When first adopted, the Bill of Rights only applied to the federal government -- not state governments. But in the early twentieth century, the Supreme Court began to rule that the rights enumerated in the Bill of Rights are part of the liberty

Sex, Gender, & the Constitution

Jan 14th, 2022 19m 26s

Join us for a deep dive into the Fourteenth Amendment's relationship to sex and gender. Even though Abigail Adams implored her husband John to "remember the ladies" when helping to draft the Constitution, the original text doesn't mention women

Law School 101

Jan 14th, 2022 41m 30s

Whether you're just starting law school or need some extra inspiration to help you continue, this conversation is here to help. We're joined by Lindsay Kendrick, Dean of Students and the Assistant Dean for Diversity and Inclusion at NYU School

Appointment & Removal

Jan 14th, 2022 13m 8s

Welcome to season 2 of Irrational Basis Review! We're kicking things off with an overview of Article II of the Constitution and the President's power to appoint officers and remove them.

Race Conscious Remedies

Jan 14th, 2022 18m 22s

In Korematsu v. United States, the Supreme Court said that laws that distinguish between people on the basis of race are subject to strict scrutiny. And it purportedly applied that standard in Brown v. Board of Education, the case holding that

Animus

Mar 29th, 2021 18m 42s

What happens when rational basis gets bitten by a radioactive animus spider? It becomes super-powered and invalidates a range of discriminatory conduct. Where did this toothier form of rational basis come from? And which Justice made it his

Carolene Products: Footnote 4

Mar 15th, 2021 13m 46s

Start your study of individual rights on the right foot(note) with this discussion of Con Law’s most famous footnote and the tiers of scrutiny that it spawned.

State Action

Feb 20th, 2021 9m 36s

A quick, handy guide to the state action doctrine.

Unenumerated Rights

Feb 20th, 2021 11m 44s

We do a deep dive into unenumerated rights-- where do they come from? Why do they get such a bad rap? How do we know when an unenumerated right is entitled to the most robust constitutional protections?

Congress’s Section 5 Power

Feb 17th, 2021 11m 41s

A deeper dive of Congress’s power to enact legislation pursuant to the Fourteenth Amendment.

Commerce Clause Jurisprudence

Feb 2nd, 2021 24m 18s

A rollicking ride covering the Court’s Commerce Clause jurisprudence from Gibbons v. Ogden, to the Gilded Age, to the New Deal, to the present.

Presidential Power & Checking the President

Jan 26th, 2021 19m 53s

A topic of increasing importance -- empowering and constraining the President.

Standing Doctrine

Jan 23rd, 2021 14m 56s

A quick and dirty guide to understanding standing doctrine, its relationship to the other justiciability doctrines, and the substantive consequences of this procedural constraint of jurisdiction (with particular emphasis on Lyons v. City of Los

Heller High Water (Heller v. District of Columbia

Jan 19th, 2021 17m 15s

A deep-ish dive into District of Columbia v. Heller and the various interpretive methodologies that courts use in constitutional interpretation.

Court Packing (Marbury v. Madison)

Jan 18th, 2021 15m 4s

The case that started it all… get a better understanding of this stalwart of the Con Law curriculum.Just because constitutional law might seem irrational doesn’t mean you can’t or don’t understand it. We’re here to help with that.This show is d

Trailer

Announcing...Irrational Basis Review!

Aug 12th, 2020 1m 42s

Introducing Irrational Basis Review: a podcast that is rationally related to a legitimate educational purpose -- introducing, analyzing, and contextualizing the foundational constitutional law cases that are part of the first year law school cu