In this episode, Garrett Epps speaks with Victoria Nourse and Peter Shane to break down the claims of "originalism" and show how this flawed legal theory, as applied to the executive branch, has pushed our system to the brink of dictatorship.
Legal arguments on constitutional issues are dominated, more and more, by the claims of “originalist” jurisprudence. The term, originated by the conservative legal movement during the Reagan years, means a philosophy under which the constitution means only what it was “originally understood” to mean when the document was ratified in the late 18th Century. “Originalist” judges claim that historical records and legal dictionaries can tell us exactly what the framing generation meant by phrases like “due process of law.”
But, as our guests discuss, the triumph of “originalism” hides a commitment to a conservative, indeed authoritarian, philosophy of judging. The “originalist” result almost always turns out to be exactly the policy that the 21st Century Right is seeking to force on the country.
Episode Host: Garrett Epps, ACS Board of Directors, and The Washington Monthly
Episode Guests: Victoria Nourse, Georgetown Law | Peter Shane, ACS Board of Directors and the Ohio State University Moritz College of Law
Link: Victoria Nourse's article "Reclaiming the Constitutional Text from Originalism"
Email the Show: Podcast@ACSLaw.org
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The New York Times recently published breaking news about how former President Trump's DOJ seized computer and phone records of democratic lawmakers and their staff. We talk with Andy Wright about why this revelation is so concerning and what should happen to reassert the separation of powers. This is part of Broken Law's "Rapid Response" series.
Duration: 39:00
Episode Host: Jeanne Hruska, ACS Senior Advisor for Communications and Strategy
Episode Guest: Andy Wright of Just Security | Follow Andy on Social Media (@AndyMcCanse): Twitter, Instagram
Link: Hunting Leaks, Trump Officials Focused on Democrats in Congress
Visit the Podcast Website: Broken Law Podcast
Email the Show: Podcast@ACSLaw.org
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
Follow Your Show Hosts on Twitter: Russ Feingold (@RussFeingold) | Jeanne Hruska (@Jeanne_Hruska)
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This episode explores the death penalty’s future in America. In its final months, the Trump administration carried out an unprecedent execution spree. Meanwhile, the country elected Joe Biden, the first president in U.S. history to publicly oppose the death penalty. Twenty-three states have abolished the death penalty. But as it becomes less common, a handful of states are considering firing squads, gas chambers, and other egregious methods to continue executions. What will be the fate of the death penalty in this country? And what role can President Biden play in its abolition? Christopher Wright Durocher interviews Alexis Hoag, Assistant Professor of Law at Brooklyn Law School, and Laura Porter, executive director of the 8th Amendment Project, to answer these and other pressing questions about capital punishment in America.
Duration: 41:00
Episode Host: Christopher Wright Durocher, ACS Senior Director of Policy and Program
Episode Guests: Laura Porter of the 8th Amendment Project and Alexis Hoag of the Brooklyn Law School
Link: ACS Death Penalty Resources
Visit the Podcast Website: Broken Law Podcast
Email the Show: Podcast@ACSLaw.org
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
Follow Your Show Hosts on Twitter: Russ Feingold (@RussFeingold) | Jeanne Hruska (@Jeanne_Hruska)
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ACS President Russ Feingold talks with Congressman James E. Clyburn about the state of our democracy. They delve into the impact of Citizens United v. FCC and Shelby County v. Holder on our elections, as well as how we improve the credibility of our judiciary and whether to reform the Senate filibuster.
Duration: 24:56
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Joined by ACS President Russ Feingold and Executive Vice President Zinelle October, we discuss the origin of the American Constitution Society (ACS), its work over the past twenty years, and the goals of the progressive legal movement. We cover a wide range of issues from the need for diversity on the courts, to the federal death penalty, and even the case for reforming the Senate filibuster. Listen in...
Duration: 32:00
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Ever feel like the law is stacked against you? It probably is. Broken Law speaks truth to power in discussing how our laws and legal system serve the few at the expense of the many. This is where law meets real life. Hosted by the staff of the American Constitution Society, we reckon with the origins of our legal system, interview people on the frontlines of the progressive legal movement, and chat about necessary legal reforms to restore our democratic legitimacy and improve the lives of all people.
Duration:00:01:39
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