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Roman Mars

Professor Elizabeth Joh teaches Intro to Constitutional Law and most of the time this is a pretty straight forward job. But when Trump came into office, everything changed. During the four years of the Trump presidency, Professor Joh would check Twitter five minutes before each class to find out what the 45th President had said and how it jibes with 200 years of the judicial branch interpreting and ruling on the Constitution. Acclaimed podcaster Roman Mars (99% Invisible) was so anxious about all the norms and laws being tested in the Trump era that he asked his neighbor, Elizabeth, to explain what was going on in the world from a Constitutional law perspective. Even after Trump left office, there is still so much for Roman to learn. What Trump Can Teach Us About Con Law is a weekly, fun, casual Con Law 101 class that uses the tumultuous activities of the executive, legislative, and judicial branches to teach us all about the US Constitution.

All music for the show comes from Doomtree, an independent hip-hop collective and record label based in Minneapolis, Minnesota.

What Roman Mars Can Learn About Con Law

How many of you have been personally victimized by President Trump’s tacky ballroom?

 
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Who Gets To Sue

A massive victory for privacy advocates in the Supreme Court hinged on what the justices say a user “reasonably expects” to be their own, personal data.

 
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Do You Know How Your Phone Works?

A Supreme Court decision about the administrative state went under the radar, but its implications have the potential to touch almost every aspect of modern life.

 
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Constitutional Explosive Diarrhea

In a decision filled with hypotheticals, the Supreme Court has ruled it is constitutional to bar transgender girls and women from playing on school sports teams that match their gender identity.

 
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Shop Class and Sports Teams

The Supreme Court narrowly upheld birthright citizenship in the 5-4 decision of Trump v. Barbara. But the debate over who is granted citizenship — and who can be stripped of it — is far from over.

 
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Who Gets To Be a Citizen?

Gerrymandering has long been part of American politics. But as the conservative majority on the Supreme Court has gutted the Voting Rights Act, states are getting more extreme with their redistricting.

 
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Cracking and Packing

The Trump administration’s attacks on Venezuelan boats defy even the broadest interpretation of the president's war powers.

 
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What Is a War?

A Senate fight over Lady Chatterley’s Lover paved the way for Trump’s sweeping tariffs. Now the Supreme Court will decide if presidents can use emergency powers to sidestep Congress on trade.

 
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Smoot, Hawley, and Trump

The United States generally does not allow a standing army to be used against civilians. But Trump has been exploiting an exception to keep troops in Los Angeles to protect ICE agents, with terrifying implications.

Bad Faith President

 
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Bad Faith President

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.

 
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The Return of Con Law

The Constitution says that a “person holding any office of profit or trust” cannot accept gifts from any foreign state. In Article II, it also says the president specifically cannot accept gifts from “United States, or any of them.” If Trump businesses profit from a foreign or domestic state, is that a violation of either one of the emolument clauses? It’s hard to say, because there is literally no case law when it comes the emoluments clause. None!

 
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The Emoluments Clauses

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