Five years after January 6th, Phil and Ted ask the question nobody wants to say out loud: is the Constitution actually built to survive this, or are we finding out the hard way that it’s mostly an honor system? Turns out the document holding democracy together runs less on ironclad law than on the character of whoever’s in charge — and that should worry you.
Guest Brian Kalt is a constitutional law scholar and author of Constitutional Cliffhangers, a book that predicted this mess before it happened. He, Phil, and Ted dig into the 25th Amendment, presidential immunity, the actual limits (or lack thereof) on the pardon power, and what really stops a profiteering president who won’t leave after two terms. Spoiler: less than you’d hope.
Is the Constitution strong enough to hold, or is America just the latest stop on the world tour of democracies backsliding into autocracy? Buckle up for a deep, occasionally unnerving dive into the rules — and the loopholes — that run the highest office in the land, and what’s actually left standing between here and there.
Takeaways:
- The podcast comprehensively explores the implications of the 25th Amendment in the context of presidential incapacity and succession.
- We discuss the intricate relationship between constitutional provisions and the evolving political landscape of contemporary America.
- The episode highlights the potential for a former president to attempt a third term, challenging the legal frameworks designed to limit such occurrences.
- We delve into the ambiguity of presidential immunities, particularly in light of recent Supreme Court decisions impacting legal precedents.
- Our conversation addresses the historical context of the two-term limit and its implications for future presidencies.
- We reflect on the need for clear protocols regarding presidential succession to prevent constitutional crises.
Links referenced in this episode:
Companies mentioned in this episode:
- Trump
- Paul Krugman
- Michigan State University
- Yale Law School
- Honduran
- George Wallace
- Lurleen Wallace
Sexy Boomer Show features co-hosts Phil Proctor and Ted Bonnitt.
Phil Proctor is an accomplished humorist, author, actor, and best known as a founding member of the groundbreaking comedy group, The Firesign Theatre.
Ted Bonnitt is a writer, host, and producer of national entertainment podcasts, radio, television, and film programming, including with members of the Firesign Theatre.
Listen LIVE every Tuesday at 1p PT on Los Angeles Radio KPFK.org. and at SexyBoomerShow.com.