The War Between the States

Falsely claiming there is a wave of violence perpetrated by migrants, Trump has threatened mass deportations under the broad and terrifying powers of the Alien Enemies Act.

The United States has a strange way of electing presidents.

Election deepfakes have the potential to change people's opinions about a presidential election in ways that can be harmful to democracy and the truth itself. But what does the Constitution say about regulating these manipulated images? One place to look: Hustler Magazine.

As students go back to school, colleges and universities across the country are preparing for the continuation of protests against the Israel-Hamas war—and claims by other students that the protests are violating their own civil rights. Institutions and courts are now weighing the question: whose free speech matters more?

What’s the connection between former President Donald Trump's attacks on the so-called “Deep State" and a tiny silvery fish? The Supreme Court, of course.

We’ve got a preview of a new miniseries for you called Not Built for This, created and hosted by Emmett FitzGerald. It’s a show about climate change, but not in the way you might think. It’s about how the complex systems that govern our lives are not designed for the tectonic changes that are coming our way. Because right now we’re all living in a world that was just Not Built for This. You can find Not Built for This in the 99% Invisible feed starting August 20th on SiriusXM, Pandora, or wherever you get your podcasts.

In 1960, a man named Lawrence Robinson was sentenced to 90 days in jail for violating a California law that made it illegal to be addicted to narcotics. This summer, California Governor Gavin Newsom issued an executive order telling agencies to clear “dangerous” homeless encampments on state land. What links these two situations? The Eighth Amendment.

After an unprecedented several weeks in politics, some on the right are advancing far-fetched arguments to challenge Vice President Kamala Harris’ presidential campaign, and a federal judge in Florida threw out the classified documents case against former President Donald Trump. Neither of these are based on established constitutional precedent.

The concept of presidential immunity is not explicitly stated anywhere in the Constitution. That hasn’t stopped the Supreme Court from essentially creating what Justice Sonia Sotomayor called "a law-free zone around the President."What does this mean for the criminal cases against former President Trump? And what are the implications for the office of the presidency?Note: this episode was recorded before the assassination attempt on President Trump.

In the aftermath of the Civil War, the Disqualification Clause was adopted to ensure that former officials and soldiers in the Confederacy would be barred from serving in public office.And for the first time in 153 years, an elected official has been disqualified for future office for his role in an insurrection: a New Mexico county commissioner who marched to the Capitol on January 6, 2021.Voters have filed lawsuits against Trump, arguing that the former president’s role in inciting his followers to disrupt the election certification makes him an insurrectionist, and therefore, disqualified from becoming president again. What does all this mean for Trump and his 2024 presidential candidacy?