This episode presents Part 2 of our series on the grave threat that “Independent State Legislature” theory presents to the Republic, and why it is completely, irrefutably wrong. We welcome Dean Vikram Amar, who co-authored with Akhil their current article, about to be published in Supreme Court Review, which is already widely cited in the media and in forthcoming articles by other scholars. This article attempts to put to rest ISL theory by showing how it is wrong from every conceivable angle of analysis. We take up that analysis, beginning with the text, history, and structure of the Constitution, and then through an ingenious analysis of actual practice. We have been saying that this issue is coming, and by all accounts, it’s here.
Sense and Nonsense on Immunity
Don't Touch but Do Convict
Crime Means Punishment
Immunity Therapy
No Standing Any Time
History Will Judge
Dissenting in Concurrence
What the Concurrences Should Have Said
Happy Anniversary Mr. Lincoln from the Court
Staking our Claim
What the Oral Argument Should Have Said - Part 2
What the Oral Argument Should Have Said
20 Questions on Section 3 and Insurrection #1 - Special Guest Ted Widmer
A Self-Educating Gaffe
The Amicus Brief - Part Two
Friends of the Court - The Brief
Section Three Goes to Washington
Section Three Punditry: The Good, The Bad, and The Silly
The World Turns to Section Three
Juries, Jarkesy, and a Joke
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