HeyJaredSupreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America
Sitting in their marble palace, dressed in their black robes, Supreme Court Justices would like us to believe that they are wise and disinterested oracles dispensing words of truth and justice. Nothing could be further from the truth.
- Indexed episodes, last 90 days
- 2
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- Jul 29, 2026
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- Jul 7, 2026
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Slaughtering the Administrative State (opens the original)
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Using the Court’s decision allowing the President to remove members of independent agencies from their offices we range rather widely—into a discussion of departmentalism, the strategic problems facing democrats after they expel autocrats from office, and the choice between restoring the pre-Trump administrative state and reconstructing a new administrative state with a new balance among expertise, political control, and direct popular participation in decision-making in a response to some sensi
Religion, Federalism, and the Boundary Problem (opens the original)
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We use a recent decision by the Fifth Circuit upholding a Texas statute requiring the display of the Ten Commandments in public school classrooms as a jumping off point to discuss not only the religion clauses but a much more general problem of constitutional theory, which we frame as a problem of federalism but actually ranges much more broadly: What body of people gets to make decisions that govern “themselves”? City councils, state legislatures, Congress? Mark proposes a partial solution in w
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