The Appointments Clause and Removal Power

The Appointments Clause and Removal Power

Author: Roman Mars June 16, 2017 Duration: 16:50
The US Constitution has a clause that describes how the president can hire certain political appointees with the advice and consent of the Senate. It doesn’t say when the president can fire someone. We take a look at recent Trump firings and put them in context of Supreme Court cases where the court both upheld and denied the president’s right to fire an executive branch employee. Even if a president has the constitutional power to fire someone, it doesn’t mean there aren’t political and legal consequences of the action.

Roman Mars hosts What Trump Can Teach Us About Con Law, a series that uses the unprecedented events of a single presidency as a live case study in American government. The core of the podcast comes from constitutional law professor Elizabeth Joh, who found her usual curriculum upended during those four years. Instead of relying solely on settled historical cases, she began scrambling to reconcile the latest presidential tweet or statement with centuries of judicial precedent minutes before walking into her classroom. Each episode digs into one of those real-time constitutional puzzles-questions about pardons, emoluments, executive orders, and presidential power that moved from theoretical to urgently practical. Listening feels like auditing a dynamic, topical seminar where complex legal concepts are unpacked through the lens of recent history. You’ll hear how the foundational document is stretched, tested, and interpreted not in the abstract, but through the actions of the 45th president. This isn’t about politics; it’s about the machinery of the constitution itself, examined at a moment when it was under extraordinary public scrutiny. The podcast makes the often-opaque world of constitutional law accessible and immediately relevant, showing how its principles are constantly being defined by the present.
Author: Language: English Episodes: 93

What Trump Can Teach Us About Con Law
Podcast Episodes
Cruel and Unusual [not-audio_url] [/not-audio_url]

Duration: 34:19
What does it mean for punishment to be cruel and unusual?
Farfetched Arguments [not-audio_url] [/not-audio_url]

Duration: 26:41
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 class…
Law-Free Zone [not-audio_url] [/not-audio_url]

Duration: 37:58
The concept of presidential immunity is not explicitly stated anywhere in the Constitution. That hasn’t stopped the Supreme Court from essentially creating a law-free zone around the President.
The Disqualification Clause [not-audio_url] [/not-audio_url]

Duration: 33:31
Does the 14th Amendment's Disqualification Clause apply to Trump?
Gag [not-audio_url] [/not-audio_url]

Duration: 31:47
Why do courts issue gag orders and when do they conflict with the First Amendment?
Comstock Zombies [not-audio_url] [/not-audio_url]

Duration: 30:26
19th century "zombie" laws are shambling into the abortion debate
On the Eve of Trump's Arraignment [not-audio_url] [/not-audio_url]

Duration: 26:50
The presumed criminal charges against former President Trump and role of the New York Grand Jury