What Trump Can Teach Us About Con Law

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.

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.

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.

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 Roman will tackle a different section of this 7600-word document each month, treating the Constitution as a text to be analyzed.The second half of each Breakdown episode will be an installment of What Trump Can Teach Us About Con Law. That portion will continue to be available here, in this feed. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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.

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.

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.

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.

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.

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.

We’ve got a preview of a new miniseries for you called Not Built for This, created and hosted by Emmett FitzGerald. It’s a show about climate change, but not in the way you might think. It’s about how the complex systems that govern our lives are not designed for the tectonic changes that are coming our way. Because right now we’re all living in a world that was just Not Built for This. You can find Not Built for This in the 99% Invisible feed starting August 20th on SiriusXM, Pandora, or wherever you get your podcasts. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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.

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.

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. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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 followers to disrupt the election certification makes him an insurrectionist, and therefore, disqualified from becoming president again. What does all this mean for Trump and his 2024 presidential candidacy? Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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.

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 is trying to get his case tried in federal court instead of Georgia state court. In his petition, Meadows cites a 1899 case about margarine. Yes, margarine. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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 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 recording, the grand jury indictment was announced. All the reporting so far has indicated that the charges and circumstances around the alleged crimes conform to everything we discussed on March 30th last week, so I thought releasing this was still valuable even though it’s a developing story. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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.