Episode 6: Productive Thoughtlessness
Joe, Christian, loyal dog Darcy, a fire, some coffee, and melting snow. We kick back and talk about stuff that has been on our minds. This leads to three very different topics. First: we disagree...
View ArticleEpisode 35: Multitudes
We discuss the common law and originalism with law, literature, and history scholar Bernadette Meyler. Some of today’s most intense constitutional controversies revolve around the proper sources of...
View ArticleEpisode 93: Driveby
We respond to accumulated listener feedback in one unedited take. This show’s links: This space intentionally left blank. No links this week.
View ArticleEpisode 113: The Entrails of Fowl
Is originalism required by our law? We chat with Charles Barzun about his critique of the inclusive originalists, the new movement to claim that an originalist interpretive method is not only a good...
View ArticleEpisode 116: Co-Authorial Privilege
We’ve been asking for a true originalist to take us to the woodshed for all our prior doubts and dismissiveness of originalism as a method of interpretation. Enter Will Baude. This show’s links:...
View ArticleEpisode 153: Shall Be Reduced
Constitutional and election law expert Franita Tolson joins us to talk about a little-known section of one of the most well-known parts of the Constitution. The Fourteenth Amendment grants rights...
View ArticleEpisode 168: Galaxy-Sized Diamond
Do you believe that once upon a time, before the rise of the administrative state, our legislature mainly legislated, our executive just carried out laws, and judges resolved individual disputes?...
View ArticleEpisode 173: Faithful Execution
The Constitution requires the President to "take Care that the Laws be faithfully executed." Phrases like "faithful execution" are hardly unique to the constitutional setting. Rather, they have long...
View ArticleEpisode 192: Precisification
At long last, we discuss originalism with one of its foremost proponents, Lawrence Solum. In this conversation, we focus on Larry's recent effort to identify what constitutes originalism as a category...
View ArticleEpisode 208: Competition Corner
We discuss a proposal by Sen. Hawley to abolish, more or less, the Federal Trade Commission, the agency that administers consumer protection and antitrust laws, and place its responsibilities in the...
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