Constitutional Chats Presented By Constituting America

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Ep. 196 - The Constitution and Declaring War Jan 25, 2024

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Think about the environment under which our Constitution was drafted. Our new nation had just waged and won a war for independence and was surrounded on all sides with hostility: the British in the north and their navy out to sea, the Spanish empire to the south, British and French ships patrolling the Caribbean and sometimes hostile Native American tribes to the west. Our Founders knew war was necessary but also had a healthy wariness about where the power to wage it should reside. The Founders questioned if war powers could lead to tyranny and questioned the effect of standing armies. Thus, Article 1, Section 8, Clause 11 gives this power to Congress and not the President. Joining our student panel to help us further understand why, we are pleased to welcome Reid Smith, vice president of foreign policy at Stand Together where he serves as an expert of constitutional war powers and foreign policy.

Ep. 195 - The Constitution and Israel Jan 18, 2024

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In 1948, the United States under President Truman became the first country to recognize the existence of Israel. Since then, the two nations have been staunch allies. This alliance is certainly being put to the test with the latest round of fighting between the state of Israel and Hamas, the Islamic group which controls Gaza. What is the legal process for the US to provide aid to Israel? What is the dual role Congress and the President play in helping our ally? To help us answer these questions and more, we are delighted to welcome Lt. General (Ret.) Keith Kellogg. General Kellogg is a retired three-star Army General and was a national security advisor to the Vice President. We are grateful he is sharing his unique expertise with our student panel.

Ep. 194 - The Constitution and Ukraine Jan 13, 2024

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Seemingly, the United States has been engaged in some armed conflict somewhere in the world for most of our lives. However, the United States has not had a formal declaration of war since World War II. How exactly does that happen? From what authority does the Congress and President engage in war or armed conflict? What is a Congressional Authorization for Use of Military Force and what are its limitations? How does all of this relate to the almost 2 year long conflict in Ukraine today? To help us answer all of these worthwhile questions with our all-star student panel, we are delighted to welcome Jamil Jaffer, Founder and Executive Director of the National Security Institute at the Antonin Scalia Law School at George Mason University, for this discussion on war powers.

Ep. 193 - The Tenth Amendment Dec 14, 2023

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We are wrapping up our series on the Bill of Rights with this special episode on the 10th Amendment. In just 28 words, it grants tremendous powers not to the federal government but to the states. How so? Regular viewers of our chats know Article 1, Section 8 of the Constitution grants 17 specific powers to Congress. That's it. The 10th Amendment says any powers not granted by the Constitution to the federal government are under the purview of the states or the people. The Founders did this because they were wary of a strong central government, having just fought a war against a strong central government in King George III. To help us unpack the ramifications and importance of the 10th Amendment, along with our all-star student panel we are delighted to welcome the 71st Governor of Virginia, The Honorable Robert F. "Bob" McDonnell as our special guest to discuss this special amendment.

Ep. 192 - The Ninth Amendment Dec 07, 2023

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The Ninth Amendment might seem a bit confusing at first glance. To understand its massive significance requires some insight into what the Founders were thinking. Think of the Bill of Rights not as granting rights to the people but rather restricting what the government can and cant do in the lives of its citizens. To wit, it would be impractical to list every right a citizen has and as such the rights specifically enumerated in the Bill of Rights should not be viewed as a limit to those rights. Helping us and our all-star student panel grasp the importance of this amendment, we are delighted to welcome Ilya Shapiro, Senior Fellow and Director of Constitutional Studies at the Manhattan Institute, as a guest on this week's show.

Ep. 191 - The Eighth Amendment Dec 01, 2023

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Once again, the Founders showed their preference for brevity with the 8th Amendment. It is actually the shortest of all the amendments but packs a wallop in just 16 words! In this week's chat, we are discussing the elements of the 8th Amendment: protections against excessive bails and fines and protections against cruel and unusual punishments. We answer what is a cruel and unusual punishment, who decides the standard by which punishment is deemed legal or illegal, how does this relate to "death-eligible" crimes in the application of the death penalty and what is the evolving standard of decency that's used as litmus test? For this insightful conversation, we are pleased to welcome Paul McNulty, former US Attorney, Former Deputy US Attorney General and current president of Grove City College to share his knowledge and insight with our all-star student panel.

Ep. 190 - The Seventh Amendment Nov 17, 2023

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As we discussed last week, the Sixth Amendment guarantees a trial by jury in a criminal trial, among other guarantees. The Seventh Amendment guarantees a trial by jury in federal civil cases for disputes over $20. Why were the Founders so adamant about jury trials as opposed to a single judge? What is the difference between a civil or common law trial and a criminal trial? What are the exceptions to a trial by jury? And how does this apply and function in conjunction with state law? Alongside our student panel, we are delighted to welcome Eric J. Wise, partner at Alston & Bird, to help us understand the historical context, need and purpose of the Seventh Amendment.

Ep. 189 - The Sixth Amendment Nov 09, 2023

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A criminal trial has the potential to permanently alter the rest of one's life. Punishments can range from fines to imprisonment to execution. This gives the government tremendous ability to impose penalties on its citizens. The Founders understood this and laid out criteria under which criminal trials would proceed. Under the Sixth Amendment, trials are speedy and fair, juries are impartial and Congress cannot take any of these rights away from the accused. We are delighted to have joining our all-star student panel Paul J. Larkin, Senior Research Fellow at the Heritage Foundation as he helps us understand the focus, meaning and purpose of the Sixth Amendment.

Ep. 188 - The Fifth Amendment Nov 03, 2023

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The Fifth Amendment really packs a punch. Think about the Constitution like this: the body of the Constitution created the new government and the Bill of Rights immediately put constraints on that government's power. The Founders had a natural skepticism and nervousness about governmental power especially when it comes to the prosecuting of criminal activity. The Fifth Amendment lists 5 significant restraints on government: indictments by a grand jury, double jeopardy, self-incrimination, guarantees of due process and protects private property through the Takings Clause. Joining our all-star student panel, we are delighted to have returning fan-favorite guest Andrew Langer, President of the Institute for Liberty, to help us unpack this crucial amendment.

Ep. 187 - The Fourth Amendment Oct 26, 2023

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The Fourth Amendment provides two specific protections: protection against unreasonable searches and seizures and requirements for when a warrant can be issued. At only 54 words, the amendment continues the Founders' penchant for brevity and leaves room for interpretation through the courts. How do we define what is unreasonable and probable and how has this standard changed over time? At one point the United States Supreme Court said a search had to involve a physical trespass onto your property. Obviously that standard has changed due to wiretaps and electronic communication. To help us unpack the ever-changing circumstances around how we define searches, seizures and warrants, we are pleased to have Steven G. Bradbury joining our student panel. Mr Bradbury is a Distinguished Fellow at the Heritage Foundation and has served in multiple Presidential administrations in various legal roles and will provide us with a keen insight into the Fourth Amendment.

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