What Trump Can Teach Us About Con Law
- Episodes
- 101
- Released
- every two weeks
- Latest episode
- Oct 22, 2026
About the podcast
Professor Elizabeth Joh teaches Intro to Constitutional Law and most of the time this is a pretty straight forward job. But when Trump came into office, everything changed. During the four years of the Trump presidency, Professor Joh would check Twitter five minutes before each class to find out what the 45th President had said and how it jibes with 200 years of the judicial branch interpreting and ruling on the Constitution. Acclaimed podcaster Roman Mars (99% Invisible) was so anxious about all the norms and laws being tested in the Trump era that he asked his neighbor, Elizabeth, to explain what was going on in the world from a Constitutional law perspective. Even after Trump left office, there is still so much for Roman to learn. What Trump Can Teach Us About Con Law is a weekly, fun, casual Con Law 101 class that uses the tumultuous activities of the executive, legislative, and judicial branches to teach us all about the US Constitution. All music for the show comes from Doomtree, an independent hip-hop collective and record label based in Minneapolis, Minnesota.
Episodes 101
Midterms Mayhem
For our 100th episode, how the Supreme Court's interpretation of what an undocumented immigrant looks like could impact voting during the midterms. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com …
Show notes
For our 100th episode, how the Supreme Court's interpretation of what an undocumented immigrant looks like could impact voting during the midterms.
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A Certain Dangerous Engine
The connection between a booby-trapped garden in Regency England and artificial intelligence. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of …
Show notes
The connection between a booby-trapped garden in Regency England and artificial intelligence.
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Nonmailable Matter
The twists and turns of Americans’ ability to vote by mail in the 2026 midterms. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for …
Show notes
The twists and turns of Americans’ ability to vote by mail in the 2026 midterms.
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Who Gets To Sue
How many of you have been personally victimized by President Trump’s tacky ballroom? Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data …
Show notes
How many of you have been personally victimized by President Trump’s tacky ballroom?
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Do You Know How Your Phone Works?
A massive victory for privacy advocates in the Supreme Court hinged on what the justices say a user “reasonably expects” to be their own, personal data. Hosted by Simplecast, an AdsWizz company. See …
Show notes
A massive victory for privacy advocates in the Supreme Court hinged on what the justices say a user “reasonably expects” to be their own, personal data.
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Constitutional Explosive Diarrhea
A Supreme Court decision about the administrative state went under the radar, but its implications have the potential to touch almost every aspect of modern life. Hosted by Simplecast, an AdsWizz company. See …
Show notes
A Supreme Court decision about the administrative state went under the radar, but its implications have the potential to touch almost every aspect of modern life.
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Shop Class and Sports Teams
In a decision filled with hypotheticals, the Supreme Court has ruled it is constitutional to bar transgender girls and women from playing on school sports teams that match their gender identity. Hosted by …
Show notes
In a decision filled with hypotheticals, the Supreme Court has ruled it is constitutional to bar transgender girls and women from playing on school sports teams that match their gender identity.
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Who Gets To Be a Citizen?
The Supreme Court narrowly upheld birthright citizenship in the 5-4 decision of Trump v. Barbara. But the debate over who is granted citizenship — and who can be stripped of it — is far from over. Hosted by …
Show notes
The Supreme Court narrowly upheld birthright citizenship in the 5-4 decision of Trump v. Barbara. But the debate over who is granted citizenship — and who can be stripped of it — is far from over.
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Cracking and Packing
Gerrymandering has long been part of American politics. But as the conservative majority on the Supreme Court has gutted the Voting Rights Act, states are getting more extreme with their redistricting. Hosted …
Show notes
Gerrymandering has long been part of American politics. But as the conservative majority on the Supreme Court has gutted the Voting Rights Act, states are getting more extreme with their redistricting.
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What Is a War?
The Trump administration’s attacks on Venezuelan boats defy even the broadest interpretation of the president's war powers. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about …
Show notes
The Trump administration’s attacks on Venezuelan boats defy even the broadest interpretation of the president's war powers.
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Smoot, Hawley, and Trump
A Senate fight over Lady Chatterley’s Lover paved the way for Trump’s sweeping tariffs. Now the Supreme Court will decide if presidents can use emergency powers to sidestep Congress on trade. Hosted by …
Show notes
A Senate fight over Lady Chatterley’s Lover paved the way for Trump’s sweeping tariffs. Now the Supreme Court will decide if presidents can use emergency powers to sidestep Congress on trade.
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Bad Faith President
The United States generally does not allow a standing army to be used against civilians. But Trump has been exploiting an exception to keep troops in Los Angeles to protect ICE agents, with terrifying …
Show notes
The United States generally does not allow a standing army to be used against civilians. But Trump has been exploiting an exception to keep troops in Los Angeles to protect ICE agents, with terrifying implications.
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The Return of Con Law
We heard you. The chorus of voices asking “where is Con Law? Where is Professor Elizabeth Joh to guide us through this madness? We need it now more than ever!” Well, here it is. We’re back with a special …
Show notes
We heard you. The chorus of voices asking “where is Con Law? Where is Professor Elizabeth Joh to guide us through this madness? We need it now more than ever!” Well, here it is. We’re back with a special extra-long episode about Trump’s perverted use of the Alien Enemies Act to deport people without due process and how judges are trying to hold the administration accountable to the Constitution.
Plus, we announce the launch of The 99% Invisible Breakdown: The Constitution, where Elizabeth and Roman will tackle a different section of this 7600-word document each month, treating the Constitution as a text to be analyzed.
The second half of each Breakdown episode will be an installment of What Trump Can Teach Us About Con Law. That portion will continue to be available here, in this feed.
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Election Lawsuits
No matter what happens on Election Day, Trump and his allies have already put legal challenges in motion. Here’s what a nerdy agency, hanging chads, and zombie lawsuits can tell us about how all this could play …
Show notes
No matter what happens on Election Day, Trump and his allies have already put legal challenges in motion. Here’s what a nerdy agency, hanging chads, and zombie lawsuits can tell us about how all this could play out.
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Enemy Aliens
Falsely claiming there is a wave of violence perpetrated by migrants, Trump has threatened mass deportations under the broad and terrifying powers of the Alien Enemies Act. Hosted by Simplecast, an AdsWizz …
Show notes
Falsely claiming there is a wave of violence perpetrated by migrants, Trump has threatened mass deportations under the broad and terrifying powers of the Alien Enemies Act.
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Faithless Electors and Wrong Winners
The United States has a strange way of electing presidents. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Deepfakes and Lying Liars
Election deepfakes have the potential to change people's opinions about a presidential election in ways that can be harmful to democracy and the truth itself. But what does the Constitution say about regulating …
Show notes
Election deepfakes have the potential to change people's opinions about a presidential election in ways that can be harmful to democracy and the truth itself. But what does the Constitution say about regulating these manipulated images? One place to look: Hustler Magazine.
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Whose Speech, Whose Campus
As students go back to school, colleges and universities across the country are preparing for the continuation of protests against the Israel-Hamas war—and claims by other students that the protests are …
Show notes
As students go back to school, colleges and universities across the country are preparing for the continuation of protests against the Israel-Hamas war—and claims by other students that the protests are violating their own civil rights. Institutions and courts are now weighing the question: whose free speech matters more?
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Fishy Deep State
What’s the connection between former President Donald Trump's attacks on the so-called “Deep State" and a tiny silvery fish? The Supreme Court, of course. Hosted by Simplecast, an AdsWizz company. See …
Show notes
What’s the connection between former President Donald Trump's attacks on the so-called “Deep State" and a tiny silvery fish? The Supreme Court, of course.
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Cruel and Unusual
In 1960, a man named Lawrence Robinson was sentenced to 90 days in jail for violating a California law that made it illegal to be addicted to narcotics. This summer, California Governor Gavin Newsom issued an …
Show notes
In 1960, a man named Lawrence Robinson was sentenced to 90 days in jail for violating a California law that made it illegal to be addicted to narcotics. This summer, California Governor Gavin Newsom issued an executive order telling agencies to clear “dangerous” homeless encampments on state land. What links these two situations? The Eighth Amendment.
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Farfetched Arguments
After an unprecedented several weeks in politics, some on the right are advancing far-fetched arguments to challenge Vice President Kamala Harris’ presidential campaign, and a federal judge in Florida threw out …
Show notes
After an unprecedented several weeks in politics, some on the right are advancing far-fetched arguments to challenge Vice President Kamala Harris’ presidential campaign, and a federal judge in Florida threw out the classified documents case against former President Donald Trump.
Neither of these are based on established constitutional precedent.
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Law-Free Zone
The concept of presidential immunity is not explicitly stated anywhere in the Constitution. That hasn’t stopped the Supreme Court from essentially creating what Justice Sonia Sotomayor called "a law-free zone …
Show notes
The concept of presidential immunity is not explicitly stated anywhere in the Constitution. That hasn’t stopped the Supreme Court from essentially creating what Justice Sonia Sotomayor called "a law-free zone around the President."
What does this mean for the criminal cases against former President Trump? And what are the implications for the office of the presidency?
Note: this episode was recorded before the assassination attempt on President Trump.
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The Disqualification Clause
In the aftermath of the Civil War, the Disqualification Clause was adopted to ensure that former officials and soldiers in the Confederacy would be barred from serving in public office.And for the first time in …
Show notes
In the aftermath of the Civil War, the Disqualification Clause was adopted to ensure that former officials and soldiers in the Confederacy would be barred from serving in public office.
And for the first time in 153 years, an elected official has been disqualified for future office for his role in an insurrection: a New Mexico county commissioner who marched to the Capitol on January 6, 2021.
Voters have filed lawsuits against Trump, arguing that the former president’s role in inciting his followers to disrupt the election certification makes him an insurrectionist, and therefore, disqualified from becoming president again. What does all this mean for Trump and his 2024 presidential candidacy?
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Gag
Gag orders are usually put in place to protect a defendant's right to a fair trial by limiting inflammatory statements. What happens when it's the defendant making the inflammatory statements and that defendant …
Show notes
Gag orders are usually put in place to protect a defendant's right to a fair trial by limiting inflammatory statements. What happens when it's the defendant making the inflammatory statements and that defendant is a current candidate and former President of the United States?
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Margarine, Meadows, and Removal
On August 14, Fulton County District Attorney Fani Willis announced that the grand jury had returned a criminal indictment against Trump and eighteen other defendants for what they did in the days and weeks …
Show notes
On August 14, Fulton County District Attorney Fani Willis announced that the grand jury had returned a criminal indictment against Trump and eighteen other defendants for what they did in the days and weeks after the 2020 election. The story told by the indictment is that this group were part of a criminal enterprise that worked towards one singular goal: overturn the 2020 presidential election results in Georgia.
One of the people indicted is former White House Chief of Staff Mark Meadows. He is trying to get his case tried in federal court instead of Georgia state court.
In his petition, Meadows cites a 1899 case about margarine. Yes, margarine.
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Comstock Zombies
19th century "zombie" laws are shambling into the abortion debate. The Comstock Act of 1873 made it illegal to send “obscene, lewd or lascivious,” “immoral,” or “indecent” material through the mail. Does that …
Show notes
19th century "zombie" laws are shambling into the abortion debate. The Comstock Act of 1873 made it illegal to send “obscene, lewd or lascivious,” “immoral,” or “indecent” material through the mail. Does that include abortion pills?
Comstock Zombies
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On the Eve of Trump's Arraignment
On April 4th (that’s tomorrow as I record this) former President Trump is expected to be arraigned in a Manhattan court room. He was indicted by a New York grand jury last week but the exact charges against him …
Show notes
On April 4th (that’s tomorrow as I record this) former President Trump is expected to be arraigned in a Manhattan court room. He was indicted by a New York grand jury last week but the exact charges against him remain unknown until he appears in court. On Thursday last week, Elizabeth Joh and I recorded an episode all about the Manhattan District Attorney’s investigation into Trump’s alleged hush money payments and the New York grand jury deliberations. About an hour after we finished that recording, the grand jury indictment was announced. All the reporting so far has indicated that the charges and circumstances around the alleged crimes conform to everything we discussed on March 30th last week, so I thought releasing this was still valuable even though it’s a developing story.
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Lies, George Santos, and the 1st Amendment
New York's 3rd Congressional District elected a newcomer named George Santos in November of 2022. Since the election, it was revealed that Santos lied about nearly everything on his resume. What does the …
Show notes
New York's 3rd Congressional District elected a newcomer named George Santos in November of 2022. Since the election, it was revealed that Santos lied about nearly everything on his resume. What does the Constitution say about lies, punishing lies, and punishing someone who lies to get elected? Time to find out!
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Weddings, Websites, and Forced Speech
It’s been established law that it is wrong for businesses to discriminate against customers because of their race or ethnic background, but what if a business owner refuses to serve someone because of their …
Show notes
It’s been established law that it is wrong for businesses to discriminate against customers because of their race or ethnic background, but what if a business owner refuses to serve someone because of their sexual orientation? And what if that business owner asserts that serving a gay customer violates their first amendment rights?
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The War Between the States
How the Dormant Commerce Clause tries to stop states from passing laws that put an undue burden on interstate commerce and what that means for states that wish to forward specific ethical agendas. Plus, what's …
Show notes
How the Dormant Commerce Clause tries to stop states from passing laws that put an undue burden on interstate commerce and what that means for states that wish to forward specific ethical agendas. Plus, what's going on with student debt relief: who filed a lawsuit against it and why.
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These are the latest 100 of 101 episodes. You’ll find older episodes in the podcast’s feed.
