rationally BASED

Center of the American Experiment

Welcome to rationally BASED, a podcast about law and politics, on the edge. Law professor Ilan Wurman, with co-hosts Kathryn Johnson and Grace Keating, cover cutting-edge, and edgy, legal and political news, ideas, and developments. 

  1. 10시간 전

    Episode 11 | Executive & Judicial Lawmaking

    Our hosts, law professor Ilan Wurman and Kathryn Johnson, explore a series of issues involving both executive and judicial "lawmaking." Would the President have the power to "wipe out" Iranian civilization without Congress? Can the President on his own initiative order the postal service to deliver only certain kinds of election-related materials to advance his election integrity agenda? Can the President order the destruction of an entire wing of the White House pursuant to a statute authorizing the making of "alterations" and "improvements"? Our hosts discuss the Constitution's distribution of power between Congress and the President more generally before turning to the threat district courts currently pose with their judicial lawmaking. Do judges have a right to stop the building of the new ballroom? Who even has "standing" to bring such a suit? And why are district courts exercising jurisdiction over immigration decisions where Congress's statute specifically divests courts of jurisdiction? Finally our hosts talk about the First Amendment and the 8-1 decision in Chiles v. Salazar, which invalidated a crazy Colorado law prohibiting talk therapists from discouraging gender transitions.  Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED! Subscribe to our Substack! New Podcast Episodes every Thursday morning, find us on Spotify, Apple Podcasts, or on YouTube! Follow us on social media on Instagram, X, Facebook, and TikTok!

    1시간 7분
  2. 3월 26일

    Episode 9 | Birthright Citizenship: The Deep Dive

    Our hosts, law professor Ilan Wurman and Kathryn Johnson, finally take their promised deep dive into the birthright citizenship case that the Supreme Court will hear next week. Ilan recently testified in Congress on the issue, and has a lot to get off his chest. He and Kathryn discuss Peter Schweizer's testimony about Saipan, an island north of Guam for which there is statutory birthright citizenship and lax visa rules for Chinese citizens. Schweizer estimates that upwards of hundreds of thousands of children might have been born in Saipan to Chinese parents who would now be American citizens if the conventional wisdom prevails. They talk about legislative solutions to problems that might occur if the Supreme Court rules in favor of the Trump Administration, including using Congress's naturalization power. They observe how the Democrats had mostly emotional arguments at the hearing. Ilan talks about his argument: how at common law, the test was not birth alone, but rather birth to parents under the sovereign's protection. He explains how consent was a precondition to protection, and protection was necessary to jurisdiction. Ilan talks about his disagreement with Chuck Cooper, who thinks Wong Kim Ark was wrongly decided. Our hosts then talk about the government's argument about temporary sojourners, and whether we're allowed to cite as evidence sources written by people in the past who held racist views. They talk about some amicus briefs, including Akhil Amar's "under the flag" brief, which obscures more than it helps. Finally, they talk about Adrian Vermeule's post in the New Digest, arguing that the nature of republics and general principles of jurisprudence answer the question at hand better than originalism can.  Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED! Subscribe to our Substack! New Podcast Episodes every Thursday morning, find us on Spotify, Apple Podcasts, or on YouTube! Follow us on social media on Instagram, X, Facebook, and TikTok! Show Notes/Resources: Listen to Ilan's opening remarks at the Senate Judiciary Committee hearing. Ilan's Amicus Brief to the Supreme Court. The Invisible Coup by Peter Schweizer. National security amicus brief by Joshua Steinman. Akhil Amar's amicus brief. Adrian Vermeule on birthright citizenship and originalism.

    1시간 18분
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최고 5점
79개의 평가

소개

Welcome to rationally BASED, a podcast about law and politics, on the edge. Law professor Ilan Wurman, with co-hosts Kathryn Johnson and Grace Keating, cover cutting-edge, and edgy, legal and political news, ideas, and developments. 

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