The Merits of The Merits

The Merits of The Merits

The Trump executive order on birthright citizenship has been banging around the lower federal courts for months now, with court after court opining on its unconstitutionality and issuing injunctions against it that span the nation. The Supreme Court took cert on the question of whether such national injunctions are appropriate, and if not, how the relief that appears indicated can be offered. Along the way questions of the merits poked their way through, with interesting results. In this episode you will hear from the justices and the attorneys, and you will hear Professor Amar doing his Howard Cosell halftime highlights imitation, opining on their arguments, responses, and questions, and offering a holistic approach to the case as well as some new theories on how to think about citizenship in this context. A “clip episode” as only Amarica’s Constitution does it. CLE credit is available for lawyers and judges from podcast.njsba.com.

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Episoder(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 Mai 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 Mai 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 Mai 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 Apr 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 Apr 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 Apr 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 Apr 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 Apr 1h 7min

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