Daphna Renan

speaker

126 appearances 1 recordings 1 series first heard Sep 2026 last heard 4d ago

Daphna Renan’s voice in public audio — every appearance, attributed to the second.

Trend

recordings per month · last 12 months

Recordings per month over the last 12 months — 1 in all, peaking in Sep 2026 with 1.

Appearances

newest first · ▶ plays the moment

Strict Scrutiny · We Need To Talk About Judicial Review · 17 Sep 2026 podcast

Building multiracial democracy in the United States for the first time.

And and Myers, which is kind of the foundational Supreme Court case that uh that begins this uh trajectory of the unitary executive in in American uh doctrine, um, is really Chief Justice Taft re-litigating the Tenure of Office Act and saying uh I I need to do penance for the the fact that I didn't see it before.

I apologize on behalf of all Republicans.

Yeah.

So one thing that we learned is that there's a fundamental distinction that they are building.

In the early twentieth century, that has really been lost to us in in constitutional thought.

And that's the distinction between

uh horizontal and vertical review or between the power of the court

to um reject the constitutional judgment of Congress reflected in legislation, either with um support to overwhelm a presidential veto or with the support of a president signing the law, right?

So they're they're saying, look, there is no place in a democracy for uh a court's power to reject the constitutional judgment reflected in federal statutes.

But there's a vital difference, the uh the leading scholar and um labor lawyer at at at the time in the early twentieth century describes this as a horse of a different color entirely for the court to

employ federal statutes to check the states, to check states that would nullify those federal commitments.

We can't have a federal union.

We can't have a set of federal guarantees if there's not a mechanism to say states you have to comply with them even when you don't want to.

And so this distinction between horizontal and vertical review becomes crucial to progressives.

It becomes crucial to the AFL and the labor movement during this time.

It becomes crucial to suffragists involved in this.

So Bela Ratliff is a suffragist leader who says: look, all students of government understand that there's a fundamental difference between a court standing in the way of democracy by invalidating an act of Congress and the court preventing states from nullifying federal guarantees.

So this distinction between horizontal

And vertical review between a court that is standing in the way of constitutional democracy by invalidating an act of Congress, or a court that is serving constitutional democracy by enforcing acts of Congress against states is fundamental to these resistance movements and uh is a distinction that we really hope to

Showing 21–40 of 126 · page 2 of 7