Twelfth Amendment: Gaming the System

How to Build a Nation in 15 Weeks

#Don't Get #Patterson Belknap Webb & Tyler LLP #Patterson Belknap Webb #Tyler LLP #Podcasting Education

35:51

Diego Pavia and Paul Finebaum are this week’s Netflix Sports Club guests. Paul Finebaum, the voice of the SEC, drops a bold national championship prediction that might give the Big Tenners pause, and he reveals which SEC quarterback has him starstruck. Vanderbilt quarterback, Diego Pavia, gives a standout performance on and off the field in SEC Football: Any Given Saturday. He relives that improbable ‘Bama victory, including pre-game routine and why he thinks this victory changed the conversation about Vandy football - sorry Nick Saban. Paul Fineman and Diego Pavia gaze into the crystal ball of the 2025 season, and what do they see? Heisman Trophies, making Auburn pay, and LSU’s chances for glory. In this interview, Vandy QB, Diego Pavia: 🟥 Details the 2024 Vandy vs. ‘Bama Buildup 🟥 Discusses playing for Coach Lea and with his bestie 🟥 Reveals his true height In this interview, SEC Expert, Paul Finebaum answers: 🟥 Why the SEC’s staying power is unrivaled? 🟥 Who’s almost a bigger star than Taylor Swift? 🟥 Which team will win the 2025 National Championship? 00:00 Intro 01:24 Vandy QB Diego Pavia Is a Star 01:37 Beating Bama 03:19 Choosing Vandy And Coach Lea 04:58 Give Me The Ball 06:20 Dude Put In The Work 07:38 Nick Saban Said What?? 08:20 Underdogs 10:22 Watch Out Auburn 12:33 Recruits: Come To Vandy! 13:29 Kay and Dani Talk SEC 15:54 Paul Finebaum’s SEC Picks 16:40 All About Arch Manning 17:23 SEC: The Only Game In Town 18:25 South Carolina Should Be In The Playoffs 19:40 Shane Beamer Bounce Back? 20:14 Arch Manning Is No Taylor Swift 21:42 The Weight of Being a Manning 22:31 Finebaum: “Best Player Since Tim Tebow” 23:20 LSU QB1 + Championship Or Bust 25:39 Post Saban Alabama 27:42 Is Vanderbilt Legit? 28:44 Can Mississippi State Survive? 29:49 The Vols “Will Struggle This Year” 31:44 SEC: Natty. Little Tenners: Nothing 33:09 Outro 34:28 Up Next - America’s Team: The Gambler And His Cowboys 🏈 Diego Pavia Instagram - https://bit.ly/45uLND4 TikTok - http://bit.ly/4fsLY5p X - https://bit.ly/4ldwx2j 🏈 Vanderbilt Instagram - http://bit.ly/4lfo8eu X - http://bit.ly/4mCiaWt YouTube - @vucommodores 🏈 Paul Finebaum Instagram - https://bit.ly/45kVtPv X - https://bit.ly/46JQFWc 🎙️ Kay Adams Instagram - http://bit.ly/3GYp4Go TikTok - http://bit.ly/4m7KmR9 X - http://bit.ly/45nI2Ou 🎙️ Dani Klupenger Instagram - https://bit.ly/3HeGGxx TikTok - https://bit.ly/4lQSBkl X - https://bit.ly/4lWpufr 🟥 Netflix Sports Instagram - http://bit.ly/45CPAhL TikTok - http://bit.ly/4mti6Ia X - http://bit.ly/4mseqGH Facebook - http://bit.ly/45o5xqK YouTube - @NetflixSports We want to hear from you! Leave us a voice message at www.speakpipe.com/NetflixSportsClub Be sure to watch, listen, and subscribe to the Netflix Sports Club Podcast on YouTube, Spotify, Tudum, and wherever you get your podcasts. Hosted by Kay Adams, the Netflix Sports Club Podcast is an all-access deep dive into the Netflix Sports Universe. Join Kay as she speaks with athletes, coaches, and top sports correspondents to break down the latest Netflix Sports series. Expect bold opinions, insightful analysis, and candid conversations you won’t find anywhere else.…

6 years ago 1:01:34

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Article II, Section 1 is founded on accident, immediately shows signs of trouble, and implodes within 12 years. Hamilton schemes, and others counterscheme. The Federalists swap Pinckneys. The Democratic-Republicans fail to coordinate and Jefferson and Burr end up tied. Jefferson grabs a few votes, the House deadlocks, and Bayard makes a last minute deal. The Democratic-Republicans take the route of least ambition, and fix only a few out of a host of problems.

81 episodes

Twelfth Amendment: Gaming the System

How to Build a Nation in 15 Weeks

14 subscribers

published 6 years ago

MP3•Episode home

81 episodes

#Don't Get #Patterson Belknap Webb & Tyler LLP #Patterson Belknap Webb #Tyler LLP #Podcasting Education

All episodes

How to Build a Nation in 15 Weeks

1
Series Conclusion 56:10

3 years ago56:10

56:10

After four seasons, more than 70 hours, and 75 episodes, Harry and Jon share some parting thoughts on the Constitution, the problems and struggles of interpretation, the role of politics and compromise, and some constitutional near misses. Rejecting the idea of finished products, we nonetheless say goodbye for now. (Editor's Note: Harry and John, you are both most welcome and thank you for letting me a part of this.)…

How to Build a Nation in 15 Weeks

1
The Presidency: the 22nd and 25th Amendments 2:02:44

3 years ago2:02:44

2:02:44

Despite the constitutional convention’s tentative rejection of term limits, early presidents establish a custom of two terms (each for their own reasons). After a few presidents flirt with a third (nonconsecutive) term, FDR goes for four, leading Congress to make custom binding. John Tyler takes over for Harrison and starts a custom of his own, but president succession remains unsettled. A later amendment fixes some problems but leaves room for mischief. (Editors Note: The primary recorder failed for this episode and the audio came from the microphones built into the computer. I am so sorry.)…

How to Build a Nation in 15 Weeks

1
Elections: the 20th Amendment 39:05

3 years ago39:05

39:05

Poor initial planning leaves Congressional terms and Congressional sessions badly out of sync, and 130 years’ worth of long and short sessions. A dispute over shipping subsidies rebalances the sessions, but leaves a short lame duck period. Tweaks to the presidential election process solve one problem, permits Congress to solve another (if it ever gets around to it), but leave a number of issues unaddressed.…

How to Build a Nation in 15 Weeks

1
Democracy, Part 2: the 24th and 26th Amendments 55:40

3 years ago55:40

55:40

The 24th Amendment goes halfway toward removing poll taxes—one of the many historical practices used to suppress voting on the basis of race and class—before the Supreme Court expands the scope of the 14th Amendment to go all the way. Earlier voting rights successes, lowering the military draft age to 18, student organizing, and a mediocre pop song lead to a change in the Voting Rights Act, and then to the 26th Amendment.…

How to Build a Nation in 15 Weeks

1
Democracy, Part 1: the 17th, 23rd, and DC Voting Rights Amendments 1:24:37

3 years ago1:24:37

1:24:37

120 years of corruption and deadlocks finally allow reformers to achieve direct election of Senators, with the hope of a more responsive and functional Senate. (Points for trying, we suppose.) An absent-minded decision by the Federalists strips DC residents of the right to vote, and a legacy of racism leads to continued disenfranchisement. The 23rd Amendment restores the right to vote in Presidential elections, but further reforms are blocked.…

How to Build a Nation in 15 Weeks

1
The Child Labor Amendment 52:33

3 years ago52:33

52:33

Popular opinion rises against child labor, and the Supreme Court shrugs. Congress tries again, but the Court is unmoved. Congress passes an amendment, ratification stalls, we take a detour through Kansas, and questions about the ratification process are raised but not settled. Eight years of the Great Depression and court-packing threats cause a change in constitutional thinking, and the Court shifts away from property rights as the fundamental guarantees of liberty.…

How to Build a Nation in 15 Weeks

1
Prohibition: the 18th & 21st Amendments 1:20:21

3 years ago1:20:21

1:20:21

A multi-decade organizing project by the WCTU and ASL and the malapportionment of state legislatures leads to the passage of the 18th Amendment, with support from various factions. Alcohol use goes down, then doesn’t. Congress goes overboard in using criminal law to combat a public health problem, leading to backlash and repeal. The team discusses modern parallels, 21st Amendment jurisprudence, and the danger of infringing on the Forest Service’s intellectual property.…

How to Build a Nation in 15 Weeks

1
Taxation: the 16th Amendment 1:18:52

3 years ago1:18:52

1:18:52

The delegates to the Constitutional Convention create distinctions without comprehensible differences. The advocates of broad taxation join the adversaries to luxuries to tax the carriage-riding classes. Justice Paterson begins a proud tradition of opinions on taxation that are long on rhetoric and short on reason. The Gilded Age Supreme Court zigs, zags, and runs in circles, and confuses Congress to the point of a constitutional amendment. Mr. King’s ghost is still waiting.…

How to Build a Nation in 15 Weeks

1
Announcing Season 4: Remodeling 5:39

3 years ago5:39

5:39

We’re back for the final season of How to Build a Nation in 15 Weeks . Join us as we discuss events and amendments from the past 100 years that remodeled the written Constitution into what it is today, including income taxes, the rise and repeal of prohibition, the expansion of democracy through the direct election of senators, presidential voting in DC, the end of the poll tax, and the reduction in the voting age, structural changes to Congress and the Presidency, and more.…

How to Build a Nation in 15 Weeks

1
Reconstruction: Conclusion 34:36

4 years ago34:36

34:36

We discuss the decisions and events leading to the end of formal Reconstruction, culminating with the corrupt bargain ending the election of 1876 and the continuing attacks on multiracial democracy in America. We conclude by reflecting on legacy of Reconstruction era amendments, the lingering effects of historical attempts to misrepresent and erase that legacy, and the unfinished work they represent. Participants: Harry Sandick, Jon Hatch…

How to Build a Nation in 15 Weeks

1
Bonus Episode: Impeachment Redux 1:00:23

4 years ago1:00:23

1:00:23

In the wake of the second Trump impeachment, we review the Johnson, Clinton, and (first) Trump impeachments (and Nixon’s resignation), and conclude that not much is new under the sun. We also reflect on the inherently political nature of the impeachment process, and ask whether it works at all. (It doesn’t, really.) Participants: Harry Sandick, Jon Hatch, Tara Norris…

How to Build a Nation in 15 Weeks

1
Reconstruction: 19th Amendment, Part 2 40:53

4 years ago40:53

40:53

During World War I, suffragists pursue both national and state-by-state strategies. The National Women’s Party takes a more radical approach with protests and hunger strikes, and is met with violence. The Wilson administration and Congress yield after continued organizing, and the 19th Amendment is ratified. Further activism leads Congress to pass the ERA, but ratification falls three states short. Years later, three new states ratify, and the U.S. Archivist gets sued. Participants: Harry Sandick, Jon Hatch, Sofie Syed…

How to Build a Nation in 15 Weeks

1
Reconstruction: 19th Amendment, Part 1 1:00:57

4 years ago1:00:57

1:00:57

We begin our discussion of the struggle for women’s political rights in the United States with the Revolution, with a focus on the fight against coverture and slavery, and the particular challenges for Black women. The abolitionist, labor, and temperance movements provide early opportunities for organizing. The Seneca Convention presents the Declaration of Sentiments. The 15th Amendment reveals a rift in the movement between white women and women of color. Participants: Harry Sandick, Jon Hatch, Sofie Syed…

How to Build a Nation in 15 Weeks

1
Reconstruction: 15th Amendment 1:32:12

4 years ago1:32:12

1:32:12

We discuss how organizing among African-Americans, continuing violence in the former Confederacy, and a union of principle and politics in the North lead Congress to move toward universal male suffrage, two years after rejecting it. Proponents of a guaranteed right to vote debate those seeking only a ban on racial discrimination, and conflicts erupt with some supporters of female suffrage. Things get messy in Congress. The end result is both momentous and compromised. Participants: Harry Sandick, Jon Hatch…

How to Build a Nation in 15 Weeks

1
Bonus Episode: Historical Parallels 52:35

4 years ago52:35

52:35

The team convenes again to further discuss the January 6, 2021 insurrection and its echoes of the end of Reconstruction, as well as thoughts about the way forward.

How to Build a Nation in 15 Weeks

1
Reconstruction: 14th Amendment – Equal Protection Clause 1:38:49

4 years ago1:38:49

1:38:49

Ongoing mob violence spurs Congress to try to help Black Americans achieve meaningful equality. But in the 1870s, the Supreme Court limits the clause to cover only state action, despite Congress’s intentions. In the 1890s, it allows segregation by state governments. In 1964, it trades anti-subjugation for anti-classification. And in 1967, it creates qualified immunity, and then later expands it to shield almost all conduct by state law enforcement. Participants: Harry Sandick, Jon Hatch, Kevin Opoku-Gyamfi…

How to Build a Nation in 15 Weeks

1
Reconstruction: 14th Amendment – Privileges & Immunities and Due Process Clauses 56:04

4 years ago56:04

56:04

Congress draws on Article IV and the Corfield opinion to craft a new privileges and immunities clause, but the Supreme Court quickly narrows its scope to near-invisibility . Lochner era courts use the due process clause to promote economic rights but twist the Amendment’s meaning, until substantive due process is repurposed in the 1930s. Recent opinions hint at a resurrected privileges and immunities clause, but at what cost? Participants: Harry Sandick, Jon Hatch, Ian Eppler…

How to Build a Nation in 15 Weeks

1
Reconstruction: 14th Amendment – Birthright Citizenship Clause 1:24:05

5 years ago1:24:05

1:24:05

We discuss ancient and early modern doctrines regarding the inheritance of citizenship, state and federal citizenship in the early republic, and early arguments for racial equality among citizens. We return to Dred Scott ’s creation of a racial exclusion to citizenship, the Reconstruction Congress’s efforts to legislate race-neutral birthright citizenship, culminating in the 14th Amendment, and the persistence of racial and national exclusions. Participants: Harry Sandick, Jon Hatch, Tara Norris…

How to Build a Nation in 15 Weeks

1
Bonus Episode: 14th Amendment, Section 3 and Impeachment Revisited 49:59

5 years ago49:59

49:59

In light of the January 6, 2021 insurrection at the Capitol and the second impeachment of Donald Trump, the team has reconvened to further discuss the history and mechanics of Section 3 and the use of impeachment against former government officials.

How to Build a Nation in 15 Weeks

1
Reconstruction: 14th Amendment – Overview & Sections 2–4 1:21:46

5 years ago1:21:46

1:21:46

We begin our review of the 14th Amendment with the lesser-known middle clauses. Northern demographics, racism, and sexism block universal voting rights, leading to indirect support of male suffrage that is too complicated to work. Section 3 precludes officeholding by ex-Confederates but ends up interfering with the prosecution of Jefferson Davis. Section 4 upholds Union and cancels Confederate debts, and maybe means we can have a giant platinum coin. Participants: Harry Sandick, Jon Hatch, Andrew Willinger…

How to Build a Nation in 15 Weeks

1
Reconstruction: 13th Amendment 1:22:27

5 years ago1:22:27

1:22:27

We review the history of resistance by enslaved people in the United States, and how the Civil War changed things, leading to widespread self-emancipation. We then talk about the intended scope of the amendment, its passage through moral arguments, solidarity, bribery, and self-interested political calculation, and conclude by discussing how the Supreme Court has narrowed its self-executing provisions while leaving room for more expansive legislation. Participants: Harry Sandick, Jon Hatch…

How to Build a Nation in 15 Weeks

1
Prelude to Reconstruction: Harper’s Ferry through the Corwin Amendment 57:50

5 years ago57:50

57:50

John Brown leads a raid on Harper’s Ferry and becomes a martyr. The Republicans prepare for their first real shot at the presidency. The Democratic convention disintegrates, the Northern and Southern wings propose competing candidates, and the Deep South prepares for its exit. Lincoln is elected, Southern states secede, and Thomas “Wagon Boy” Corwin tries for one last compromise. The North moves toward abolition as a way to win the war. Participants: Harry Sandick, Jon Hatch, Leigh Barnwell…

How to Build a Nation in 15 Weeks

1
Prelude to Reconstruction - Fugitive Slave Act of 1850 through Dred Scott 1:19:24

5 years ago1:19:24

1:19:24

In the wake of Prigg , Congress passes its worst law. Abolitionists debate whether the Constitution is pro-slavery, anti-slavery, or neutral. For love of a railroad, Stephen Douglas blows up the Missouri Compromise, and a preview of the Civil War breaks out in Kansas. The Republican Party coalesces out of disparate opponents to the Democratic Party’s increasingly aggressive stance on slavery. The Supreme Court issues its worst decision. Participants: Harry Sandick, Jon Hatch, Leigh Barnwell…

How to Build a Nation in 15 Weeks

1
Prelude to Reconstruction: Constitutional Convention through Prigg 1:01:45

5 years ago1:01:45

1:01:45

For hundreds of years, enslaved people resist and escape. The delegates’ initial compromises in 1787 give disproportionate influence to slaveholders. Additional compromises, including the Fugitive Slave Act of 1793 and Missouri Compromise, both recognize and limit slavery. (Some) Northerners become concerned about a rising Slave Power. Prigg v. Pennsylvania endorses slavery but creates a limited space for Northern resistance. Participants: Harry Sandick, Jon Hatch, Leigh Barnwell…

How to Build a Nation in 15 Weeks

1
Announcing Season 3: Reconstruction 3:25

5 years ago3:25

3:25

We’re back, with a new season about the next era of constitutional development: Reconstruction. Join us as we discuss the 13th, 14th, 15th, and 19th Amendments and surrounding events, America’s subsequent retreat from the promises of Reconstruction, and the continuing struggles these amendments reflect. Participants: Harry Sandick, Jon Hatch…

How to Build a Nation in 15 Weeks

1
Bonus Episode: The Militia and Naval Acts 1:36:34

5 years ago1:36:34

1:36:34

We return with a “lost” episode about how early Congresses filled in details that the Constitution left open. The Militia Acts strike a delicate balance between the state and federal governments and fail utterly to create a trained militia, so Congress and the Supreme Court decide to pretend the Militia Clauses just don’t exist. Meanwhile, the Naval Act allows for traditional patronage politics to create an effective navy despite considerable challenges.…

How to Build a Nation in 15 Weeks

1
Unadopted Amendments of the 1810s: Titles of Nobility and Ill-Timed Reversals 1:11:53

6 years ago1:11:53

1:11:53

Jerry Bonaparte gets married. Congress decides it really hates titles. The Titles of Nobility Amendment is almost ratified, but falls two states short, leading to a few conspiracy theories. (Lawyers are still US citizens, we promise.) Tensions with England and France rise. New England Federalists meet in Hartford, change their minds on several issues, make an ill-timed proposal, and are never heard from again.…

How to Build a Nation in 15 Weeks

1
Early Constitutional Law Decisions: Arguments, Assets, Banks, Boats, Charters, Crimes, Debts, and Dams 1:42:34

6 years ago1:42:34

1:42:34

A debt is paid, but not to the debtor. A will is probated, but not for the heirs. An argument is skipped, despite prior arrangements. A bank is taxed, without being named. A lottery is launched, but tickets are forbidden. A charter is granted, but withdrawn by others. A vault is emptied, but the contents are returned. A ship is wrecked, but its contents resurface. A dam is broken, and a ship sails on.…

How to Build a Nation in 15 Weeks

1
Twelfth Amendment: Gaming the System 1:01:34

6 years ago1:01:34

1:01:34

How to Build a Nation in 15 Weeks

1
Eleventh Amendment: Speculators and Self-Interest 1:06:18

6 years ago1:06:18