Farfetched Arguments

We heard you. The chorus of voices asking “where is Con Law? Where is Professor Elizabeth Joh to guide us through this madness? We need it now more than ever!” Well, here it is. We’re back with a special extra-long episode about Trump’s perverted use of the Alien Enemies Act to deport people without due process and how judges are trying to hold the administration accountable to the Constitution.Plus, we announce the launch of The 99% Invisible Breakdown: The Constitution, where Elizabeth and Roman will tackle a different section of this 7600-word document each month, treating the Constitution as a text to be analyzed.The second half of each Breakdown episode will be an installment of What Trump Can Teach Us About Con Law. That portion will continue to be available here, in this feed.

No matter what happens on Election Day, Trump and his allies have already put legal challenges in motion. Here’s what a nerdy agency, hanging chads, and zombie lawsuits can tell us about how all this could play out.

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.