About How Our Constitution Works ... And Why It Doesn’t
Exploring the US Constitution with a critical eye looking forward and back with author, lawyer, and syndicated columnist William Cooper and Pulitzer Prize-winning American legal historian Ed Larson.
Ed: law.pepperdine.edu/faculty-research/edward-larson
Will: will-cooper.com
Nina Totenberg on the Shadow Docket, Polarization, and American Civility
In this episode of How Our Constitution Works… And Why It Doesn’t, co-hosts William Cooper and Edward Larson sit down with legendary legal correspondent Nina Totenberg. The conversation dives into the structural and cultural friction points in modern American democracy, exploring how societal polarization, the collapse of public discourse, and the dramatic expansion of the Supreme Court's emergency docket—commonly known as the "shadow docket"—are reshaping the rule of law. Totenberg offers candid observations on the shift toward a 6–3 conservative majority, the historical origin of religious monuments in public spaces, and why the breakdown of civil restraint poses a direct challenge to the constitutional order.
14 Oct 2026
Minoritarian Rules: The Senate, Malapportionment, and the Electoral College
In this episode of How Our Constitution Works ... And Why It Doesn't, hosts Edward Larson and William Cooper explore the counter-majoritarian structure of the U.S. Senate, the filibuster, and how constitutional design intersects with modern governance.
Key Episode Highlights
The Framers' Context vs. Modern Reality: Co-host Edward Larson outlines how the U.S. Constitution was written for a smaller, pre-industrial nation of isolated states where most of the population lacked voting rights. He discusses how the Senate was created to protect small-state interests, making it one of the most malapportioned legislative bodies in the democratic world today.
The Filibuster Debate: William Cooper reflects on the tension between legislative efficiency and the founders' desire to prevent rapid overreach. The hosts examine how the 60-vote threshold affects lawmaking and judicial confirmations, noting how changes to filibuster rules for judicial nominees have led to more partisan Supreme Court appointments.
Institutional Gridlock and Presidential Power: Larson argues that when Senate rules prevent Congress from passing legislation, executive orders and judicial rulings expand to fill the void, undermining the rule of law.
State Identity and Candidate Character: Despite its structural flaws, Larson highlights a key strength of Senate races: because they are statewide elections, voters often focus more on candidate character and statewide issues than purely on national party lines.
2 Oct 2026
The 3-3-2-1 Court: Deciphering SCOTUS, Standing, and Executive Power with Zachary Shemtob
In this episode of How Our Constitution Works and Why It Doesn't, hosts William Cooper and Edward Larson sit down with Zachary Shemtob, executive editor of SCOTUSblog, for a deep dive into the historical origins, modern perceptions, and institutional limits of the Supreme Court. The discussion traces the evolution of the Court’s role from the Founders' original expectations to its current position, exploring why public approval has hit record lows and addressing popular narratives surrounding the Court's perceived politicization. Shemtob breaks down the current ideological dynamics among the justices—characterizing it as a "3-3-2-1" court—while analyzing the expansion of executive power, the strict enforcement of legal standing, and the debate surrounding judicial term limits.
https://www.scotusblog.com/author/zachary-shemtob/
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