How to Fix - and How Not to Fix - the Immunity Opinion

How to Fix - and How Not to Fix - the Immunity Opinion

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 restrain and direct the Court towards Congress’ will, assuming that Congress agrees with the authors, that is. Senator Schumer in a recent bill took a similar though not as extreme direction. We identify the flaws with these approaches, and offer an alternative that would be constitutional, and has an actual chance of being effective, based upon history and constitutional structure. We also take up some fascinating readers’ questions, including one which might matter for some overseas voters. CLE credit is available for lawyers and judges from podcast.njsba.com.

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Jaksot(279)

Scrip for Scripture on the National Mall

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, a...

20 Touko 1h 22min

JFK's Wall

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 deb...

13 Touko 1h 13min

Fourteen Colonies, Ten Commandments

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 ...

6 Touko 1h 35min

Remember the Alamo Heights

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...

29 Huhti 1h 40min

Popes and Presidents

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...

23 Huhti 1h 35min

Last Branch Stands, The Barbara Court Sits - Special Guest Sarah Isgur

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 argumen...

15 Huhti 1h 42min

New World, Same Constitution

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 a...

8 Huhti 2h 6min

Crib Sheets for Barbara

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, r...

1 Huhti 1h 7min

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