With rumblings around a possible Constitutional Convention around, we have noted some similarities with those issues that surrounded the recent ERA discussions. Now we dive deeper. Can a convention be limited to one possible amendment or some small group of amendments, or is a “runaway convention” a real possibility? Can a state (this means you, California) rescind its previous vote calling for a convention? Suppose there were a convention; would it be like the Philadelphia convention? Would California be no more powerful than Wyoming in such a meeting? In fact, there are even more terrifying implications and scenarios - and we will review them for you. Meanwhile, we have a new Speaker of the House - for now - and the January 6th certification did take place without incident. But many believe the Speaker’s days may be numbered, and so our review of the history behind Speaker selections in the past remains relevant - and fascinating. That John Quincy Adams keeps showing up in the strangest places - like the presiding officer’s chair when he arguably had no business there. What’s up with that?

Amarica’s Constitution proudly celebrates four years of ambitious inquiry with a long-promised and very honored guest, former Associate Justice of the US Supreme Court, Stephen G. Breyer. Justice Breyer placed no restrictions on our questioning, and we engaged him in a frank discussion on a variety of topics related to his time on the Court, and then we switched to his current book: Reading the Constitution: Why I Chose Pragmatism, not Textualism. As you can imagine, Professor Amar has some opinions on the matter as well. The discussion ranged far, from the French essayist Montaigne to 20th century American pragmatists, as Justice Breyer’s broad range is displayed in a way few have seen. We take our time, and the Justice generously indulged, for an in-depth look at the thinking that helped shaped the bench for decades. This podcast will be available on YouTube video as well as the usual audio feeds found here; we will provide information on accessing the video in subsequent podcast episodes, as well as on our Instagram feed - check it out. CLE credit is available through podcast.njsba.com.

As the Biden Administration winds down, pressure is being applied to the President, asking him to order the National Archivist to certify the Equal Rights Amendment as part of the Constitution. Senator Gillebrand has submitted a letter, co-signed by more than 40 Senators, making arguments that harken back to the resolution that accompanied the 1972 amendment, when Congress purported to place a time limit on the amendment’s ratification. Also, some state legislatures withdrew their ratification after initially approving it, and the Senators are crying foul on this. We take a deep dive into the arguments put forth by the amendment’s implementation advocates, the history of other amendments that faced analogous issues, including the great 14th amendment, and Professor Amar’s own scholarship on the matters. Meanwhile, our 4th anniversary is approaching, and we preview the gala event - with Justice Breyer getting behind the microphone with us before you know it! CLE credit is available from podcast.njsba.com.