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Learning Constitutional Law

Learning Constitutional Law

di Jennifer Miller

Stagione 1

Kicking Off Our Course

In this 3-minute podcast introduction, I share a few of my thoughts with you about this class and about the use of the podcasting tool to engage with the course material. Enjoy!

Introduction to our Course and the Constitution

For our first podcast episode, we will examine the POS 420 syllabus, the course Canvas site, and get a bit about the creation/history of the Founders and Framers and the Constitution. This episode also includes just a bit about your instructor to give you a full introduction to this podcast. Welcome to the course!

How We Understand It All... and Do We?

In this episode, we will cover the 8 methods of interpretation presented in our textbook: textual analysis, precedent, Constitutional doctrine, logical reasoning, "living Constitution", foreign law and courts, consequentialism (aka pragmatism), and originalism. We'll also get a brief 'practice' session with these methods using the Kennedy v. Bremerton School district case from 2022. Interpretation here we come!

The Methods by which the Supreme Court Operates

In Episode 4, we'll get down to the processes of selection of individuals to join the Supreme Court, the processes used to choose which cases are decided, the decision-making procedures for cases that are selected... and then how we can break those decisions down for ourselves. This episode wraps with discussion of the layman's terms assignments as well, so don't miss out on those last 5 minutes!

Power!... of the Courts That is

With our week 4 episode we begin to delve into the particulars of power, specifically the power of the courts and the Supreme Court. Most of this revolves around judicial review, but this episode will also detail the self-imposed limits that the court has implemented to limit its authority (e.g. the requirements of standing, justiciability, etc.). This episode will also walk through the first 3 examples of case briefs for Marbury v. Madison, Cooper v. Aaron, and Baker v. Carr.

Power, Part Deux! For Legislative Bodies (and mostly Congress...)

Welcome everyone to episode 6! This week, we jump into learning about the powers of Congress. We'll talk about features in Article I (like the Necessary and Proper Clause, the Speech and Debate Clause, and legislative vs. non-legislative powers) as well as those things not included in that article (like the nondelegation doctrine). As far as cases, this episode will walk through McCulloch v. Maryland, INS v. Chadha, Mistretta v. United States... and you'll also get a brief introduction to U.S. Term Limits Inc. v. Thornton and United States v. Comstock. At 50 minutes, this podcast is densely packed!

The Hot Topic of Late: Powers of the Presidency

Hello all; welcome to our episode for Week 6! This episode will get into the different types of powers of the presidency (both explicit and implied powers) including topics like vetoes, commutations/pardons, executive privilege, and presidential immunity. A lot of the cases we will encounter this week will involve a bit of a showdown between Congress and the president... with the Supreme Court as referee. It's a government power bonanza to say the least!

Administrative and Bureaucratic Power

Hello again everyone; welcome to our final episode before the midterm exam! In this episode, we will get an introduction to administrative law and the bureaucracy, also known as the "administrative state". Our emphasis in this podcast will be on understanding what administrative law is, what the bureaucracy is, the process of creating administrative law (the Administrative Procedure Act), a bit of the history and evolution of administrative law and power, and then an examination of three relevant cases (Chevron v. NRDC, Loper Bright v. Raimondo, and Garland v. Cargill). I will wrap up this podcast with some tips on the upcoming exam... but if you don't get to that part don't worry as I will repeat those in our Week 8 Midterm Episode!

Breathe In, Breathe Out... You Got This

It's here... the midterm! In this short episode, I've provided a few tips for you on how to approach the exam as well as described the policies and guidelines you need to follow for this test. I wish you all good luck on the exam!

Beyond our Border... War and Foreign Powers

Hello all! In our first week after the midterm exam, we are going to take a slightly different approach and look at different contexts in which government powers are used. First up, we will examine the areas of foreign affairs, terrorism, and war. Which entities have power and in which was on these topics? This episode will go through several cases to give a high-level overview of those powers with a particular emphasis on conflict and war. Welcome to the second half of our semester!

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