Gavin Howe
Acclaimed podcaster Roman Mars, the host and creator of 99% Invisible, was anxious about the norms and laws being tested during the Trump era. He asked his neighbour, Professor Elizabeth Joh, to explain what was going on from a constitutional law perspective. This conversation sparked the idea for the podcast 'What Roman Mars Can Learn About Con Law', a fun and casual weekly class that uses the tumultuous activities of the executive, legislative and judicial branches to teach listeners about the US Constitution.
| Characteristics | Values |
|---|---|
| Host | Roman Mars |
| Professor | Elizabeth Joh |
| Format | Weekly, fun, casual Con Law 101 class |
| Content | US Constitution, norms and laws tested in the Trump era |
| Music | Doomtree, an independent hip-hop collective from Minneapolis, Minnesota |
| Availability | Spotify, Apple Podcasts, Global Player, Simplecast, Podtrac, Rephonic, Livewire, Truefans, CastFeedValidator, Simplecast, RSS feed |
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What You'll Learn
The US Constitution and the executive branch
The US Constitution establishes the Executive Branch of the federal government. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President of the United States. The President is the Commander-in-Chief of the Army, Navy, and Militia of the US, and of the several States when called into actual service. The President has the power to grant reprieves and pardons for offences against the US, except in cases of impeachment.
The President has the authority to enforce laws and appoint agents charged with the duty of enforcement. The President also has distinct authority over foreign affairs and is the sole representative of the nation. The President has the power to make treaties, appoint ambassadors, and nominate and appoint public ministers, consuls, and judges of the Supreme Court.
The President is required to take an oath to "preserve, protect and defend the Constitution of the United States". The President must be a natural-born citizen, at least 35 years old, and have been a resident within the US for 14 years.
The Executive Branch also includes executive departments, independent agencies, and other boards, commissions, and committees. The President nominates the heads of federal agencies and high court appointees, and the Congress confirms or rejects these nominees. The President also has the power to veto legislation created by Congress.
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The legislative branch and the judicial branch
During the Trump presidency, the dynamic between these two branches became particularly interesting, as Professor Elizabeth Joh's podcast with Roman Mars, "What Roman Mars Can Learn About Con Law", explores. One example is the discussion around the President's power to fire an executive branch employee. While the President may have the constitutional authority to do so, there can still be political and legal consequences. This highlights the interplay between the executive and judicial branches, where the courts can act as a check on the executive's power.
Another instance where the judicial branch plays a crucial role is in the context of election challenges. After the 2020 presidential election, Trump and his allies filed multiple lawsuits disputing the results. The courts, through their interpretation of the law and the Constitution, became a critical arbiter in this situation.
The judicial branch also interprets the First Amendment, which guarantees the right to free speech and public dissent. During the Trump era, the Supreme Court's varying stances on this right took centre stage as Trump tweeted his opposition to certain forms of dissent, such as "taking a knee". This prompted a discussion on the historical treatment of this right by the Court.
The legislative branch, through its law-making power, also has a significant impact on the country. For example, the Civil Rights Act of 1964, passed by Congress, prohibited businesses from denying services based on race, sex, religion, or nationality. This legislative action had a profound effect on civil rights in the US.
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Constitutional law and criminal procedure
Professor Elizabeth Joh teaches Intro to Constitutional Law at the University of California, Davis, School of Law. During the four years of the Trump presidency, Professor Joh would check Twitter five minutes before each class to find out what the President had said and how it compared with 200 years of the judicial branch interpreting and ruling on the Constitution. Acclaimed podcaster Roman Mars was anxious about the norms and laws being tested in the Trump era and asked Professor Joh, his neighbour, to explain what was happening from a Constitutional law perspective.
Their conversations formed the basis of the podcast 'What Roman Mars Can Learn About Con Law', a weekly, fun, casual Con Law 101 class that uses the tumultuous activities of the executive, legislative, and judicial branches under Trump to teach listeners about the US Constitution.
In one episode, Roman Mars and Professor Joh explore the question of whether the Constitution allows the prosecution of a President. They also discuss the Alien Enemies Act, under which Trump threatened mass deportations, falsely claiming there was a wave of violence perpetrated by migrants.
In another episode, they discuss the recent mass shootings and a New York gun-carrying permit case awaiting a decision from the Supreme Court, which calls for an examination of the current interpretation of the Second Amendment.
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The Alien Enemies Act and presidential power
The Alien Enemies Act (AEA) is a federal law that grants the president wartime powers to deport non-US citizens of enemy countries from the United States. The law has been invoked only three times in history: during the War of 1812, World War I, and World War II. In the context of these wars, the AEA was used as a basis for detaining, expelling, and imposing restrictions on German, Austro-Hungarian, Japanese, and Italian immigrants based solely on their ancestry. The AEA can be invoked by the president in times of "declared war" or when facing an "invasion" or "predatory incursion" against US territory.
The AEA has been a source of controversy due to its potential for abuse and its conflict with constitutional guarantees of equal protection and due process. The law raises concerns under US laws implementing the 1967 Refugee Protocol and the Convention Against Torture. It also challenges the constitutional separation of powers, as it grants significant discretion to the president during wartime.
In 2025, President Donald Trump invoked the AEA, citing a Venezuelan transnational terrorist organization as a threat to national security. This led to concerns about mass deportations and the administration's refusal to comply with court orders, highlighting a dangerous overreach of presidential power. Federal Judge James E. Boasberg barred the Trump administration from deporting individuals under the AEA, but the administration continued to take actions in defiance of the court order.
The Supreme Court later vacated Judge Boasberg's order on procedural grounds, allowing the administration to continue deportations under the condition that those facing deportation were given due process. However, the Court did not rule on the propriety of the administration's use of the AEA, and subsequent rulings by judges across the country blocked further deportations under the Act.
The case demonstrates the complex interplay between presidential power and judicial review under the AEA. While the AEA grants the president significant authority in times of war, the judicial branch plays a critical role in interpreting and enforcing the law, ensuring checks and balances in the system.
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The Second Amendment and gun control
The Second Amendment of the US Constitution has been a topic of debate for many years, with the issue of gun control being at the forefront of American political discourse. The Second Amendment protects the right of the people to keep and bear arms, but the interpretation of this right has been contested.
In recent years, mass shootings have brought the issue of gun control to the forefront of political discussions. While the Second Amendment protects the right to bear arms, there is a growing movement advocating for stricter gun control laws to help prevent gun violence. This has led to a debate between those who argue for a strict interpretation of the Second Amendment and those who support more restrictive gun control measures.
The Heller decision in 2008 was a landmark ruling that significantly shaped the modern understanding of the Second Amendment. The Supreme Court ruled that the Second Amendment protects an individual's right to possess a firearm, unconnected to service in a militia. This decision was based on interpreting the intentions of lawmakers from hundreds of years ago, which is a challenging task.
The New York gun-carrying permit case, which is currently awaiting a decision from the Supreme Court, has the potential to further impact the interpretation of the Second Amendment. The outcome of this case may provide additional clarity on the scope of gun rights and shape future gun control policies.
As the nation continues to grapple with the issue of gun violence, the discussion surrounding the Second Amendment and gun control remains complex and multifaceted. Striking a balance between upholding constitutional rights and implementing effective gun control measures is a challenging task that requires careful consideration and ongoing dialogue.
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Frequently asked questions
It is a weekly podcast that teaches listeners about the US Constitution by examining the tumultuous activities of the executive, legislative, and judicial branches under Trump.
The podcast is hosted by acclaimed podcaster Roman Mars, who is also the host and creator of 99% Invisible. It also features Professor Elizabeth Joh, who teaches Intro to Constitutional Law and has provided commentary for the New York Times, Los Angeles Times, and Slate.
The podcast covers a range of topics related to Constitutional Law and current events, including the Alien Enemies Act, election deepfakes, defamation and the press, and the interpretation of the Second Amendment.
