justices alike. It’s particularly appropriate in this case, because so much of the case concerns juries and the 7th amendment - which, by the w…

1
2 Experts, 3 Courts, Section 3, Part 3 - Special Guests William Baude and Michael Stokes Paulsen 1:55:17

12M ago1:55:17

1:55:17

The question of Donald Trump's disqualification under Section 3 of the 14th Amendment is before the courts. Last week the Colorado Supreme Court heard appeals of the District Court rulings. As they consider their decision, we have the privilege of hearing from the nation's two leading experts on the subject, the author of The Sweep and Force of Sec…

1
Sandra the First 1:36:01

12M ago1:36:01

1:36:01

There is no shortage of tributes to the just passed Justice Sandra Day O’Connor, and rightly so, and this first female Justice richly deserves praise and memory. We aim to offer a tribute by taking her seriously as a Justice of ideas as well as the frequently mentioned deeply human remarkable woman she was. Fortunately, Akhil’s career has been inte…

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