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Burkeanism and the Administrative State

12/16/2025 • 81 min

As an early Christmas present for David French, Sarah Isgur invites professors Will Baude and Julian Davis Mortenson on the podcast to answer all questions about originalism. But first, should an IQ test determine whether someone will be sentenced to death? The Agenda:—Listener emails—United States v. Ham—SCOTUS’ approach to executive power—Burkeanism and the a… Play episode

The Illusion of Campaign Finance Reform
Slaughter at SCOTUS: Reaganite Ends by Roosevelt Means
All About Slaughter
‘Kill Everybody’
The Future of the Administrative State | Interview: Adam White
Case Against Comey Dismissed
The Dissent Heard Around the World
Did Congress Stretch the Commerce Clause Too Far? | Interview: Jonathan Ka…
Everyone Needs to Stay in Their Lane
The Federalist Society Takes a Stand
Supreme Court Hears Oral Argument in Trump’s Tariff Case
Trump’s Tariff Showdown
All About Substantive Due Process
Firing Squad vs. Suffocation
Bad Man Smokes Weed Doctrine
Euphemisms, Political Speech, and the First Amendment
Vindictive Prosecutions
The Future of Free Speech
Conversion Therapy and Free Speech
SCOTUS Long Conference and 'Insecure Originalists'
BONUS | Judge Patrick Bumatay Interviews Justice Amy Coney Barrett
The Supreme Court’s Upcoming Term
Selective Prosecutions
Dorm Room Originalism
The Fall of Affirmative Action | Interview: Justin Driver
The Oldest Constitutional Question | Interview: Richard Primus
Superhighways of Foreign Influence
Congress Won’t Contradict Trump
Listening to a Justice | Interview: Justice Amy Coney Barrett
Free Speech and ‘The Executive Power’ | FIRE Crossover
When Flag Burning Becomes a Crime | Interview: Sanford and Cynthia Levinson
Political Retribution? | Interview: Saikrishna Prakash
Are Age Verification Laws Constitutional?
Federalizing D.C. | Live From the Alaska Federal Bar Association
Hookers and Kushners | Interview: Chris Christie
Abraham Lincoln, Originalist | Interview: Akhil Amar
Drive-By Rulings | Interview: J. Joel Alicea
Getting Into Law School | Interview: Miriam Ingber and Kristi Jobson
Guns, Gays, and Birthright Citizenship
Will Ghislaine Maxwell Split the Circuits?
Separation Anxiety: Courts and Congress
Signing Away Constitutionality
An Inconsequential Term?
Educating the Youth
Blockbuster Cases
State Power vs. Parental Rights
SCOTUS 2025 Term Debrief
Justice Kagan’s Supreme Court
SCOTUS Sides with Trump

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