What Trump Can Teach Us About Con Law
Roman Mars
101 episodes
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 about all the norms and laws being tested in the Trump era that he asked his neighbor, Elizabeth, to explain what was going on in the world from a Constitutional law perspective. Even after Trump left office, there is still so much for Roman to learn. What Trump Can Teach Us About Con Law is a weekly, fun, casual Con Law 101 class that uses the tumultuous activities of the executive, legislative, and judicial branches to teach us all about the US Constitution.
More about the show
All music for the show comes from Doomtree, an independent hip-hop collective and record label based in Minneapolis, Minnesota.
Episodes page 1 of 3
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Midterms Mayhem
For our 100th episode, how the Supreme Court's interpretation of what an undocumented immigrant looks like could impact voting during the midterms. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for…
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A Certain Dangerous Engine
The connection between a booby-trapped garden in Regency England and artificial intelligence. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data…
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Nonmailable Matter
The twists and turns of Americans’ ability to vote by mail in the 2026 midterms. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for…
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Who Gets To Sue
How many of you have been personally victimized by President Trump’s tacky ballroom? Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for…
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Do You Know How Your Phone Works?
A massive victory for privacy advocates in the Supreme Court hinged on what the justices say a user “reasonably expects” to be their own, personal data. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com…
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Constitutional Explosive Diarrhea
A Supreme Court decision about the administrative state went under the radar, but its implications have the potential to touch almost every aspect of modern life. Hosted by Simplecast, an AdsWizz company. See…
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Shop Class and Sports Teams
In a decision filled with hypotheticals, the Supreme Court has ruled it is constitutional to bar transgender girls and women from playing on school sports teams that match their gender identity. Hosted by Simplecast,…
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Who Gets To Be a Citizen?
The Supreme Court narrowly upheld birthright citizenship in the 5-4 decision of Trump v. Barbara. But the debate over who is granted citizenship — and who can be stripped of it — is far from over. Hosted by…
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Cracking and Packing
Gerrymandering has long been part of American politics. But as the conservative majority on the Supreme Court has gutted the Voting Rights Act, states are getting more extreme with their redistricting. Hosted by…
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What Is a War?
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…
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Smoot, Hawley, and Trump
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…
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Bad Faith President
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.…
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The Return of Con Law
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…
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Election Lawsuits
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.…
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Enemy Aliens
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.…
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Faithless Electors and Wrong Winners
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.
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Deepfakes and Lying Liars
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…
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Whose Speech, Whose Campus
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…
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Fishy Deep State
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…
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Cruel and Unusual
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…
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Farfetched Arguments
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…
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Law-Free Zone
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…
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The Disqualification Clause
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…
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Gag
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…
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Margarine, Meadows, and Removal
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…
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Comstock Zombies
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…
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On the Eve of Trump's Arraignment
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…
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Lies, George Santos, and the 1st Amendment
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…
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Weddings, Websites, and Forced Speech
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…
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The War Between the States
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…
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Trump's Bet on Cannon
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…
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The Mar-a-Lago Warrant
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…
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The Longest Week
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…
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Jan 6 and the Evidence Against Trump
What have we learned from the January 6th Committee hearings and what does is mean for a potential Justice Department investigation of Trump? Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for…
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After Dobbs
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? Hosted by…
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The Second Amendment
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…
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Ethics and Masks
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…
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The Leaked Draft
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…
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On the Other End of the Line
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…
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Book Banning and the Constitution
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…
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The Administrative State
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…
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A Jurisprudence of Doubt
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…
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Executive Privilege, SB 8 update, and Rust
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 set Hosted by Simplecast, an AdsWizz company. See…
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The Eastman Memo
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…
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Shadow Docket
The "Shadow Docket," Texas's SB 8, and the state of abortion rights in the US Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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Double Dose of Jacobson
As people argue over public policy regarding the COVID vaccine, Jacobson V. Massachusetts is invoked a lot. Plus, Trump is in court and the first Capitol riot conviction. Hosted by Simplecast, an AdsWizz company. See…
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Bong Hits for Jesus
This episode contains explicit language quoted from a cheerleader. Recorded on Monday 6/28, Professor Joh walks us through three recent decisions that came in at the end of the term and how they relate to court…
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Hate Crimes
On May 20, 2021, President Biden signed the COVID-19 Hate Crimes Act. This bill made special mention of hate crimes against Asian Americans. This was in stark contrast to his predecessor who stoked hate by using racist…
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Pattern and Practice
What can a President do when it comes to reforming the approximately 18,000 locally governed police departments around the US? The infamous Rodney King video showing him being graphically beaten by police officers…
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The Capitol Mob and their cell phones
On January 6th, a mob stormed the US Capitol to try to stop the certification of the presidential election results. Many of the insurrectionists will be tracked down and charged with crimes, in part, because their cell…
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