Constitutional Chats Presented By Constituting America

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Ep. 145 - The Ninth Amendment - Rights of People Dec 09, 2022

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The Ninth Amendment is not an amendment you hear discussed too often nor is there significant caselaw regarding it. However, that in no way diminishes the importance of it. To put simply, the Ninth Amendment is a guarantee the Bill of Rights does not limit our rights to only those previously enumerated in the document. How exactly does this affect each of us? How was Madison appeasing both the Federalist and Anti-Federalists through the Ninth Amendment? Is there a difference between an enumerated and unenumerated right? Join our all-star panel and guest Constitutional expert, Hillsdale Professor Adam Carrington, as we continue our study of the Bill of Rights.

Ep. 144 - The Eighth Amendment: Limits on Fines & Punishment Dec 01, 2022

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We've spoken before of the Founders' penchant for brevity. The Eighth Amendment takes that habit to a new level. Just 16 words long, it still manages to codify three separate clauses related to limiting fines and punishment. Just what are these three clauses? What is the history behind the concerns regarding governmental power to punish that the Founders were alleviating and limiting? Just how important is that "and" in the cruel and unusual clause? To find out, join our weekly chat featuring Sam Gedge with the Institute for Justice and our student panel as we continue our study of the Bill of Rights!

Ep. 143 - The Seventh Amendment: Trial by Jury in Civil Cases Nov 18, 2022

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The Founding Fathers were fond of brevity in creating our constitution. While few in words and somewhat overlooked compared to some of the other amendments, the 7th Amendment is long in impact. To be succinct, the 7th Amendment guarantees civil cases can be heard and decided by a jury. Why was this needed? What concerns were the Founders alleviating? And why does it mention a $20 minimum dispute? Join returning guest Joerg Knipprath with Southwestern Law School and our brilliant student panel for this chat on the 7th Amendment.

Ep. 142 - The Sixth Amendment: Right To A Speedy, Public Trial - And More! Nov 10, 2022

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If someone is arrested in the United States, they will soon get their day in court to determine guilt or innocence, right? Imagine if that wasn't always the case. Imagine you are arrested and the state keeps you locked up for an unspecified amount of time before going to trial. Sadly, this was reality before the Sixth Amendment. What does it say exactly? What are the six legal protections within the amendment? What constitutes a fair and speedy trial? Join this week's chat featuring Robert Alt with the Buckeye Institute and our brilliant student panelists Tova and Lindsey as we unpack our Sixth Amendment.

Ep. 141 - Countdown to Bill of Rights Day–Amendment IV Nov 07, 2022

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Regular viewers of our podcast certainly understand the role of the Bill of Rights was not so much to grant rights to citizens but to limit the actions of the federal government in curtailing an individual's rights. That trend continues in the Fourth Amendment. It places two vital restrictions on the government: unreasonable search and seizures and warrants only with probable cause. Why is this so important? Just what exactly constitutes probable cause, reasonable suspicion and reasonable doubt? For these answers and so many others, join our special guest, Cully Stimson with the Heritage Foundation and our rockstar student panelists for this "reasonable" discussion into the Fourth Amendment.

Ep. 140 - Countdown to Bill of Rights Day–Amendment V Oct 27, 2022

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"I plead the 5th!" We have all heard that line before whether it was on the evening news or a legal drama TV show. It's a legal protection pulled directly from the 5th Amendment which outlines criminal procedure and applies to federal, state and local governments. What exactly does it mean? What is a grand jury, the double jeopardy clause and the takings clause? We are excited to have Andrew Langer, President of the Institute for Liberty, returning as our guest along with our student panel as we discuss the 5th Amendment.

Ep. 139 - Countdown to Bill of Rights Day--Amendment III Oct 20, 2022

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One might question why the 3rd Amendment was given such a lofty position behind 1st amendment protections and the right to keep and bear arms. It's not often talked about and doesn't drive the news cycle or inspire mass protesting. So why did The Founders codify that we do not have to quarter soldiers in our homes? What act of parliament was this amendment directly countering? And what role did the Boston Tea Party play to inspire such an amendment? Join our special guest, Hans von Spakovsky with the Heritage Foundation, and our all-star lineup of student panelists for this insightful conversation into the Third Amendment.

Ep. 138 - Countdown to Bill of Rights Day--Amendment II Oct 13, 2022

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The Bill of Rights are quite the exercise in brevity. Perhaps that is no more apparent than in the second amendment. 27 words is all it has. Yet those 27 words have a set off countless newspaper articles, TV segments, court cases and endless debate. Just what did The Founders intend when they wrote those 27 words? What clues in other founding documents can give us insight into their intent? Does the amendment secure gun ownership only in the context of a militia or does it guarantee private ownership? And what exactly did DC v Heller establish in 2008? Join our special guest, Professor Nelson Lund with the Antonin Scalia Law School at George Mason University, and our all-star panel for this insightful discussion on the second amendment.

Ep. 137 - Countdown to Bill of Rights Day--The First Amendment, Part 2 Oct 06, 2022

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Perhaps no amendment is as hotly debated as the First Amendment, and specifically the clauses related to freedom of religion: the establishment clause and the free exercise clause. Even though none of the charges against the king outlined in the Declaration of Independence concern religion, religious liberty is the very first concern in the Bill of Rights. In the few words concerning religion, the words "separation of church and state" do not appear. That phrase comes from a letter Thomas Jefferson wrote years later. Our guest argues the real father and architect of religious liberty in our country is not Thomas Jefferson but James Madison due to Madison's grasp of the American understanding of religious liberty. Join our student panel and returning guest, Professor Chris Burkett, for this in-depth discussion on the natural right to religious liberty.

Ep. 136 - Countdown to Bill of Rights Day--The First Amendment, Part I Sep 29, 2022

Show notes

When someone refers to the First Amendment, they are often referring to freedom of speech. Are you aware that there are actually 6 enumerated freedoms protected in the First Amendment? Along with speech, the First Amendment guarantees Freedom of the Press, Freedom to Peaceably Assemble, Freedom to Petition the Government for Redress of Grievances, Freedom to Practice Religion and the notion of no state-mandated religion. We are going to discuss the last two in depth next week and will focus on the first four this week. Freedom of Speech and the Press are pretty well-known but it's important to point out that free press does not solely apply to journalists and publishers. It's what gives each of us the freedom to publish a blog or make a YouTube video. So what do the other two freedoms mean? Join our student panel (featuring new panelist Yashica Nabar) and guest speaker Professor Bradley Smith of Capital University Law School in Ohio for this enlightening discussion into our basic freedoms.

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