Daphna Renan
speaker
126 appearances
1 recordings
1 series
first heard Sep 2026
last heard 5d ago
Daphna Renan’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 1 in all, peaking in Sep 2026 with 1.
Appearances
Um, and they're kinda pushing Marshall, Thurgood Marshall on this point.
And he says it's the Klan Act.
It's a statute from eighteen seventy one.
He calls it by a different name 'cause it was uh codified in a different part of the US code at the time.
Today we know it is section nineteen eighty three.
But uh but he says this is where
You court get your power.
That's our PowerPoint.
He says it's not just your authority, it's your responsibility to implement this statute and to make equal protection meaningful in the states.
And scholars who have written about Brown have described this as a moment where Marshall chokes in the argument.
He he forgets that he should be talking about the 14th Amendment.
But but our argument is no, like he's putting on the table.
table this theory of democratic constitutionalism.
He's saying, look, you have a federal statute that is telling you court enforce the the guarantee of equal protection against the states.
And it's that that vision of democratic constitutionalism
That um that Brown really instantiates and it's I think a a misunderstanding of Brown as dependent on judicial supremacy that is very much at the crux of why there is such a commitment to judicial supremacy on the left.
one thing that's just important is a kind of
building block is that the Constitution explicitly empowers Congress to regulate the Supreme Court and to regulate the appellate authority of the Supreme Court to create and regulate the the lower courts.
And the
Congress has used that power from the beginning.
Showing 61–80 of 126 · page 4 of 7
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