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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 when Trump came into office, everything changed. During the four years of the Trump presidency, Professor Joh would check Twitter five minutes before each class to find out what the 45th President had said and how it jibes with 200 years of the judicial branch interpreting and ruling on the Constitution. Acclaimed podcaster Roman Mars (99% Invisible) was so anxious abou ...
A tiny radio show about design, architecture & the 99% invisible activity that shapes our world. http://99percentinvisible.org/ New episodes every Wednesday. On the radio on 91.7 KALW in San Francisco. Fridays at 7:35am and 4:30pm, Saturdays at 8:35am. And public radio stations across the country. Created by Roman Mars.
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What Roman Mars Can Learn About Con Law
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73- Lies, George Santos, and the 1st Amendment
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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!…
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What Roman Mars Can Learn About Con Law
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72-Weddings, Websites, and Forced Speech
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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?…
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.Oleh Roman Mars
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 …
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 .Oleh Elizabeth Joh
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…
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What Roman Mars Can Learn About Con Law
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67- Jan 6 and the Evidence Against Trump
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What have we learned from the January 6th Committee hearings and what does is mean for a potential Justice Department investigation of Trump?Oleh Roman Mars
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?Oleh Roman Mars
The recent mass shootings and a New York gun carrying permit case awaiting a decision from the Supreme Court calls for an examination of the current interpretation of the Second Amendment. The Heller decision from 2008 is the foundation of modern thought on the subject, but that decision is based on guessing what law makers thought hundreds of year…
The January 6th committee investigation uncovered unhinged texts from Ginni Thomas, wife of Supreme Court Justice Clarence Thomas, that implicated her in the riot on the Capitol. The release of the Trump White House records that led to the discovery of the texts was an issue that was decided by the Supreme Court. In an 8-1 decision the Court ordere…
On May 2, 2022 a draft majority opinion written by Justice Alito was leaked to the press. His draft opinion on Dobbs v. Jackson Women’s Health Organization overturns Roe v. Wade and puts many other constitutional rights the court has guaranteed under the 14th Amendment under threat.Oleh Roman Mars
Trump's improper dealing with Ukraine was what led to his first impeachment. While most of us were focused on the domestic political implications of Trump's actions, the country of Ukraine was put into jeopardy in a way that many didn't fully realize until the recent Russian invasion. Time to revisit the first Trump impeachment now that we know mor…
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What Roman Mars Can Learn About Con Law
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61- Book Banning and the Constitution
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A school district in Tennessee voted to ban the graphic novel Maus from their curriculum. Because of a case called Pico (1982) the school board's stated objection to the material had to be very carefully worded as to not violate the First Amendment. Now a number of bills limiting the teaching of Critical Race Theory and the 1619 Project are also ma…
What two rulings about COVID vaccine mandates tell us about the future of the Administrative State under this configuration of the Supreme Court. Plus updates on Texas abortion rights, Executive Privilege in the Jan 6 investigations, and Breyer!Oleh Roman Mars
Supreme Court cases from Mississippi and Texas are challenging long upheld precedents that established abortion rights. Reproductive rights, and many others, are not explicitly referenced in the Constitution, but are considered fundamental because of the presence of the word "liberty" in the 14th Amendment.…
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What Roman Mars Can Learn About Con Law
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58- Executive Privilege, SB 8 update, and Rust
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An update on SB 8, Executive Privilege of presidential records connected with January 6th, and a short digression into criminal law about the tragic death on a movie setOleh Roman Mars
John Eastman, a mainstream conservative lawyer working for Trump, outlined a plan for VP Pence to declare Trump the winner of the 2020 election regardless of the votes. It didn't happen, but should we be worried about the memo when it comes to future elections?Oleh Elizabeth Joh
