With Trump's Crimes, SCOTUS's Illegitimacy, and Congress's Surrender - It's Time for a Constitutional Do-Over
Justice Matters with Glenn Kirschner
Crossover Media Group
4.9 • 2.9K Ratings
🗓️ 4 February 2026
⏱️ 40 minutes
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Summary
So friends, can I ask you a question? Does it feel like it might be time to start talking about a constitutional do-over?
We have a corrupt and criminal president who feels completely unconstrained by the United States Constitution. As but one example: he has abused the constitutional pardon power beyond anybody's wildest imagination.
We have a majority on the Supreme Court that feels completely unconstrained by the expressed language of the Constitution. As but one example, the Constitution provides that the president shall take care that the laws of the nation be faithfully executed. Yet the Supreme Court - a majority of the justices - interpreted that very language, that solemn duty to take care that the laws be faithfully executed, as indicating that a president has complete leeway to violate all the laws of our nation, victimizing wide swaths of the American population, and he has complete immunity from prosecution
Then we have Congress - one political party that has just laid down and let a tyrant in the oval office walk all over them - completely abandoning their status as a coequal branch of government.
So let me ask you again friends: do you think it's time we talked about a constitutional do-over? Well, that's what I just talked about with my friend, law professor, and constitutional scholar Kim Wehle. Kim authored a great new piece - you can find it on Substack appropriately titled, "Is it time to start thinking about a constitutional do-over". And given that our Constitution is plainly not up to the task of governing in these dangerous and lawless times, I think the answer to that question is not just yes but hell yes!
Link to Kim's piece: https://open.substack.com/pub/kimwehl...
Find Glenn on Substack: glennkirschner.substack.com
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Transcript
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| 0:00.0 | It's time for Justice Matters with former federal prosecutor and legal analyst Glenn Kirshner. |
| 0:15.7 | Today, Glenn talks with law professor and legal scholar Kim Whaley about the ways we can plug the fascist holes in our Constitution. |
| 0:25.1 | This is Justice Matters. |
| 0:29.4 | Here's what you've been missing on the Stephanie Miller Happy Hour podcast. |
| 0:34.4 | Telling women to smile more part of his president. |
| 0:36.2 | When they talk about child rape, you're being fairly unpleasant. When they talk about child rape. Yeah. |
| 0:37.6 | You're being fairly unpleasant when you're talking about child rape. Oh, Stephanie, you're being so unpleasant right now. I just, I, first of all, the whole Hillary and Conlo were right about everything part. Yeah. So we were already mad enough. And now, and first of all, what did he say in there? And so they came out and I'm not in there. |
| 0:55.2 | What do you say? |
| 0:55.7 | I'm not in there at all or not. |
| 0:57.2 | Something like that. And first of all, what did he say in there? And I'm, so they came out and I'm not in there. |
| 0:55.2 | What do you say? |
| 0:55.8 | I'm not in there at all or I'm not. Something like that. Something lie, lie, lie. There's nothing about me in there. Oh, I see if you don't count the 58,000. Oh, my God. Okay. And then once again, what are we most pissed about? No other reporters stand up for her. |
| 1:11.5 | Like in the quiet piggy one. |
| 1:13.5 | What the actual, what are we most pissed about? No one other reporters stand up for her. |
| 1:11.4 | Like in the quiet piggy one. |
| 1:13.2 | What the actual, what is wrong with our media? |
| 1:17.5 | Subscribe to the Stephanie Miller Happy Hour podcast on Apple Podcasts, Stephanie Miller.com, or wherever you get your favorite podcasts. |
| 1:24.6 | Music where you get your favorite podcasts. |
| 1:36.5 | So friends, can I ask you a question? |
| 1:50.6 | Does it feel like it might be time to start talking about a constitutional do-over. We have a corrupt and criminal president who feels completely unconstrained by the United States Constitution. As but one example, he has abused |
| 2:00.5 | the constitutional pardon power beyond anybody's wildest imagination. |
| 2:06.9 | We have a majority on the Supreme Court that feels completely unconstrained by the express |
... |
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