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Government

What Trump Can Teach Us About Con Law

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Rank #2 in Government category

Government
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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.

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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.

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2697 Ratings
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2338
183
50
31
95

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iTunes Ratings

2697 Ratings
Average Ratings
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183
50
31
95

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Cover image of What Trump Can Teach Us About Con Law

What Trump Can Teach Us About Con Law

Latest release on Jan 25, 2020

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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.

Rank #1: 2- The Appointments Clause and Removal Power

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The US Constitution has a clause that describes how the president can hire certain political appointees with the advice and consent of the Senate. It doesn’t say when the president can fire someone. We take a look at recent Trump firings and put them in context of Supreme Court cases where the court both upheld and denied the president’s right to fire an executive branch employee. Even if a president has the constitutional power to fire someone, it doesn’t mean there aren’t political and legal consequences of the action.

Jun 15 2017

16mins

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Rank #2: 21- Attorney Client Privilege

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When the office of Trump’s personal lawyer, Michael Cohen, was raided by the FBI, Trump took twitter to express his concern. He wrote “Attorney-client privilege is dead!” Let’s see if it is.

Apr 27 2018

24mins

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Rank #3: 3- Pardon Power

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There are reports that the Trump administration is being investigated for obstruction of justice. This has led a lot of people to wonder if the Constitution’s presidential pardon power could be used to absolve members of his administration, or even himself, from criminal charges. And what does the Constitution say about how a pardon has to be presented? Can Trump pardon someone with a tweet?

Jun 22 2017

13mins

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Rank #4: 4- The Spending Clause

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In an executive order, Trump threatened to withhold federal money from any place acting as a “sanctuary city.” Supreme Court rulings over the 20th century have ruled in different ways on how federal money can be used to influence the behavior of local governments. When it comes to the Spending Clause, how coercive is too coercive?

Jun 29 2017

13mins

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Rank #5: 32- Contempt Power

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

May 13 2019

20mins

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Rank #6: 31- Executive Privilege

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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.

Apr 18 2019

26mins

Play

Rank #7: 5- Presidential Immunity

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There have already been a few high profile lawsuits against President Trump and the first defense against such a lawsuit is to claim that the president cannot be sued in civil court. But it turns out, the Supreme Court has ruled different ways on whether or not the president is immune from lawsuits. We look a three cases from history and hear how they’re being used to argue for and against the current cases filed against Trump.

Jul 13 2017

18mins

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Rank #8: 19- The Poisonous Tree

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The Russia investigation has been called a "witch hunt" by Trump and his supporters on Twitter. And they've invoked the legal concept "the fruit of the poisonous tree" to invalidate the investigation. What does the Fourth Amendment say about tainted investigations and does it apply to Trump?

Feb 23 2018

17mins

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Rank #9: 17- The 4th Amendment and the Border

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The Fourth Amendment says that “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” But at the border, warrantless searches are OK, even when it comes to our digital devices. With Trump's focus on the border, this is becoming a bigger deal.

Jan 25 2018

18mins

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Rank #10: 20- Deadly Force

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The Fourth Amendment includes the right to be secure from “unreasonable searches and seizure.” We have some idea of how this applies to cops, but if teachers are allowed to carry guns in school, are they also subject to the Fourth Amendment?

Mar 15 2018

19mins

Play

Rank #11: 18- The Tenth Amendment

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The Tenth Amendment limits the federal government’s control over the states, but the interpretation of that limit is always shifting.

Feb 09 2018

19mins

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Rank #12: 6- The Emoluments Clauses

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The Constitution says that a “person holding any office of profit or trust” cannot accept gifts from any foreign state. In Article II, it also says the president specifically cannot accept gifts from “United States, or any of them.” If Trump businesses profit from a foreign or domestic state, is that a violation of either one of the emolument clauses? It’s hard to say, because there is literally no case law when it comes the emoluments clause. None!

Jul 20 2017

17mins

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Rank #13: 16- Defamation

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Trump likes to threaten the press with libel lawsuits. What does the Constitution have to say about defamation and the press?

Jan 14 2018

22mins

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Rank #14: 9- Commerce Clause

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The federal government can't pass any law it wants to. It's limited by Article 1 Section 8 of the Constitution, but the executive branch can choose how to enforce those laws. Under Trump, there are indications that drug laws, which are based on the Commerce Clause, are about to be enforced very differently.

Aug 17 2017

18mins

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Rank #15: 25- Justice Kennedy

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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.

Jul 06 2018

24mins

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37 - War Powers and Impeachment Update

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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

Jan 25 2020

35mins

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36- Bribery

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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.

Dec 23 2019

30mins

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35- Confrontation Clause

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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?

Nov 15 2019

29mins

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34- Foreign Affairs

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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!

Oct 18 2019

29mins

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33- Obstruction

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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!

Sep 21 2019

26mins

Play

32- Contempt Power

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

May 13 2019

20mins

Play

31- Executive Privilege

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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.

Apr 18 2019

26mins

Play

30- The 25th Amendment

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What does the 25th Amendment say about presidential fitness, disability, and Trump?

Dec 31 2018

20mins

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29- Birthright Citizenship and the 14th Amendment

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Trump has threatened to revoke Birthright Citizenship with an executive order. This proposed order contradicts the Fourteenth Amendment, but Trump’s tweets contend otherwise.

Dec 04 2018

21mins

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28- Kavanaugh Special Episode

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Some of the Constitutional considerations of the Kavanaugh confirmation process. Recorded October 2, 2018.

Oct 04 2018

19mins

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27- Treason

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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?

Sep 13 2018

21mins

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26- Roe

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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.

Aug 16 2018

25mins

Play

25- Justice Kennedy

Podcast cover
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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.

Jul 06 2018

24mins

Play

24- Taking the Fifth

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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?

Jun 29 2018

19mins

Play

23- President Twitter and the First Amendment

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Can Trump block people on Twitter? It turns out, the First Amendment has something to say about that.

Jun 09 2018

20mins

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22- Posse Comitatus

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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.

May 22 2018

21mins

Play

21- Attorney Client Privilege

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When the office of Trump’s personal lawyer, Michael Cohen, was raided by the FBI, Trump took twitter to express his concern. He wrote “Attorney-client privilege is dead!” Let’s see if it is.

Apr 27 2018

24mins

Play

20- Deadly Force

Podcast cover
Read more

The Fourth Amendment includes the right to be secure from “unreasonable searches and seizure.” We have some idea of how this applies to cops, but if teachers are allowed to carry guns in school, are they also subject to the Fourth Amendment?

Mar 15 2018

19mins

Play

19- The Poisonous Tree

Podcast cover
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The Russia investigation has been called a "witch hunt" by Trump and his supporters on Twitter. And they've invoked the legal concept "the fruit of the poisonous tree" to invalidate the investigation. What does the Fourth Amendment say about tainted investigations and does it apply to Trump?

Feb 23 2018

17mins

Play

18- The Tenth Amendment

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The Tenth Amendment limits the federal government’s control over the states, but the interpretation of that limit is always shifting.

Feb 09 2018

19mins

Play

iTunes Ratings

2697 Ratings
Average Ratings
2338
183
50
31
95

Look at you

By Daniel Casey Hopkins - Dec 07 2019
Read more
Tricking me into learning stuff...

Impeachment

By Patti R. - Oct 10 2019
Read more
Hope you will be doing a podcast on Impeachment inquiry.