Amicus With Dahlia Lithwick | Law, justice, and the courts - The Specter of Korematsu
Amicus With Dahlia Lithwick | Law, justice, and the courts
Slate Audio
4.6 • 3.4K Ratings
🗓️ 30 November 2016
⏱️ 32 minutes
🧾️ Download transcript
Summary
Just a few weeks into the era of President-elect Donald Trump, and already there is a lot of bruising around the edges of the Constitution. The past few weeks have brought talk of Muslim registries, jail time for flag burners, restrictions on voting and the sweet mystery of the Emoluments Clause. This week, we sit down with U.S. Senator Chris Coons to discuss how much of this talk we should take seriously, and where the true threats to Americans’ constitutional protections lie.
We also speak with Neal Katyal, former Acting Solicitor General of the United States, about the 1944 Supreme Court decision that upheld the internment of Japanese-Americans. In 2011, Katyal issued an official apology for the role of one of his predecessors in that case. Korematsu v United Stateshas been in the news again recently, after one Trump surrogate cited it as a “precedent” for a possible Trump Administration program that would require the registration of immigrants from a handful of predominantly Muslim countries.
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Transcript
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| 0:00.0 | Hi, and welcome to Amicus Slate Supreme Court podcast. I'm Dahlia Lithwick, and I cover the courts for Slate. |
| 0:13.0 | Just a few weeks into the era of President-elect Donald Trump, and already there is a lot of bruising around the edges of the United States Constitution. |
| 0:21.8 | The past few weeks have brought talks of Muslim registries, jail time for flag burners, |
| 0:26.7 | restrictions on voting, and the sweet mystery of the emoluments clause. |
| 0:31.0 | That's the part of the Constitution you've never heard of that prohibits elected officials |
| 0:35.1 | from making a profit from foreign leaders. |
| 0:38.4 | We're recording today's episode on Tuesday, and we're doing everything we can to get it to |
| 0:42.9 | you by Wednesday before the constitutional warning sirens start to wail again about something |
| 0:48.1 | else. Now, a little later on in the show, we'll hear from former acting solicitor general |
| 0:52.8 | Neil Cartial about that idea of creating a national registry for Muslims here in the U.S. |
| 0:57.9 | But first, we take you to Capitol Hill, where this week we heard from Senate Judiciary Chairman Chuck Grassley that he plans to hold confirmation hearings for Jeff Sessions before Trump is inaugurated in January. |
| 1:09.6 | Sessions is Trump's pick for the Attorney General |
| 1:11.9 | and a current member of the very same body that will now judge whether he is fit for the job |
| 1:17.2 | of the nation's highest law enforcement officer. Joining us now is Senator Chris Coons, |
| 1:22.9 | the junior senator from Delaware and a member of the Senate Judiciary Committee. Welcome to |
| 1:27.4 | Amicus Senator Coons. |
| 1:29.0 | Thank you. It's great to be on with you. I appreciate the chance. So I think the first thing |
| 1:33.3 | I want to ask about is something we've talked about a lot on this show in the past few weeks, which is the sort of |
| 1:38.8 | slow erosion of constitutional norms and ideas and values in the Trump era or in the early Trump era. And I'm speaking to you only a few hours after President |
| 1:52.1 | elect Trump tweeted that flag burners should just be stripped of their citizenship and they should be jailed. |
| 1:58.7 | And you and I know that the Supreme Court has already said that that's absolutely unconstitutional on both fronts. Both we protect flag burning as protected speech and also we don't strip folks of their citizenship. So I'm wondering, Senator, if you could talk a little bit about how worried one wants to be about these errant tweets when they go to cherished constitutional |
| 2:19.5 | values? Well, I think if President Trump wants to be an effective leader for our country, |
... |
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