Bedrock Con Law 101
Divided Argument
Will Baude & Dan Epps
4.8 • 766 Ratings
🗓️ 29 August 2025
⏱️ 67 minutes
🧾️ Download transcript
Summary
Transcript
Click on a timestamp to play from that location
| 0:00.0 | Oh, yay. Oh, yay. Oh, yay. The judicial power of the United States shall be vested in one Supreme Court. |
| 0:08.1 | Unless there is any more question to be able to find an argument in this case. |
| 0:10.9 | All persons having business before the Honorable, the Supreme Court of the United States, are in honorous to give their attention. |
| 0:20.1 | Welcome to Divided Argument, an unscheduled, unpredictable, |
| 0:23.4 | Supreme Court podcast. I'm Dan Apps. |
| 0:25.6 | And I'm well-vode. |
| 0:27.5 | So, Will, there's been a few things going on in Supreme Court shadow docket world, |
| 0:32.9 | and we're going to talk about zero of them today, because as we sometimes do during the dog days of August, |
| 0:40.5 | we're going to have a change of pace, and we're going to do one of our book episodes. |
| 0:45.5 | So we are joined today by Professor Richard Primus of the University of Michigan Law School, |
| 0:50.9 | who is going to talk with us about his new book, the oldest constitutional |
| 0:55.3 | question, enumeration, and federal power. So this is a really, really fascinating book of constitutional |
| 1:01.1 | history and theory. So Richard, you know, maybe we could just kick it off by having you tell our |
| 1:07.0 | listeners the basic gist of what the book is about, and then Will and I can |
| 1:10.9 | better run some questions. Sure. And thanks to both of you for having me. I really like the podcast, |
| 1:16.6 | and it's delightful to be here with you guys. So this book is about one of the core ideas of |
| 1:25.0 | constitutional law, which is the idea that the federal government is a government |
| 1:29.2 | of enumerated powers, right? Anyone who has taken an intro class in constitutional law has been taught |
| 1:34.7 | this principle. If you walk into a cocktail party full of constitutional lawyers and say, well, |
| 1:40.9 | the federal government is a government of enumerated powers. Everyone will sort of nod their |
| 1:44.4 | heads along, right? What the proposition means is that Congress faces a different default rule |
| 1:52.8 | in legislation than the default rule that state legislatures face, right? A state legislature, |
... |
Please login to see the full transcript.
Disclaimer: The podcast and artwork embedded on this page are from Will Baude & Dan Epps, and are the property of its owner and not affiliated with or endorsed by Tapesearch.
Generated transcripts are the property of Will Baude & Dan Epps and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.
Copyright © Tapesearch 2026.

