How Our Constitution Works ... And Why It Doesn’t

A reasoned debate on a controversial topic.

It's been quite a week.

We discuss her work in free speech and her contribution to Harvard Law's new book, America Unfinished. https://hls.harvard.edu/faculty/rebecca-tushnet/ https://hls.harvard.edu/america-unfinished/  

We discuss a new book by Harvard's faculty that he contributed to, and his thoughts on American democracy today. https://www.penguinrandomhouse.com/books/842833/america-unfinished-by-edited-by-alexandra-natapoff-and-guy-uriel-e-charles/

We discuss an array of ways the constitution isn't working with Texas and Harvard law professor Sandy Levinson. https://law.utexas.edu/faculty/sanford-v-levinson/

A reasoned discussion (of all things!) about this hotbed issue.

An easy question to answer: it violates the constitution. Here's why.

An in-depth discussion on this essential topic with law professor Ned Foley of Ohio State, the leading scholar in this area. https://moritzlaw.osu.edu/edward-b-foley-ba-jd

We discuss the legendary legal scholar's new The New York Times opinion piece,  By Week's End, Trump's War Will Be Plainly Illegal.  We also hear about his new book, Campus Speech and Academic Freedom: A Guide for Difficult Times. A wonderful conversation with the Dean of UC Berkeley Law.  

There is a pathway in the constitution. Allow us to explain.

A substantive discussion about one of constitutional law's most controversial topics.

A deep dive into this key constitutional battleground. Trump is very focused on the 2026 midterm elections. What can he do from a constitutional perspective? A huge question for the country.

On the latest episode of How Our Constitution Works … And Why It Doesn’t, we discuss whether, and to what extent, executive agencies can operate outside the president’s control. It’s a complicated and fascinating question, and the subject of a pending decision before the high court. The independence of the federal reserve—essential to economic stability—is at stake.

Law Professor Richard Epstein (one of the most-cited legal scholars of all time) joins to discuss the war powers. His new book The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says comes out May 1.  

A stimulating conversation with Yale law professor William Eskridge, one of the most-cited legal scholars of all time. 

Georgetown Law Professor Steve Vladeck joins the show to discuss his New York Times bestselling book The Shadow Docket . Steve a leading authority on the Supreme Court and his wildly popular Substack newsletter One First is essential reading for every citizen concerned with (and by) the nation's highest court.

On this episode of How Our Constitution Works ... And Why It Doesn't, we delve into a very timely and important topic: elections during wartime. 

We discuss how the constitution works with respect to federal spending and why, today, it's not working. Highlights include the recent opinion from the high court striking down Trump's tariffs and his efforts to impound congressionally authorized funds intended for universities.

In this episode we explore partisan primaries, a key factor in our highly polarized politics.

We analyze how the Constitution's power to declare war works ... and why it doesn't. Donald Trump's war with Iran charts new territory in this controversial area.

The first episode of our new podcast. We delve into several ways the constitution isn’t working the way it’s supposed to, including Trump’s efforts to nationalize elections and impose tariffs without congressional support. We also preview what's to come with the new show, including discussions with leading political thinkers and constitutional scholars. #Trump #politics #elections