What Trump Can Teach Us About Con Law

A Government and Organizations podcast featuring Elizabeth Joh and Roman Mars
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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 privi…
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.
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…
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.
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 wit…
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.
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…
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.
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?
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 tainte…
The Tenth Amendment limits the federal government’s control over the states, but the interpretation of that limit is always shifting.
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 affi…
Trump likes to threaten the press with libel lawsuits. What does the Constitution have to say about defamation and the press?
You might not remember December 22, 2017 as a particularly notable day, but I will always remember it as the day the world first saw Donald Trump’s redesigned Presidential Challenge Coin. Because 99% Invisible did an episode about challenge coins a…
Two Vice Presidents have been indicted with criminal charges while serving in office, but does the Constitution allow the prosecution of a President? Elizabeth Joh and Roman Mars explore this question.
Presidents don't usually weigh in on criminal cases. In fact, it’s critical to the integrity of the criminal justice system that the executive not try to influence the outcome of cases. But Trump can't help himself. President Trump has called the U…
From "taking a knee" to refusing to salute the flag, the US has a rich history of public dissent, a right guaranteed by the Constitution. But you’d be surprised to learn that the Supreme Court has taken drastically different stands on this right, a…
What does the Constitution say about the president’s ability to wage war and what is the role of Congress?
Impeachment is talked about a lot, but it is extremely rare. Impeachment is the constitutional emergency measure written into the constitution itself. We talk about the procedure impeachment and why it's so hard.
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…
To build a wall, Trump is going to need to seize private land. The Constitution has something to say about that and it’s known as the Takings Clause.
The Constitution says that the president can appoint important executive positions with the advice and consent of the Senate. But what if the Senate is out on recess? Does the president have to wait until the Senate comes back? Today we’ll explore …
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Podcast Details
Started
Jun 8th, 2017
Latest Episode
Apr 18th, 2019
Release Period
Weekly
No. of Episodes
32
Avg. Episode Length
19 minutes
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