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Every episode
What Trump Can Teach Us About Con Law
30 episodes
Constitutional Explosive Diarrhea
Aug 10, 2026 · 52 min
A Supreme Court decision about the administrative state went under the radar, but its implications have the potential to touch almost every aspect of modern life. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Shop Class and Sports Teams
Jul 27, 2026 · 46 min
In a decision filled with hypotheticals, the Supreme Court has ruled it is constitutional to bar transgender girls and women from playing on school sports teams that match their gender identity. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Who Gets To Be a Citizen?
Jul 13, 2026 · 49 min
The Supreme Court narrowly upheld birthright citizenship in the 5-4 decision of Trump v. Barbara. But the debate over who is granted citizenship — and who can be stripped of it — is far from over. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Cracking and Packing
Jun 11, 2026 · 52 min
Gerrymandering has long been part of American politics. But as the conservative majority on the Supreme Court has gutted the Voting Rights Act, states are getting more extreme with their redistricting. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
What Is a War?
Nov 28, 2025 · 36 min
The Trump administration’s attacks on Venezuelan boats defy even the broadest interpretation of the president's war powers. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Smoot, Hawley, and Trump
Sep 27, 2025 · 33 min
A Senate fight over Lady Chatterley’s Lover paved the way for Trump’s sweeping tariffs. Now the Supreme Court will decide if presidents can use emergency powers to sidestep Congress on trade. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Bad Faith President
Jul 25, 2025 · 33 min
The United States generally does not allow a standing army to be used against civilians. But Trump has been exploiting an exception to keep troops in Los Angeles to protect ICE agents, with terrifying implications. Bad Faith President Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
The Return of Con Law
Jun 10, 2025 · 58 min
We heard you. The chorus of voices asking “where is Con Law? Where is Professor Elizabeth Joh to guide us through this madness? We need it now more than ever!” Well, here it is. We’re back with a special extra-long episode about Trump’s perverted use of the Alien Enemies Act to deport people without due process and how judges are trying to hold the administration accountable to the Constitution. Plus, we announce the launch of The 99% Invisible Breakdown: The Constitution, where Elizabeth and Ro…
Election Lawsuits
Nov 4, 2024 · 34 min
No matter what happens on Election Day, Trump and his allies have already put legal challenges in motion. Here’s what a nerdy agency, hanging chads, and zombie lawsuits can tell us about how all this could play out. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Enemy Aliens
Oct 29, 2024 · 32 min
Falsely claiming there is a wave of violence perpetrated by migrants, Trump has threatened mass deportations under the broad and terrifying powers of the Alien Enemies Act. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Faithless Electors and Wrong Winners
Oct 8, 2024 · 33 min
The United States has a strange way of electing presidents. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Deepfakes and Lying Liars
Sep 24, 2024 · 32 min
Election deepfakes have the potential to change people's opinions about a presidential election in ways that can be harmful to democracy and the truth itself. But what does the Constitution say about regulating these manipulated images? One place to look: Hustler Magazine. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Whose Speech, Whose Campus
Sep 10, 2024 · 31 min
As students go back to school, colleges and universities across the country are preparing for the continuation of protests against the Israel-Hamas war—and claims by other students that the protests are violating their own civil rights. Institutions and courts are now weighing the question: whose free speech matters more? Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Fishy Deep State
Aug 27, 2024 · 32 min
What’s the connection between former President Donald Trump's attacks on the so-called “Deep State" and a tiny silvery fish? The Supreme Court, of course. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Cruel and Unusual
Aug 14, 2024 · 34 min
In 1960, a man named Lawrence Robinson was sentenced to 90 days in jail for violating a California law that made it illegal to be addicted to narcotics. This summer, California Governor Gavin Newsom issued an executive order telling agencies to clear “dangerous” homeless encampments on state land. What links these two situations? The Eighth Amendment. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Farfetched Arguments
Jul 30, 2024 · 27 min
After an unprecedented several weeks in politics, some on the right are advancing far-fetched arguments to challenge Vice President Kamala Harris’ presidential campaign, and a federal judge in Florida threw out the classified documents case against former President Donald Trump. Neither of these are based on established constitutional precedent. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Law-Free Zone
Jul 16, 2024 · 38 min
The concept of presidential immunity is not explicitly stated anywhere in the Constitution. That hasn’t stopped the Supreme Court from essentially creating what Justice Sonia Sotomayor called "a law-free zone around the President." What does this mean for the criminal cases against former President Trump? And what are the implications for the office of the presidency? Note: this episode was recorded before the assassination attempt on President Trump. Hosted by Simplecast, an AdsWizz company. Se…
The Disqualification Clause
Dec 18, 2023 · 34 min
In the aftermath of the Civil War, the Disqualification Clause was adopted to ensure that former officials and soldiers in the Confederacy would be barred from serving in public office. And for the first time in 153 years, an elected official has been disqualified for future office for his role in an insurrection: a New Mexico county commissioner who marched to the Capitol on January 6, 2021. Voters have filed lawsuits against Trump, arguing that the former president’s role in inciting his follo…
Gag
Nov 2, 2023 · 32 min
Gag orders are usually put in place to protect a defendant's right to a fair trial by limiting inflammatory statements. What happens when it's the defendant making the inflammatory statements and that defendant is a current candidate and former President of the United States? Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Margarine, Meadows, and Removal
Sep 19, 2023 · 33 min
On August 14, Fulton County District Attorney Fani Willis announced that the grand jury had returned a criminal indictment against Trump and eighteen other defendants for what they did in the days and weeks after the 2020 election. The story told by the indictment is that this group were part of a criminal enterprise that worked towards one singular goal: overturn the 2020 presidential election results in Georgia. One of the people indicted is former White House Chief of Staff Mark Meadows. He i…
Comstock Zombies
May 31, 2023 · 30 min
19th century "zombie" laws are shambling into the abortion debate. The Comstock Act of 1873 made it illegal to send “obscene, lewd or lascivious,” “immoral,” or “indecent” material through the mail. Does that include abortion pills? Comstock Zombies Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
On the Eve of Trump's Arraignment
Apr 4, 2023 · 27 min
On April 4th (that’s tomorrow as I record this) former President Trump is expected to be arraigned in a Manhattan court room. He was indicted by a New York grand jury last week but the exact charges against him remain unknown until he appears in court. On Thursday last week, Elizabeth Joh and I recorded an episode all about the Manhattan District Attorney’s investigation into Trump’s alleged hush money payments and the New York grand jury deliberations. About an hour after we finished that recor…
Lies, George Santos, and the 1st Amendment
Mar 17, 2023 · 24 min
New York's 3rd Congressional District elected a newcomer named George Santos in November of 2022. Since the election, it was revealed that Santos lied about nearly everything on his resume. What does the Constitution say about lies, punishing lies, and punishing someone who lies to get elected? Time to find out! Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Weddings, Websites, and Forced Speech
Feb 10, 2023 · 34 min
It’s been established law that it is wrong for businesses to discriminate against customers because of their race or ethnic background, but what if a business owner refuses to serve someone because of their sexual orientation? And what if that business owner asserts that serving a gay customer violates their first amendment rights? Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
The War Between the States
Nov 27, 2022 · 31 min
How the Dormant Commerce Clause tries to stop states from passing laws that put an undue burden on interstate commerce and what that means for states that wish to forward specific ethical agendas. Plus, what's going on with student debt relief: who filed a lawsuit against it and why. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Trump's Bet on Cannon
Oct 22, 2022 · 33 min
When the FBI executed a search warrant on his home, Trump and his lawyers filed their complaints in a district where they thought they’d get sympathetic treatment from Judge Aileen Cannon, who Trump appointed. The assignment of a particular judge is not up to Trump, but in this case, he got lucky, and Cannon was assigned. How did Trump’s gamble on getting his case in front of Judge Cannon work out? Let’s find out. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information abou…
The Mar-a-Lago Warrant
Sep 10, 2022 · 37 min
The official court order that permitted the search of Mar-a-Lago was made public, and even though much of it was redacted, there is a lot of information about what the government was looking for and which crimes the DOJ are investigating . Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
The Longest Week
Aug 12, 2022 · 28 min
In the final week of the most recent term, the Supreme Court decided to limit one constitutional right (abortion) and expand another constitutional right (guns). But there were other cases decided that week, which were also important and marked this as one of the most historically significant terms in over 100 years. So what happened in those other cases and why are they so important? Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of pe…
Jan 6 and the Evidence Against Trump
Aug 5, 2022 · 35 min
What have we learned from the January 6th Committee hearings and what does is mean for a potential Justice Department investigation of Trump? Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
After Dobbs
Jun 29, 2022 · 41 min
The Dobbs v. Jackson Women's Health Organization decision has overturned Roe v. Wade and revoked the right to abortion, a Constitutionally guaranteed right we have had for about 50 years. What happens now? Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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