Consider the Constitution

Latest Episodes:

Constitutional Safeguards: How the 4th, 5th, and 6th Amendments Protect Your Rights Apr 30, 2025

Show notes

In this episode of Consider the Constitution, host Dr. Katie Crawford-Lackey welcomes back Kendra Johnson, assistant Public Defender in Fairfax, Virginia, to explore the Fourth, Fifth, and Sixth Amendments. Johnson explains how these amendments form the backbone of criminal procedure in America and protect citizens from government overreach.

The discussion begins with an overview of each amendment: the Fourth Amendment protecting against unreasonable searches and seizures, the Fifth Amendment covering rights such as protection against self-incrimination and double jeopardy, and the Sixth Amendment ensuring the right to a speedy trial, impartial jury, and legal counsel. Johnson shares insights into the historical context of these amendments, explaining how the Framers developed these protections in response to abuses they had witnessed under British rule.

The conversation highlights landmark Supreme Court cases that have shaped these rights over time, including Katz v. United States, which established the "reasonable expectation of privacy" standard; Miranda v. Arizona, which created the famous "Miranda warnings"; and Gideon v. Wainwright, which guaranteed the right to an attorney even for those who cannot afford one.

The episode concludes with a discussion of emerging challenges to these constitutional protections in the digital age, including questions about surveillance technology, online trials, and artificial intelligence in the criminal justice system. Johnson emphasizes that these amendments are vital not just for those accused of crimes but for all citizens, as they establish boundaries on government power that protect everyone's liberty regardless of who holds political office.

Debunking Political Myths with Dr. Casey Burgat Apr 16, 2025

Show notes

Host Dr. Katie Crawford-Lackey welcomes Dr. Casey Burgat back to James Madison's Montpelier to discuss his new book, "We Hold These Truths: How to Spot the Myths That Are Holding America Back."

Slavery, the Constitution, and the Road to Civil War Apr 02, 2025

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In this compelling conversation with historian Dr. Joshua Rothman from the University of Alabama, we explore the complex relationship between slavery and the U.S. Constitution. Dr. Rothman reveals how the founding document's compromises—from the three-fifths clause to the fugitive slave provision—both protected and perpetuated human bondage while planting seeds for eventual conflict. We discuss how economic forces, technological innovations like the cotton gin, and territorial expansion transformed what founders might have seen as temporary accommodations into entrenched systems that ultimately led to Civil War. Dr. Rothman's insights illuminate the profound contradictions at the heart of American democracy: a nation founded on ideals of freedom while simultaneously codifying and expanding slavery. This episode offers essential context for understanding the constitutional crisis that erupted at Fort Sumter in April 1861.

The Unwritten Role: First Ladies in American Democracy Mar 19, 2025

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In this special episode of Consider the Constitution, Dr. Katie Crawford-Lackey explores the evolving role of America's First Ladies with Anita McBride, former Assistant to President George W. Bush and Chief of Staff to First Lady Laura Bush, and co-author of "Remember the First Ladies: The Legacies of America's History-Making Women."

Though the Constitution never defines this role, First Ladies, from Martha Washington to today, have wielded significant influence in shaping policy, diplomacy, and national identity. McBride shares fascinating insights about how these women served as essential partners to presidents while carving out their own legacies - from Dolley Madison saving White House treasures during war to Lady Bird Johnson advocating for civil rights in the hostile South. Drawing from her extensive research for her book, McBride reveals how these remarkable women used their "automatic powerful platform" to advance the nation, even when they themselves lacked constitutional rights.

Warriors for Constitutional Rights with Sharon McMahon Mar 05, 2025

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In this compelling episode, host Dr. Katie Crawford Lackey sits down with Sharon McMahon, "America's Government Teacher" and New York Times bestselling author of "The Small and the Mighty," to explore the remarkable stories of overlooked women who shaped American democracy. From Rebecca Brown Mitchell, who helped secure women's suffrage in Idaho decades before the 19th Amendment, to fifteen-year-old Claudette Colvin, whose courageous stand against bus segregation helped pave the way for the Montgomery Bus Boycott, McMahon brings to light the extraordinary contributions of ordinary Americans who changed history. The conversation delves into how these "small and mighty" individuals' persistent efforts for liberty and justice continue to impact our nation today, reminding us that everyone has the power to make meaningful change. Through these inspiring stories, McMahon and Crawford Lackey demonstrate how progress is born of struggle and why every person's contribution to democracy matters, even when the results aren't immediately visible.

Executive Authority: Constitutional Leadership in the Modern Presidency Feb 19, 2025

Show notes

What defines constitutional leadership in today's complex political landscape? Dr. Barbara Perry, co-director of the presidential oral history program at the Miller Center, examines how modern presidents navigate their constitutional authority while facing unprecedented challenges. Drawing from her extensive work conducting presidential oral histories, Perry illuminates the delicate balance between executive power and constitutional constraints, from the critical process of peaceful power transitions to the expansion of civil rights. Through compelling stories of presidents from both parties, she reveals how different leaders have interpreted their constitutional role, managed times of crisis, and shaped the office of the presidency. The conversation explores how the founders' vision for executive authority, first shaped by James Madison, continues to evolve as each president grapples with their constitutional obligations to preserve, protect, and defend American democracy.

Presidential Pardon Power Feb 05, 2025

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In this episode of Consider the Constitution, we explore the presidential pardon power with Professor Kim Wehle from the University of Baltimore Law School. The discussion covers the historical origins of pardons from British common law, its incorporation into the U.S. Constitution, and how this power has evolved through American history, through the recent pardons by both President Biden and President Trump in 2024-2025.

Transfer of Power: Lessons from 1800 Jan 22, 2025

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Bitter rivals, fake news, and fears of biblical proportions—welcome to the U.S. presidential election of 1800. Consider the Constitution Host Katie Crawford-Lackey and historian John Ragosta unpack America's first transfer of power between opposing parties, revealing surprising parallels to our current political moment.

What Would Madison Make of TikTok? Jan 08, 2025

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How would James Madison, the architect of the First Amendment, view today's controversial TikTok ban debate? Host Dr. Katie Crawford Lackey and constitutional expert Dr. Lynn Uzzell explore the surprising parallels between 18th-century free speech battles and our modern social media challenges.

Consider The Constitution: Highlights from Season One Nov 06, 2024

Show notes

In this season finale, host Dr. Katie Crawford Lackey and producer Adam Belmar reflect on key conversations from the first season of Consider the Constitution Podcast. They revisit notable discussions with constitutional scholars about Article III, judicial review, Madison's vision for managing political diversity, and the evolution of constitutional rights. Highlights include insights on voting rights, the legacy of Reconstruction, privacy in the digital age, and George Washington's approach to the presidency. The episode emphasizes how the Constitution continues to shape American democracy while underscoring the importance of civic engagement and education.
Scholars in this episode:
1. Dr. Lauren Bell - discussing Article III
2. F. Michael Higginbotham - on judicial review
3. Dr. Jay Cost - on Madison's vision for political diversity
4. Dr. Beau Breslin - on constitutional endurance and Jefferson's views
5. Dr. Lynn Uzzell - on the Bill of Rights
6. Professor Kendra Johnson - on privacy rights and technology
7. Jade Ryerson - on the right to assembly
8. Dr. Pippa Holloway - on voting rights
9. Professor Julie Suk - on women's suffrage
10. Dr. DeAnza Cook - on the 13th Amendment and mass incarceration
11. Dr. Hasan Jeffries - on Reconstruction and originalism
12. Dr. Lindsay Chervinsky - on George Washington's presidency
13. David O. Stewart - on Washington at the Constitutional Convention
14. Dr. John Ragosta - on early political divisions
15. Professor Michael Gerhardt - on impeachment

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