The Real Steal, Part 2 - Special Guest Vikram D. Amar

Amarica's Constitution

This episode presents Part 2 of our series on the grave threat that “Independent State Legislature” theory presents to the Republic, and why it is completely, irrefutably wrong. We welcome Dean Vikram Amar, who co-authored with Akhil their current article, about to be published in Supreme Court Review, which is already widely cited in the media and in forthcoming articles by other scholars. This article attempts to put to rest ISL theory by showing how it is wrong from every conceivable angle of analysis. We take up that analysis, beginning with the text, history, and structure of the Constitution, and then through an ingenious analysis of actual practice. We have been saying that this issue is coming, and by all accounts, it’s here.