Keith Mack
What Trump Can Teach Us About Con Law is a podcast hosted by acclaimed podcaster Roman Mars and co-hosted by Professor Elizabeth Joh, who teaches Intro to Constitutional Law. The podcast is a fun, casual Con Law 101 class that uses the tumultuous and often erratic activities of the executive branch under Trump to educate listeners about the US Constitution. The theme song for the podcast is by Doomtree, and a Spotify playlist for songs from the podcast can be found on Roman Mars' Spotify profile.
| Characteristics | Values |
|---|---|
| Host | Roman Mars |
| Co-Host | Professor Elizabeth Joh |
| Format | Podcast |
| Content | A fun, casual Con Law 101 class |
| Frequency | Weekly |
| Basis | The tumultuous and erratic activities of the executive branch under Trump |
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What You'll Learn
Presidential immunity and when a president can be sued
The concept of presidential immunity in the United States has evolved since the nation's founding, with some aspects remaining unresolved. While the Constitution does not explicitly address presidential immunity from civil or criminal lawsuits, the Supreme Court's interpretation of Article II has shaped this privilege over time. The term "presidential immunity" can be misleading, as it does not imply absolute immunity from civil or criminal liability. Instead, it refers to the general principle that a president acting within their constitutional authority is typically shielded from lawsuits arising from those actions.
The Supreme Court has clarified that presidential immunity does not extend to unofficial conduct while in office or actions taken before assuming office. For instance, in Clinton v. Jones (1997), the Court ruled that President Bill Clinton could not claim immunity from a sexual harassment lawsuit based on his conduct before becoming president. This precedent affirms that the judiciary can hold presidents accountable for their private actions, just like any other citizen.
The issue of presidential immunity has gained increased attention in recent years, particularly during the Trump presidency. Several civil cases have been filed against former President Trump in Washington, D.C., district and appeals courts, related to his role in the January 6, 2021, violence. These cases have prompted discussions about the limits of presidential immunity and the potential for criminal charges.
While the Department of Justice maintains that a sitting president cannot be prosecuted, this stance is not derived from explicit constitutional provisions. The Constitution grants certain privileges and immunities to Congress, such as protection from arrest while en route to Congress and testimonial privilege for statements made during proceedings. However, the presidency is only afforded the salary privilege and no explicit immunity from prosecution or civil suits.
In conclusion, the concept of presidential immunity in the United States is complex and has evolved over time. While a sitting president generally enjoys immunity from civil lawsuits for actions within their constitutional authority, this immunity does not extend to all aspects of their conduct. The ongoing legal challenges involving former President Trump continue to shape our understanding of presidential immunity and the boundaries of executive power.
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Withholding federal funding as a political tool
Professor Joh noted that, before Trump took office, teaching Constitutional Law was a straightforward job. However, during Trump's presidency, she had to check Twitter before each class to see what the President had said and how it aligned with the long history of the judicial branch interpreting and ruling on the Constitution. This erratic and tumultuous activity of the executive branch under Trump provided a unique context for teaching and learning about the US Constitution.
The podcast episodes delve into specific examples of Trump's actions and their constitutional implications. For instance, Trump has threatened mass deportations under the broad powers of the Alien Enemies Act, falsely claiming that there is a wave of violence perpetrated by migrants. This raises questions about presidential immunity and the limits of executive power.
By examining these issues, the podcast provides valuable insights into how constitutional law operates in practice and how it can be used as a tool to challenge or support political agendas. It also highlights the importance of understanding the separation of powers and the checks and balances within the US government system.
"What Trump Can Teach Us About Con Law" offers a unique perspective on the intersection of politics and law, demonstrating how the actions of a sitting president can have far-reaching consequences for the interpretation and enforcement of constitutional principles.
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Election deepfakes and their impact on democracy
"What Trump Can Teach Us About Con Law" is a podcast hosted by acclaimed podcaster and creator of "99% Invisible", Roman Mars, and Professor Elizabeth Joh, who teaches Intro to Constitutional Law. The podcast was inspired by one of Professor Joh's tweets, which read, "Teaching Constitutional Law in 2017 means glancing at Twitter every five minutes before class".
The podcast explores how the Trump administration pushed constitutional limits and raised new and challenging issues. One of these issues is the impact of election deepfakes on democracy.
Deepfakes are hoax images, sounds, and videos that depict people saying or doing things that they did not actually say or do. Enabled by artificial intelligence and other advanced technologies, deepfakes have become a powerful tool for spreading disinformation. When used maliciously, they can distort reality, spread misinformation, undermine trust, and damage reputations, with serious consequences for democratic processes.
The use of deepfakes in elections can have a significant impact on public opinion and the integrity of the electoral process. For example, deepfakes can be used to manipulate public perception of a political candidate, spread misinformation about election procedures, or falsely call into question the integrity of election outcomes. This can lead to widespread cynicism about the truth and the institutions charged with upholding it, eroding the foundation of liberal democracy.
To mitigate the potential harm of deepfakes, various strategies have been proposed, including responsible platform design and moderation, legal mandates, and holding platforms accountable for the content they host. Additionally, some companies have updated their policies to require the disclosure of synthetic content in political advertisements. While these efforts are a step in the right direction, the continued emergence of deepfakes and their potential to undermine election integrity remain a cause for concern.
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The Alien Enemies Act and mass deportations
The Alien Enemies Act, enacted in 1798, grants the President of the United States the power to apprehend, restrain, secure, and remove noncitizens deemed alien enemies during times of war or perceived invasion. While historically used sparingly, with only three prior invocations during declared wars, President Trump controversially invoked this act to deport Venezuelan migrants accused of being gang members. This marked the first use of the law outside of a declared war, sparking intense debate and legal challenges.
The Alien Enemies Act was created in 1798 when the US anticipated a potential war with France. The act empowers the president to imprison and deport noncitizens during wartime without requiring a hearing. While it has been rarely used, it played a significant role during World War II, leading to the mass incarceration of approximately 120,000 people of Japanese descent, including US citizens, as well as individuals of German and Italian ancestry.
In March 2025, President Trump invoked the Alien Enemies Act to deport Venezuelans accused of being members of the Tren de Aragua gang. This marked the first time the act was used outside of a declared war, sparking criticism and legal challenges. Trump's critics argued that he was misusing a wartime law to bypass immigration protections, threatening civil liberties. Judges in New York, Colorado, and Texas ruled against Trump's use of the law in this context.
The Supreme Court, however, ruled on April 7 that Trump could use the Alien Enemies Act to deport alleged gang members, but with the crucial condition that deportees must have the opportunity to challenge their removal. This ruling prompted civil rights groups to file lawsuits to protect Venezuelans at risk of deportation under the act. The Trump administration welcomed the Supreme Court's decision, defending the president's authority to conduct foreign policy.
The potential for abuse and rights violations associated with the Alien Enemies Act is concerning. Historically, it has been used to justify shameful chapters in US history, such as the mass incarceration of individuals based on their ancestry during World War II. The act's broad powers, when combined with anti-immigration rhetoric, pose a significant risk to the civil liberties of immigrants and can be wielded against those who are lawfully present in the country.
In conclusion, the Alien Enemies Act of 1798 grants the president sweeping powers to detain and deport noncitizens during times of war or perceived "invasion." While it has been rarely used, President Trump's invocation of the act to deport Venezuelan migrants accused of gang involvement sparked controversy and legal challenges. This case study illustrates the ongoing tension between executive power and civil liberties, highlighting the importance of judicial checks and balances to protect the rights of individuals, especially in the context of immigration and national security.
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The US system of electing presidents
The election process is indirect, with voters casting ballots for electors in the Electoral College, rather than directly voting for the president. This system, outlined in the Constitution, has been criticized for not always reflecting the popular vote. The Electoral College then formally elects the president, with each state's number of electors corresponding to its representation in Congress.
During the Trump presidency, the unique characteristics of the US electoral system came under scrutiny. The Electoral College, for example, played a crucial role in Trump's victory in 2016, as he lost the popular vote but won the electoral vote. This sparked discussions about the fairness of the system and the need for reform. Additionally, the role of the Supreme Court in deciding disputed elections, as seen in the 2000 election, highlighted the complex interplay between different branches of government in the electoral process.
The podcast "What Trump Can Teach Us About Con Law" explores these complexities and more. It delves into the limits of presidential immunity, the potential for election deepfakes to influence public opinion, and the constitutionality of Trump's actions on issues like immigration and federal funding. By examining the tumultuous activities of the executive branch under Trump, the podcast provides valuable insights into the US system of electing presidents and the ongoing challenges it faces.
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Frequently asked questions
The podcast discusses how the Trump administration has pushed constitutional limits and how this relates to 200 years of the US judicial branch interpreting and ruling on the Constitution.
Professor Elizabeth Joh and Roman Mars.
Professor Joh teaches Intro to Constitutional Law. During the four years of the Trump presidency, she would check Twitter to see what the President had said and how it related to the Constitution. Roman Mars, anxious about the norms and laws being tested in the Trump era, asked Professor Joh to explain the situation from a Constitutional law perspective.
The theme song is by Doomtree and can be found on Spotify.
