DiscoverWhat Trump Can Teach Us About Con Law
What Trump Can Teach Us About Con Law
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What Trump Can Teach Us About Con Law

Author: Roman Mars

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Professor Elizabeth Joh teaches Intro to Constitutional Law and most of the time this is a pretty straight forward job. But with Trump in office, everything has changed. Five minutes before class Professor Joh checks Twitter to find out what the 45th President has said and how it jibes with 200 years of the judicial branch interpreting and ruling on the Constitution. Hosted by acclaimed podcaster Roman Mars (99% Invisible, co-founder Radiotopia), this show is a weekly, fun, casual Con Law 101 class that uses the tumultuous and erratic activities of the executive branch under Trump to teach us all about the US Constitution. Proud member of Radiotopia from PRX.
42 Episodes
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The Supreme Court may not be able to meet in person, but they are still doing business over conference call. This month, they've considered three cases about Donald Trump's finances, and whether they should be released to Congressional committees and prosecutors in New York. What does history tell us about these cases which could have major consequences for executive power?
40- Jacobson and COVID

40- Jacobson and COVID

2020-04-2431:146

In mid-April, 2020, states are beginning to explore ways to re-open their economies amid the global coronavirus pandemic. But with states devising their own paths forward, many are wondering what powers the government has, even during a national emergency. Are the states violating our civil liberties by enforcing these lockdowns? To answer this question, many legal scholars are looking to a 115-year-old Supreme Court case for answers, Jacobson v. Massachusetts.
39- Quarantine Powers

39- Quarantine Powers

2020-03-1733:405

During a health crisis, what is the government allowed to do? As the novel coronavirus spreads across America, there have been closures and lockdowns across the country. In this episode, we look to history to understand who has the power to quarantine, and how the office of the president can be used to slow down a pandemic.
Prosecutors recommended that Roger Stone, an associate of Donald Trump, be given a heavy penalty after being convicted of seven felony counts, including lying to authorities. But after intervention from Attorney General Barr, and tweets from the President, those recommendations were rescinded. What can his case tell us about presidential interference and prosecutorial discretion?
After Donald Trump ordered the killing of Iranian general Qasem Soleimani, many wondered if the two countries were on the brink of a major conflict. This incident is only the latest in the long-standing fight between Congress and the President over who has the power to make war, and if an act of violence against another state can be legitimate without Congressional approval. This episode also includes an update on the Senate impeachment trial of Donald Trump, which began earlier this week. Make your mark. Donate at http://radiotopia.fm
36- Bribery

36- Bribery

2019-12-2334:2010

Bribery is one of the three offenses listed in the Constitution as grounds for impeachment. Even though that is attempting to bribe Ukraine is the act that precipitated to Trump’s impeachment, it’s not explicitly listed in the articles of impeachment. Why is that? Make your mark. Go to radiotopia.fm to donate today.
35- Confrontation Clause

35- Confrontation Clause

2019-11-1531:277

Since the beginning of the impeachment proceedings against the President, Donald Trump has insisted he has a right to confront “the whistleblower,” the anonymous member of the intelligence community who set the whole thing in motion. There is a Confrontation Clause in the Sixth Amendment of the United States Constitution, which says a defendant in a criminal case has the right to face their accuser. But does this clause apply to the impeachment hearing against a president in Congress?
34- Foreign Affairs

34- Foreign Affairs

2019-10-1829:5110

Donald Trump says he should not be impeached as President, since there was ‘no quid pro quo’ on a phone call where he asked the Ukrainian president to investigate a political rival, former Vice President Joe Biden. But does quid pro quo need to be explicitly stated to be a legal issue? And can private citizens like Rudy Giuliani represent America on foreign policy issues? Get the new Shredders album from Doomtree!
33- Obstruction

33- Obstruction

2019-09-2127:1710

Trump lawyers assert that all of Trump’s actions during the Mueller investigation were within his rights as President and can’t be classified as obstruction of justice, especially because there is no underlying crime alleged. But as Martha Stewart will tell you, that’s not how obstruction of justice works. Get the new Shredders album from Doomtree!
32- Contempt Power

32- Contempt Power

2019-05-1321:534

What is Congress’ contempt power and how can they use it to force people to cooperate with their investigations?
31- Executive Privilege

31- Executive Privilege

2019-04-1826:412

It's likely that Trump will invoke executive privilege during the numerous investigations and inquiries into his actions. Presidents have insisted they need to keep secrets to do their job effectively since Washington, but the term "executive privilege" is relatively recent and it has rarely been tested in court.
30- The 25th Amendment

30- The 25th Amendment

2018-12-3121:587

What does the 25th Amendment say about presidential fitness, disability, and Trump?
Trump has threatened to revoke Birthright Citizenship with an executive order. This proposed order contradicts the Fourteenth Amendment, but Trump’s tweets contend otherwise.
Some of the Constitutional considerations of the Kavanaugh confirmation process. Recorded October 2, 2018.
27- Treason

27- Treason

2018-09-1322:2712

When Trump tweets just the single word “Treason?”, probably in reference to the anonymous New York Times Op-Ed, is he using that word correctly? What does our federal Constitution say about treason? And when exactly does someone commit a treasonous act?
26- Roe

26- Roe

2018-08-1625:595

Trump has a second Supreme Court pick and that has a lot of people wondering about the future of Roe v. Wade. Here we look at the constitutional basis of the decision and the strange personal history of Roe.
25- Justice Kennedy

25- Justice Kennedy

2018-07-0625:248

Justice Kennedy decided to retire at the end of this Supreme Court term. Kennedy has been the swing vote on a lot of important cases. He’s mostly considered a conservative, but he has voted with the more progressive judges on cases having to do with gay rights and abortion. His successor will be appointed by Trump and that has many progressives concerned that the replacement will be even more conservative.
24- Taking the Fifth

24- Taking the Fifth

2018-06-2920:2710

Trump has said the taking the fifth makes "you look guilty as hell" but lot of Trump's associates are now taking the fifth in the Russia investigation. How should we interpret people taking the fifth?
Can Trump block people on Twitter? It turns out, the First Amendment has something to say about that.
22- Posse Comitatus

22- Posse Comitatus

2018-05-2222:405

The Posse Comitatus Act limits the federal government’s ability to use the military to enforce domestic policy within the United States. However, this act has so many allowable exceptions, it has rarely been officially violated. When Trump suggests “The Feds” should police Chicago to get the murder rate down, he might have found the perfect example of a Posse Comitatus Act violation.
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Comments (32)

Cliff Wild

Liz, why do you insist on infringing on the Trump brand, in order to be included in a search for "Trump"? Do you not believe that you have the ability to attract any possible audience / subscribers, if you don't mention President Trump's name? It's clear that you are NOT a Trump supporter, or fan. I guess that you liberal pieces of schiff are desperate enough to do anything unethical, in order to self-attract any possible self-relevance for yourself. So sad.

Feb 13th
Reply (1)

Jessnjames812

In Episode 20 of Trump ConLaw, I don’t think it’s fair judge Trump on his resolution for massive school shootings. I think in these circumstances it is better to judge his idea, along with the millions of other ideas, as something possible or not possible, in the area of school shootings. In these moments, our hearts ache and it’s important to brain storm possible resolutions without ignoring any idea at first glance (because that can shut down the brain storming process). And who knows: his idea, or a modification thereof, may be the best thing that’s ever happened. I think this episode judges Trump in a way that I disagree with. #schoolshootings #guncontrol #gunlaws #romanmars #trumpconlaw #constitutionallaw

Jan 30th
Reply

hola, yo no hablo espanol

you can't call ukrane interference in our elections "baseless conspiracy theory", and he never said or implied russia interfered and ukrane did not. here is a little bit of base from a liberal news source https://www.politico.com/story/2017/01/ukraine-sabotage-trump-backfire-23344 1st of many corrections if I wanted to kill myself by listening to this garbage

Jan 27th
Reply

Lizzie Sullivan

I enjoy the "favorite professor's lecture" feel of this podcast.

Oct 19th
Reply (1)

Erica Champion

Thank you for clearly articulating WHY the Ukraine quid pro quo is so problematic. I'm afraid the administration is trying to argue that it's not, and until now I haven't read/heard such a clear explanation.

Oct 19th
Reply

Jarfruit

missed you!

Sep 23rd
Reply (1)

Gail Ross

No hype, just law- big fan

Sep 21st
Reply

Carl Doby

Obama made comments about cases before all the evidence was in. He said the police acted stupidly about a case that the police came out innocent.

Jul 11th
Reply (3)

kevin wilbanks

it was rather convenient to hear about biases and recommended recusals without mention of RBGs comments about the president. mention was also not made about Kagans role with Obamacare.

Jan 5th
Reply

kevin wilbanks

it was a bit convenient that the hosts did not clearly mention that the reversal of the original decision was likely due to FDRs stacking of the court by adding justices to the SCOTUS.

Jan 3rd
Reply

Kim Schellenberg

Where Have You Been?!?!?! We MISSED YOU!!!

Dec 6th
Reply

Solykos

we need more!

Nov 14th
Reply

Kim Schellenberg

Where have you gone?!?! There is so much $#!+ hitting the fan with the USA that I REALLY need to know what the LAW says: not pundits, not politicians. Facts NOT Farce. Thank you so much for your service/podcast...it is very much appreciated. 💗👍

Nov 4th
Reply

Vanderlay

The October 4th episode is beyond stupid - if you were falsely accused of being a gang rapist, would you not be angry? Kavanaugh has every right to be angry for it and I will not fault him for it.

Oct 11th
Reply

Mairi Beacon

I love so much of the Radiotopia world and this is no exception. Thanks, Roman and Prof. Joh. I'm finding this a useful and anchoring response to the world we're living in

Sep 6th
Reply

Louis Olive

why is there adds built in

Jun 27th
Reply

Jarfruit

sweet theme music

Jun 9th
Reply

Joseph De Sandro

I'm a very real and truthful honest broadcaster if it comes to broadcasting I believe that Trump is trying to do the best you can but I believe things in the past do I hold him back if you need a artist to hold up a job and be steady with all movement please give me a call you can contact me through this messaging or at my Facebook Joseph Anthony desandro thank you God bless and know that this is America

Feb 9th
Reply (2)

Marina Hernandez

amazing

Jan 9th
Reply

Cees Sanders

in de

Oct 31st
Reply
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