A law professor recently included a thought experiment on a constitutional law exam: suppose Lincoln had survived the assassin’s bullet, and later wound up facing articles of impeachment for some of his actions during the war. This is obviously a useful exercise, since many people feel an emotional connection to Lincoln and his cause, but this is precisely what law school is supposed to be about: can you suspend such thoughts and think entirely about the law? Well, guess how one critic characterized the exam. You already know the language used to condemn it. Brion McClanahan and I review the accusations against this professor, and the extremely valuable and thought-provoking questions on his exam.
“Federalist Society Law Prof Uses ConLaw Exam To Troll The Libs,” by Elie Mystal
Selected Books by the Guest
How Alexander Hamilton Screwed Up America
9 Presidents Who Screwed Up America
The Founding Fathers Guide to the Constitution
Ep. 1003 Alexander Hamilton and the Awful Judges Who Carried on His Legacy
Ep. 942 Alexander Hamilton, Worse Than You Thought: Hidden History with Brion McClanahan
Ep. 915 Southern Monuments Removed, Others Under Attack (Larry Beane & Brion McClanahan)
Ep. 786 Why the Electoral College Is Great, and No One Should Even Think About Abolishing It (Brion McClanahan & Kevin Gutzman)
Ep. 678 Trump and History: Were 1896 or 1848 Like 2016?
Ep. 591 Presidents Who Screwed Up America
Ep. 583 Would Constitutional Amendments Do Any Good?
Ep. 187 Forgotten Conservatives and Libertarians
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Audio by Chris Williams Audio.