What Trump Can Teach Us About Con Law

What Trump Can Teach Us About Con Law

trumpconlaw.com
A Con Law professor teaches a radio producer about the US Constitution using examples from Trump’s bizarre tweets and executive actions
31- Executive Privilege
Apr 18 • 26 min
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 privilege”…
30- The 25th Amendment
Dec 31, 2018 • 20 min
What does the 25th Amendment say about presidential fitness, disability, and Trump?
29- Birthright Citizenship and the 14th Amendment
Dec 4, 2018 • 21 min
Trump has threatened to revoke Birthright Citizenship with an executive order. This proposed order contradicts the Fourteenth Amendment, but Trump’s tweets contend otherwise.
28- Kavanaugh Special Episode
Oct 4, 2018 • 19 min
Some of the Constitutional considerations of the Kavanaugh confirmation process. Recorded October 2, 2018.
27- Treason
Sep 13, 2018 • 21 min
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 act?
26- Roe
Aug 16, 2018 • 25 min
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.
25- Justice Kennedy
Jul 5, 2018 • 24 min
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 with gay…
24- Taking the Fifth
Jun 29, 2018 • 19 min
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?
23- President Twitter and the First Amendment
Jun 8, 2018 • 20 min
Can Trump block people on Twitter? It turns out, the First Amendment has something to say about that.
22- Posse Comitatus
May 22, 2018 • 21 min
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 “The…
21- Attorney Client Privilege
Apr 27, 2018 • 24 min
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.
20- Deadly Force
Mar 15, 2018 • 19 min
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?
19- The Poisonous Tree
Feb 23, 2018 • 17 min
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 tainted…
18- The Tenth Amendment
Feb 9, 2018 • 19 min
The Tenth Amendment limits the federal government’s control over the states, but the interpretation of that limit is always shifting.
17- The 4th Amendment and the Border
Jan 25, 2018 • 18 min
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…
16- Defamation
Jan 13, 2018 • 22 min
Trump likes to threaten the press with libel lawsuits. What does the Constitution have to say about defamation and the press?
15- Challenge Coin
Dec 28, 2017 • 17 min
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 and we…
14- Prosecuting a President
Dec 14, 2017 • 22 min
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.
13- Criminal Justice and the POTUS
Nov 18, 2017 • 23 min
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 US…
12- Right to Dissent
Nov 2, 2017 • 21 min
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, and now…
11- War Powers
Oct 19, 2017 • 13 min
What does the Constitution say about the president’s ability to wage war and what is the role of Congress?
10- Impeachment
Oct 9, 2017 • 18 min
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.
9- Commerce Clause
Aug 17, 2017 • 18 min
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…
8- The Takings Clause
Aug 10, 2017 • 19 min
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.
7- Recess Appointment Power
Aug 3, 2017 • 16 min
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 the…
6- The Emoluments Clauses
Jul 20, 2017 • 17 min
The Constitution says that a “person holding any office of profit or trust” cannot accept gifts from any foreign state. In Article II, it also says the president specifically cannot accept gifts from “United States, or any of them.” If Trump businesses…
5- Presidential Immunity
Jul 13, 2017 • 18 min
There have already been a few high profile lawsuits against President Trump and the first defense against such a lawsuit is to claim that the president cannot be sued in civil court. But it turns out, the Supreme Court has ruled different ways on whether…
4- The Spending Clause
Jun 29, 2017 • 13 min
In an executive order, Trump threatened to withhold federal money from any place acting as a “sanctuary city.” Supreme Court rulings over the 20th century have ruled in different ways on how federal money can be used to influence the behavior of local…
3- Pardon Power
Jun 22, 2017 • 13 min
There are reports that the Trump administration is being investigated for obstruction of justice. This has led a lot of people to wonder if the Constitution’s presidential pardon power could be used to absolve members of his administration, or even…
2- The Appointments Clause and Removal Power
Jun 15, 2017 • 16 min
The US Constitution has a clause that describes how the president can hire certain political appointees with the advice and consent of the Senate. It doesn’t say when the president can fire someone. We take a look at recent Trump firings and put them in…
1- Judicial Legitimacy
Jun 8, 2017 • 11 min
Back in February 2017, Trump tweeted a criticism of the “so-called judge” who blocked the enforcement of his travel ban. Why does the president have to listen to what the courts say? We’re going to tell the story of a key moment in history when the…
0- Intro to What Trump Can Teach Us About Con Law
Jun 7, 2017 • 8 min
Welcome to “What Trump Can Teach Us About Con Law”! Every week Roman Mars (99% Invisible) will host a fun, casual Con Law 101 class that uses the tumultuous and erratic activities of the executive branch under Trump to teach us all about the US…