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The James Altucher Show

Unraveling the Legal Dramas: From Unprecedented Covid Shutdowns to Trump's Riveting Election Showdowns! | Jay Wexler (Author & Constitutional Law Prof.)

The James Altucher Show

James Altucher

Education, Business

4.62.7K Ratings

🗓️ 29 February 2024

⏱️ 65 minutes

🧾️ Download transcript

Summary

A Note from James: I'm confused. There are so many national and international issues being debated on constitutional grounds lately. For example, issues at the Texas border and federal versus state powers-like the case of friends versus the state of Colorado. Does a state have the right to decide who appears on the national presidential ballot?Regarding COVID-19, I'm wondering if it was constitutional to close down all the businesses. It might have been the right decision, but does it infringe on our right to life, liberty, and property without due process? I posed these questions to a renowned constitutional expert, the author of "The Odd Clauses," who is also a professor of constitutional law at Boston University, Jay Wexler. He provided insights into which recent events were constitutional and which may not have been. Here's what he had to say.Episode Description:James leads an enlightening conversation with Jay Wexler, a professor of constitutional law at Boston University and author of 'The Odd Clauses'. They explore topics ranging from state rights in decision-making, such as Texas' border policies and Colorado's stance on the national presidential ballot, to significant constitutional debates such as the power of the Supreme Court, the implications of COVID-19 business shutdowns, and the increasingly prominent discussions around freedom of speech and presidential powers. Wexler provides deep insights into each topic, shedding light on the constitutional underpinnings and contemporary interpretations that inform these critical national discussions. The discussion also touches on potential constitutional conflicts and the nuanced understanding required to navigate these issues, with particular emphasis on the importance of Constitution's adaptability over time and the ongoing debate between originalism versus evolutionary interpretation. Episode Summary:01:00 Introduction: The Constitution in the News01:46 Interview with Constitutional Expert Jay Wexler02:33 The Life of a Law Professor03:13 Challenges of Teaching in the Digital Age04:49 Constitutional Battles in Recent Years06:16 The Power of the Supreme Court07:00 The Intricacies of Marbury v. Madison08:34 The Role of the Supreme Court in the Executive Branch11:38 The Texas Border Issue and Constitutional Merit24:46 The Power of States in Deciding Presidential Candidates33:18 Understanding the Qualifications for Presidential Candidates36:06 Exploring the Impact of COVID-19 on Businesses and Constitutional Rights37:34 The Lochner Era and its Influence on Business Regulations40:20 Religious Rights and Restrictions during the COVID-19 Pandemic44:22 The Controversial Topic of State Secession51:31 The Intricacies of Freedom of Speech and its Boundaries54:51 The Power and Limitations of Presidential Executive Orders01:05:51 The Unusual Third Amendment and its Interpretation ------------What do YOU think of the show? Head to JamesAltucherShow.com/listeners and fill out a short survey that will help us better tailor the podcast to our audience!Are you interested in getting direct answers from James about your question on a podcast? Go to JamesAltucherShow.com/AskAltucher and send in your questions to be answered on the air!------------Visit Notepd.com to read our idea lists & sign up to create your own!My new book, Skip the Line, is out! Make sure you get a copy wherever books are sold!Join the You Should Run for President 2.0 Facebook Group, where we discuss why you should run for President.I write about all my podcasts! Check out the full post and learn what I learned at jamesaltuchershow.com------------Thank you so much for listening! If you like this episode, please rate, review, and subscribe to "The James Altucher Show" wherever you get your podcasts: Apple PodcastsiHeart RadioSpotifyFollow me on social media:YouTubeTwitterFacebookLinkedIn See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Transcript

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0:00.0

I am so confused. I have never seen so many important national even world issues debated over their

0:17.4

constitutional merit like the Constitution is like starting to be in

0:21.5

the news like take the Texas border fed versus the states

0:24.4

take Colorado does the state have the right to decide who's on the national

0:28.2

presidential ballot and on on COVID was it constitutional to close down all the businesses.

0:33.8

Might have been the correct decision, but I'm just curious.

0:36.6

Does it get in the way of our ability to have life, liberty, and property unless due process shuts us down.

0:46.2

So I asked a world famous constitutional expert.

0:49.8

He's the author of the book The Odd Clauses about many of the oddest clauses in the Constitution.

0:55.2

He's a professor of Boston University teaching constitutional law.

0:59.1

Jay Wexler, I get to ask him questions and he tells me which of these recent events were

1:06.3

constitutional and which might not have been so here it is.

1:11.1

This isn't your average business podcast and he's not your average host.

1:19.2

This is the James Alt your show. So Jay, I have a bunch of questions about the Constitution as related to current events because I feel like more than I've ever seen in the past 24 years, 25 years, I'm thinking like Gore Bush that election.

1:46.7

I haven't seen so many constitutional battles like on the front page of the news,

1:52.8

as I am these past few weeks and few years.

1:56.9

Yeah, I think that's probably right.

2:00.2

I mean, it's a combination of a president who doesn't follow any of the former

2:08.0

president who doesn't follow norms and so it gives rise to these issues that you know constitutional law

2:15.7

professors for example have been like thinking about but never thought would

2:20.4

actually occur and that and so it's a combination of that, I think, plus a new Supreme Court that is

2:29.7

willing to change its view on lots of things.

...

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