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How to Build a Nation in 15 Weeks

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Posts
Bibliography - Seasons 1 & 2
Bibliography - Season 3

Week 16, Part 2: Get the People to Sign Off

The Constitution goes public, and Congress sends it to the states for consideration. Adams and Jefferson react, and confirm that the delegates probably should have added a Bill of Rights. The Federalists and Anti-Federalists square off. The states ratify and create...
September 20, 2018

Week 16, Part 1: Look for Unanimity, if You Can Find It

A little-known clerk inscribes the parchment we all know. Franklin urges unanimity in supporting the Constitution and proposes a convenient form of signing, but Randolph, Gerry, and Mason aren’t impressed. Washington speaks up for a more representative House, and a final...
September 18, 2018

Week 15, Part 2: Don’t Forget a Bill of Rights

Mason seeks a few hours to add a Bill of Rights. The delegates reject the idea, but regret it later. Everyone ends up with a different understanding of the commerce clause. The delegates have a raucous party at the City...
September 13, 2018

Week 15, Part 1: Leave the Door Open for Change

Gerry worries about weakening the role of the states in the amendment process; Hamilton wants to leave them out altogether. Wilson declares it worse than folly for Congress to have a say in ratification. The Committee of Style offers a...
September 11, 2018

Week 14, Part 2: Find Something for the Vice President to Do

The delegates debate the duties of the Vice President, where he belongs, and if he’s even necessary. Particular powers of the executive are considered, and the delegates fleetingly revisit impeachment. Mason resurrects the Privy Council to advise on appointments, but King kills...
September 6, 2018

Week 14, Part 1: Don’t Elect a Minion or a Monster

The delegates discuss the limits of ineligibility. Madison has a change of heart regarding general welfare. The delegates introduce the Vice President (finally). Morris methodically defends the electoral college, Rutledge tries to stall, and Gerry makes things needlessly complicated (again). Wilson...
September 4, 2018

Week 13, Part 2: Fill in the Blanks

The delegates debate the addition of new states to the union. Connecticut sticks up for Vermont, Wilson freaks out, and Martin gets in some good zingers. The delegates decide how many states should be required for ratification after some complex proposals. Morris...
August 30, 2018

Week 13, Part 1: Don’t Go Back on Your Word

The delegates return to the pardon power. Sherman proposes federalizing state militias. Dickinson tries to expand judicial impeachment. Pinckney protects religious liberty. Randolph loses his cool. The delegates debate supermajority requirements for laws regulating commerce after some Southern delegates walk away from their promises....
August 28, 2018

Week 12, Part 2: Don’t Defer Critical Issues for Two Decades

Luther Martin rails against slavery, and Georgia and South Carolina rail back. An awful compromise is reached based on some unexpected alliances. Mason advocates for sumptuary laws, but the other delegates decide that the law of necessity is enough. The...
August 23, 2018

Week 12, Part 1: Good Rules Shouldn’t Go Without Saying

Pinckney proposes incorporating individual rights, but the delegates don’t have much interest. Treason is narrowly defined by the Convention. The delegates debate ex post facto laws, and Wilson assumes a bit too much. The delegates revisit the issue of slavery,...
August 21, 2018

Week 11, Part 2: Fight about Fighting

The delegates worry about insurrection, but dispute when the national government can step in. Gerry tries to limit the size of standing armies. Washington gets sarcastic. The Convention gives Congress the exclusive power to “declare” war, but gives the President...
August 16, 2018

Week 11, Part 1: Wrap Up Some Loose Ends (and Create a Few More)

The delegates narrowly decide against relaxing citizenship requirements. The Convention debates the Senate’s ability to alter spending bills. Dickinson urges experience as the only guide, as “reason may mislead us,” Madison notes some ambiguities, and Randolph and Rutledge worry about...
August 14, 2018

Bonus Episode: Interview with Professor Mary Bilder

In this bonus episode, we had the pleasure of speaking with Professor Mary Bilder, the author of Madison’s Hand: Revising the Constitutional Convention, a detailed study of Madison’s Notes of the Constitutional Convention. We discussed the nature of legislative diaries...
August 13, 2018

Week 10, Part 2: Don’t Forget Who Got You This Far

Morris tries to save the country from aristocracy through aristocracy.  Pinckney takes things too far on behalf of the 1%. Conflicting principles and pragmatic concerns prevent the adoption of property restrictions. The delegates debate citizenship requirements, disregarding the feelings of...
August 9, 2018

Week 10, Part 1: Always Sweat the Details

The delegates gradually return from recess, though New Jersey takes its time crossing the river. The Committee of Detail takes some liberties in drafting. The draft constitution is distributed, and Maryland receives it poorly. Madison fears too many congressmen. The...
August 7, 2018

Week 9, Part 2: Get It in Writing

The delegates brainstorm ever-wilder methods for selecting the executive, but end up back where they started. Franklin argues that leaving public office is a promotion, and gets sassed by Morris. Mason proposes property qualifications for elected officials, but Madison stands...
July 26, 2018

Week 9, Part 1: Don’t Choose Your President with a Game Show

New Hampshire finally shows up, without a per diem. The delegates debate the process for ratification and whether state legislatures can be trusted to do anything right. Nathaniel Gorham asks what will happen if Rhode Island won’t play along. Everyone...
July 24, 2018

Week 8, Part 2: When in Doubt, Keep it Vague

The delegates revisit the Executive Power. The Judicial Branch finally comes up again and the delegates debate how to pick judges. Nathaniel Gorham proposes that the Executive pick judges with the Senate’s “advice and consent,” though nobody really knows what...
July 19, 2018

Week 8, Part 1: Compromise! (If You Can’t Beat Them, Join Them)

The delegates finally compromise on representation when the large states throw in the towel. Roger Sherman tries to protect state police powers. The delegates reject a veto of state legislation but unanimously support making federal laws supreme. The Patterson team...
July 17, 2018

Week 7, Part 2: Call Things By Their True Names

Debate continues on whether and how to account for enslaved people in determining representation in the legislature.  The North-South divide widens.  The delegates tie representation to taxation and approve the three-fifths ratio for both.  The delegates try to semantically conceal...
July 12, 2018

Week 7, Part 1: Confront the Paradox at Your Nation’s Core (Or Don’t)

The delegates debate how to apportion representation in the lower house. The Morris Committee proposes an allocation based on guesswork. The King Committee proposes an alternative based on counting three-fifths of enslaved people. The delegates debate whether and how to factor enslaved people...
July 10, 2018

Week 6, Part 2: Don’t Underestimate the Power of a Mid-Week Vacation

The delegates celebrate Independence Day. Gerry presents the committee’s proposal to the Convention with diffidence. A subcommittee is formed to address the calculation of proportional representation. The Patterson team ponders the Spirit of ’76, the benefits of some time off, and the...
July 5, 2018

Week 6, Part 1: If All Else Fails, Try a Committee

Delegates start to flee the Convention. Hamilton and Washington get pessimistic. The delegates deadlock over proportional versus equal state representation. Connecticut renews its proposal. The Gerry Committee tackles the question of legislative representation after being stacked with small-state friendly delegates. The Patterson team...
July 3, 2018

Bonus Episode: Interview with Professor Joshua Matz

On this special bonus episode, we had the pleasure of interviewing Joshua Matz, author with Professor Laurence Tribe of the excellent new book To End a Presidency: The Power of Impeachment. Joshua discussed with us what we can learn from the...
July 2, 2018

Week 5, Part 2: Maybe Say a Prayer?

The delegates debate whether Senators should be paid. South Carolina argues for rule by the wealthy. The delegates agree on six-year Senate terms. Ben Franklin suggests the convention seek divine inspiration. The Patterson team considers how much democracy is too...
June 28, 2018

Week 5, Part 1: Don't Mortify The Other Delegates

Luther Martin delivers a two-day speech with much diffuseness. Madison argues the small states have nothing to fear.  Connecticut proposes a compromise. The mood amongst the delegates continues to deteriorate. Madison accuses Connecticut of failing to support to war effort....
June 26, 2018

Week 4, Part 2: Try to Keep Your Cool When Your Plan Falls Apart

The convention falls into chaos.  Madison’s judgment slips, and he makes not-so-veiled threats against small states.  Additional delegates try to push their own extreme visions.  Connecticut tries to restore peace. 
June 21, 2018

Week 4, Part 1: Read the Room

Hamilton finally speaks up, keeps speaking straight through lunch, damages his reputation, and is otherwise ignored.  The benefits and perils of an elective monarchy and legislature.  The Patterson team revisits the utility of the electoral college, muses about Old Bacon...
June 19, 2018

Week 3: Don’t Push Your Plan Too Far

The Large States and Deep South support one another. Gerry takes on the three-fifths compromise. New Jersey stalls for time and introduces an alternative plan for a federal government. The Patterson team  takes the New Jersey plan seriously.
June 13, 2018

Week 2, Part 2: Figure Out Who Judges the Judges

Delegates debate whether lower federal courts are worth the money and how to select judges. Franklin makes an unorthodox proposal. The council of revision resurfaces and the judicial veto is rejected. The delegates debate the method of electing Senators. Wilson...
June 7, 2018

Week 2, Part 1: Push Past Your Fear of Kings

Virginia presses its plan with broad outlines for the executive, legislative, and judicial branches. Fear and loathing of a return to a monarchy. The delegates nonetheless opt for a single executive, with a veto, but defer how they will be elected....
June 5, 2018

Week 1: Showing Up is Half the Battle

The convention opens. The Virginia delegation introduces its plan for Government including a national executive, national judiciary, and, crucially, proportional representation in the national legislature. The small states are not pleased. Pinckney’s plan is ignored. The Patterson team takes an historical detour...
May 30, 2018

Introduction: “The difficulty of the crisis, and the necessity of preventing the fulfilment of the prophecies of the American downfall.”

Introducing a new podcast from Patterson Belknap Webb & Tyler LLP. Who we are and what we do. The constant presence of the constitution in our daily civic life, and the benefits of discussing and learning from it. General approach...
May 23, 2018

Page 2 of 2

About This Podcast

Building a nation in 15 weeks may sound like a daunting summer project, but that’s just what happened at the Constitutional Convention in the summer of 1787. The first season of our podcast revisits the hottest topics from that convention, week by week, and tracks their current place in our legal and political landscape. In our second season, that same analysis is brought to the history of the Constitution in the early republic era in the first few decades of our country’s history, from ratification to the Bill of Rights to the early amendments. Our third season moves forward to cover the Reconstruction era, including the 13th, 14th, and 15th amendments, and the 19th amendment, ratified in 1920. Building on our study of history and our experience as attorneys, we ask questions that tie the past to the present: Does today’s Supreme Court think about separation of powers in the same way that the Committee of Detail did? How did the Constitution overcome anti-Federalist opposition to get ratified? What was the intended scope of the 14th Amendment? These are some of the questions that our co-hosts, former Assistant U.S. Attorney and frequent legal commentator Harry Sandick and commercial litigator and history enthusiast Jon Hatch will examine in a roundtable format, along with their colleagues at Patterson Belknap.

Podcast Contributors

  • Contact Harry Sandick.

    Harry Sandick

    212.336.2723

    Email

  • Contact Andrew I. Haddad.

    Andrew I. Haddad

    212.336.2331

    Email

  • Contact Joshua Kipnees.

    Joshua Kipnees

    212.336.2838

    Email

  • Contact Tara J. Norris.

    Tara J. Norris

    212.336.2847

    Email

  • Contact Julie A. Simeone.

    Julie A. Simeone

    212.336.2086

    Email

Posts
Bibliography - Seasons 1 & 2
Bibliography - Season 3

Firm Highlights

Event
Amy Vegari to Speak at American Conference Institute's Women Leaders in Life Sciences Law Conference
On Wednesday, July 29, Partner Amy Vegari will speak on a panel at the American Conference Institute's Women Leaders in Life Sciences Law Conference titled "Navigating the New Fraud and Abuse Landscape: Key Trends, Landmark Cases, and Compliance Lessons from the Last Year." Ms. Vegari will join firm alumna Jacqueline Bonneau (Senior Counsel, Commercial Litigation, Johnson & Johnson), Peena Patel (Senior Associate General Counsel, Abbvie), and Lisa Re (Partner, Arnold & Porter) for a discussion examining recent trends in False Claims Act litigation, potential fraud risks for life sciences companies, and the new frontier of enforcement. To learn more, please click here.
Firm News
Firm Tops The American Lawyer's 2026 Pro Bono Scorecard with Number 1 Ranking
Patterson Belknap has been recognized with a number 1 ranking in The American Lawyer's 2026 Pro Bono Scorecard. These rankings assess pro bono efforts among Am Law 200 firms and are based on the average number of pro bono hours per lawyer and the percentage of lawyers performing 20 or more pro bono hours in 2025. The Scorecard highlights the firm's “intense focus” on pro bono work, with an average of 185.7 hours per lawyer and 85.1% of firm lawyers doing more than 20 hours of pro bono. The article includes commentary from Pro Bono Chair, Michael F. Buchanan, on the firm’s commitment to both impact litigation and pro bono work that has an impact on people's lives, such as access to health care,...
Firm News
Firm Amicus Brief Plays Key Role in U.S. Supreme Court Dissent
Patterson Belknap submitted an amicus brief that played a significant role in Justice Sonia Sotomayor's June 29, 2026 dissent in Trump v. Slaughter. The brief was filed on behalf of legal historians Noah A. Rosenblum and Nathaniel Donahue, arguing that the concepts "quasi-legislative" and "quasi-judicial" as used in Humphrey's Executor had long histories in American law and provide workable definitions to guide the Court's review of congressional limitations.  In the dissent, Justice Sotomayor, joined by Justices Elena Kagan and Ketanji Brown-Jackson, cited the brief extensively. Justice Sotomayor relied on the brief to explain that the concepts were well-established well before the Humphrey's decision, and were used by many political figures and by courts developing a “quasi-judicial” category for officers whose duties resembled a judge’s. To read the amicus brief, please...
Firm News
Patterson Belknap Recognized by Chambers in its 2026 High Net Worth Guide
Patterson Belknap Webb & Tyler is pleased to announce that the firm has been recognized by Chambers High Net Worth 2026 in the following practice areas: Art and Cultural Property Law – USA-Nationwide Private Wealth Law – New York Chambers is a leading independent professional legal research company, delivering detailed rankings and insights into the world’s top lawyers and law firms. Its research methodology includes detailed interviews with clients and peers and analysis of capabilities, achievement, and sector presence. The firm also received individual recognitions by Chambers in both practice areas: Anne-Laure Alléhaut is ranked in the Art and Cultural Property Law practice area in the USA. Michael Arlein is ranked in the Private Wealth Law practice area in New York. Comments regarding the firm in the Chambers High Net Worth...
Blog Post
Bankruptcy Court Decides Issue of First Impression Concerning Code Section 365(h)
When a debtor that is a landlord rejects a real property lease in bankruptcy, the tenant has a choice. Either the tenant can treat the lease as terminated or retain its rights under the lease. These rights include the use, possession, quiet enjoyment, subletting, and hypothecation of the property. In a recent case, the parties and the court grappled with this question: when does the tenant need to make that decision? When the lease is rejected, or by some other date? Interestingly, neither the court nor the parties found case law on this issue. It was one of first impression. In re All Star Props., LLC, No. 25-41314, 2026 Bankr. LEXIS 1461 (Bankr. N.D. Ga. June 15, 2026). The debtor owns...
Publication
IRS Clarifies Application of the Non-Profit $1 Million Tax Post-OBBBA
The Internal Revenue Service (“IRS”) released Notice 2026-36 (Notice of Intent to Issue Regulations under Section 4960), (the “Notice”) relating to the tax on executive compensation under Internal Revenue Code (“Code”) Section 4960, as modified by the One Big Beautiful Bill Act (the “OBBBA”). The Notice clarifies the IRS’s interpretation of the changes the OBBBA made to Section 4960. Background Prior to the passage of the OBBBA, Section 4960 of the Code imposed a 21% excise tax on remuneration paid to “covered employees,” which included the top five (5) highest compensated employees of a tax exempt organization (with a “once-in-always-in” rule that swept in any individuals who were previously in the “top five” for tax years beginning after December 31, 2016)....
Publication
Not Over Yet?: Drug Manufacturers Eye Potential Circuit Split on Federal Drug Pricing Program
The Inflation Reduction Act’s Drug Price Negotiation Program has been the subject of litigation since Congress passed it in 2022 in an effort to curb the cost to Medicare of brand-name pharmaceutical drugs. These challenges—initiated in federal court by major pharmaceutical manufacturers—have largely been unsuccessful, rejected in both federal district and appeals courts in the Second and Third Circuits, with writs of certiorari uniformly denied by the U.S. Supreme Court. But all hope is not yet lost for pharmaceutical manufacturers’ opposition to the DPNP. A few challenges remain pending in the U.S. Courts of Appeals for the District of Columbia and Fifth Circuits, with the latter signaling potential receptiveness to the manufacturers’ positions at oral argument. To continue reading Amy Vegari and...
Publication
The Growing Antitrust Risks Of AI Pricing For Health Insurers
As algorithmic pricing models continue to gain traction throughout industries, they increasingly face scrutiny from legislators, enforcers and private plaintiffs who fear their anticompetitive potential. The health insurance industry is no exception: Courts are seriously considering challenges to algorithmic models for health insurance pricing, and legislators are also stepping in. This article focuses on recent legislative and enforcement trends to regulate this developing technology, as well as two ongoing cases involving algorithmic pricing in the health insurance industry, In re: MultiPlan Health Insurance Provider Litigation in the U.S. District Court for the Northern District of Illinois and In re: Zelis Repricing Antitrust Litigation in the U.S. District Court for the District of Massachusetts. Both cases are now in discovery as the plaintiffs continue to pursue...
Blog Post
Regulation E-Delivery: SEC Proposes to Make Electronic Communication the Default
On July 16, 2026, the Securities and Exchange Commission announced a proposed rule to broaden many financial market participants’ use of electronic communications with investors and others who receive information pursuant to federal securities laws.[1]  Referred to as “Reg E-Delivery,” the new rule aims to help issuers and others who disseminate SEC-required information transition away from delivering paper documents, a communication method the Agency pointed out imposes “unnecessary costs and expenses” while “no longer reflect[ing] the preference of most investors.”[2] Commenting on the proposed rule, Chair Atkins stated: The world has changed dramatically since many of our rules were first adopted. But, all too often, our regulatory framework has remained static. … In an age of artificial intelligence and blockchain technology, a...
Blog Post
Supreme Court Reaffirms Disgorgement in Sripetch, But Jury Question Looms
In our January 2026 post, Supreme Court to Clarify the SEC’s Disgorgement Powers, we previewed the Supreme Court’s decision to take up Sripetch v. Securities & Exchange Commission,[1] a case in which defendants sought to pare back the SEC’s authority to seek disgorgement. The case resolves a circuit split that arose in the wake of Liu v. SEC.[2]  In Liu, the Court sought to clarify the SEC’s ability to impose the penalty of disgorgement, ruling that disgorgement was available as equitable relief, but to avoid transforming an equitable remedy into a punitive one, “the remedy [is restricted] to an individual wrongdoer’s net profits to be awarded for victims.” In response to Liu’s requirement that disgorgement be “awarded for victims,” the Second Circuit...
Event
Amy Vegari to Speak at American Conference Institute's Women Leaders in Life Sciences Law Conference
On Wednesday, July 29, Partner Amy Vegari will speak on a panel at the American Conference Institute's Women Leaders in Life Sciences Law Conference titled "Navigating the New Fraud and Abuse Landscape: Key Trends, Landmark Cases, and Compliance Lessons from the Last Year." Ms. Vegari will join firm alumna Jacqueline Bonneau (Senior Counsel, Commercial Litigation, Johnson & Johnson), Peena Patel (Senior Associate General Counsel, Abbvie), and Lisa Re (Partner, Arnold & Porter) for a discussion examining recent trends in False Claims Act litigation, potential fraud risks for life sciences companies, and the new frontier of enforcement. To learn more, please click here.
Firm News
Firm Tops The American Lawyer's 2026 Pro Bono Scorecard with Number 1 Ranking
Patterson Belknap has been recognized with a number 1 ranking in The American Lawyer's 2026 Pro Bono Scorecard. These rankings assess pro bono efforts among Am Law 200 firms and are based on the average number of pro bono hours per lawyer and the percentage of lawyers performing 20 or more pro bono hours in 2025. The Scorecard highlights the firm's “intense focus” on pro bono work, with an average of 185.7 hours per lawyer and 85.1% of firm lawyers doing more than 20 hours of pro bono. The article includes commentary from Pro Bono Chair, Michael F. Buchanan, on the firm’s commitment to both impact litigation and pro bono work that has an impact on people's lives, such as access to health care,...
Firm News
Firm Amicus Brief Plays Key Role in U.S. Supreme Court Dissent
Patterson Belknap submitted an amicus brief that played a significant role in Justice Sonia Sotomayor's June 29, 2026 dissent in Trump v. Slaughter. The brief was filed on behalf of legal historians Noah A. Rosenblum and Nathaniel Donahue, arguing that the concepts "quasi-legislative" and "quasi-judicial" as used in Humphrey's Executor had long histories in American law and provide workable definitions to guide the Court's review of congressional limitations.  In the dissent, Justice Sotomayor, joined by Justices Elena Kagan and Ketanji Brown-Jackson, cited the brief extensively. Justice Sotomayor relied on the brief to explain that the concepts were well-established well before the Humphrey's decision, and were used by many political figures and by courts developing a “quasi-judicial” category for officers whose duties resembled a judge’s. To read the amicus brief, please...
Firm News
Patterson Belknap Recognized by Chambers in its 2026 High Net Worth Guide
Patterson Belknap Webb & Tyler is pleased to announce that the firm has been recognized by Chambers High Net Worth 2026 in the following practice areas: Art and Cultural Property Law – USA-Nationwide Private Wealth Law – New York Chambers is a leading independent professional legal research company, delivering detailed rankings and insights into the world’s top lawyers and law firms. Its research methodology includes detailed interviews with clients and peers and analysis of capabilities, achievement, and sector presence. The firm also received individual recognitions by Chambers in both practice areas: Anne-Laure Alléhaut is ranked in the Art and Cultural Property Law practice area in the USA. Michael Arlein is ranked in the Private Wealth Law practice area in New York. Comments regarding the firm in the Chambers High Net Worth...
Blog Post
Bankruptcy Court Decides Issue of First Impression Concerning Code Section 365(h)
When a debtor that is a landlord rejects a real property lease in bankruptcy, the tenant has a choice. Either the tenant can treat the lease as terminated or retain its rights under the lease. These rights include the use, possession, quiet enjoyment, subletting, and hypothecation of the property. In a recent case, the parties and the court grappled with this question: when does the tenant need to make that decision? When the lease is rejected, or by some other date? Interestingly, neither the court nor the parties found case law on this issue. It was one of first impression. In re All Star Props., LLC, No. 25-41314, 2026 Bankr. LEXIS 1461 (Bankr. N.D. Ga. June 15, 2026). The debtor owns...
Publication
IRS Clarifies Application of the Non-Profit $1 Million Tax Post-OBBBA
The Internal Revenue Service (“IRS”) released Notice 2026-36 (Notice of Intent to Issue Regulations under Section 4960), (the “Notice”) relating to the tax on executive compensation under Internal Revenue Code (“Code”) Section 4960, as modified by the One Big Beautiful Bill Act (the “OBBBA”). The Notice clarifies the IRS’s interpretation of the changes the OBBBA made to Section 4960. Background Prior to the passage of the OBBBA, Section 4960 of the Code imposed a 21% excise tax on remuneration paid to “covered employees,” which included the top five (5) highest compensated employees of a tax exempt organization (with a “once-in-always-in” rule that swept in any individuals who were previously in the “top five” for tax years beginning after December 31, 2016)....
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