Constitutional Chats Presented By Constituting America

Ep. 239 - The Birth of the Bill of Rights: How It Came About - and the Debates That Shaped It Dec 19, 2024

It’s 1787. Under the current Articles of Confederation the American experiment is struggling. James Madison knew a new guiding document was needed. Once opposed to a Bill of Rights, it was Madison who would ultimately introduce the Bill of Rights in 1789. Why was Madison originally opposed to a Bill of Rights? What documents influenced him? Why were the Bill of Rights necessary and what were the criticisms of the Constitution before the Bill of Rights? Discussing this momentous event in history with our student panel, we are happy to welcome GianCarlo Canaparo, senior legal fellow at the Heritage Foundation.

Ep. 238 - How To Get Youth Excited About Civic Education & Why It Matters Dec 13, 2024

Why does Constituting America do the work we do in educating young people about the U.S. Constitution and our country’s founding principles? Think about this. According to our guest, in a spectral analysis of the Declaration of Independence, in Thomas Jefferson’s original draft, he wrote “our fellow subjects.” In the draft we all know, he used “our fellow citizens.” The difference in that word is remarkable. It shows the change in thinking that we were once subjects to a government but now we are citizens who can dictate our government so that it works for us. Constituting America exists to educate our next generation so they can understand the importance in that shift in mindset. Our guest argues that a solid civic education is needed to maintain that free society of citizens, not subjects. Join our all-star student panel and this week’s; guest, Kirk Higgins, Vice President of Content at the Bill of Rights Institute, for this discussion on educating our next generation.

Ep. 237 - The Genius of America: How De Tocqueville Saw Our Future Dec 06, 2024

For our annual online academic study this year, we are taking a journey through our republic with Alexis de Tocqueville’s “Democracy in America.” It is perhaps the best book ever written about America and democracy, according to our guest today. In this work, De Toqueville takes on an almost prophetic voice in predicting the future of our country and our constitutional republic. How was De Tocqueville able to leverage his knowledge of philosophy to accomplish this? What truths was he willing to tell us about our governmental institutions? To walk us through this aspect of De Toqueville’s work, we are honored to welcome Raúl Rodriguez, assistant professor in the School of Civic Leadership at the University of Texas at Austin, for this enlightening conversation.

Ep. 236: The First Amendment on College Campuses Nov 23, 2024

The 1st Amendment recognizes our God-given right to free speech without government restriction. But what is a college student to do when it’s their own college suppressing their free speech? What is that student to do when that suppression directly leads to hate speech and violent threats from their fellow students simply for having a differing opinion? Our guest was such a student. We are delighted to welcome back to Constituting American Evita Duffy. Evita won our “We the Future” contest back in 2010. Since that time, she attended the University of Chicago and is now a journalist. We are happy to have one of our earliest contest winners and member of the Constituting America family back to share her experience regarding free speech on college campuses and her hopes for a renewed culture of free speech.

Ep. 235: Unraveling the Significance of the "Shot Heard ‘Round the World" Nov 14, 2024

Picture this: You are a young child growing up in a suburb of Boston. You happen to a big fan of the musical “Hamilton” and through an educational TV show, you learn that the park where you regularly ride your bike and your neighborhood is portrayed in the musical you love! This is exactly what happened with this week’s special guest, Sabrina Bhattacharjya. Now a 14-year old historian, Sabrina has dived deep into the history of her town, Lexington, Massachusetts. This is where the infamous “shot heard ‘round the world” took place that started the American Revolution. Sabrina has since started Lexington 250 to help celebrate in April 2025 the 250th anniversary of that famous day. Join our student panel as we learn more of the interesting facts and historical significance of what happened that day from this fabulous historian.

Ep. 234: Special Election Day Live Podcast: Everything You Need to Know About the Electoral College Nov 09, 2024

The electoral college is one of the most important characteristics of our republic, but it is also perhaps the most misunderstood. Every time we vote for President the merit of the electoral college is debated. But what is it? Why was it created? How does it protect small states, and preserve state identity? Should we view it as a problem itself or an effective solution to a problem? To address all of these questions and so much more, we are delighted to have Michael Maibach, electoral college expert and Distinguished Fellow for Save Our States, as our special guest this week.

Ep. 233 - The Connecticut Compromise Nov 02, 2024

It’s 1787 and you are a delegate to the Constitutional Convention. You represent a midsize state and arriving 3 days late, you encounter James Madison’s Virginia Plan to allocate representation among the states proportionally. You realize how this would be a detriment to smaller states who are needed to ratify the Constitution. What do you do? You are Roger Sherman from Connecticut and you draft the Connecticut Compromise which allocates representation in the lower chamber based on population but guarantees equal state representation in the upper chamber. Why was this necessary and what other provisions did it entail? To answer these questions, we are pleased welcome Mark David Hall, Professor in the Robertson School of Government at Regent University and scholar on early America.

Ep. 232 - Reagan & the Constitution Oct 25, 2024

He was an actor, governor and our 40th president. Today, we are discussing the presidency of Ronald Reagan. Though now a modern icon of conservatives, Reagan’s political leanings were originally democrat as a supporter of FDR and Truman. During his presidential term, through what lens did Reagan approach the limitations placed on government? In what way was he a Constitutional originalist? How did this belief factor into navigating a constitutional crisis like the Iran Contra Affair? To guide us in this chat, we are pleased to welcome back an alumni of the Reagan White House and current Senior Fellow in the Center for American Prosperity at the America First Policy Institute., Jim Pinkerton, for our weekly constitutional chat.

Ep. 231 - Eisenhower & the Constitution Oct 18, 2024

Today, we are discussing our country’s 34th President, Dwight Eisenhower. A Texan by birth but raised in Kansas, Eisenhower graduated from West Point and during World War II served as the Supreme Commander of the Allied Expeditionary Force in Europe and was promoted to 5-star General of the US Army. Twice elected President, Eisenhower notably led our country as we entered the Cold War. In what ways did Eisenhower’s military experience shape his views on domestic and foreign policy? What civil rights advancements were made during his tenure? What was his overall sense of duty? To help us in this discussion, we are pleased to welcome Dr. Elizabeth Spalding, Chairman of the Victims of Communism Memorial Foundation for this informative chat.

Ep. 230 - FDR & the Constitution Oct 11, 2024

President Franklin Delano Roosevelt served as the 32nd US President and was our longest serving president, having run for and won four elections to the presidency. FDR was President during two tumultuous events in US history, the Great Depression and the outbreak of World War II. Pulling a page from the Woodrow Wilson playbook, FDR expanded the administrative state even further. In what ways did FDR expand the scope and size of the federal government? Why did the American people elect him four times to the office of the presidency? What did he mean when he spoke of “bold, persistent experimentation?” To chat with our student panel on FDR, we are delighted to welcome Jim Pinkerton this week. Jim is an alumni of the Reagan and George H. W. Bush administrations and is currently a Senior Fellow in the Center for American Prosperity at the American First Policy Institute.

Ep. 229 - Herbert Hoover & the Constitution Oct 04, 2024

In our chat today, we are focusing on our 31st President, Herbert Hoover. Born poor to a Quaker family in Iowa in 1874, Hoover was one of the first graduates of Stanford University in 1895. He earned a fortune as a mining engineer and had business interests on 6 of 7 continents. He rose to public prominence during World War I and joined the Woodrow Wilson administration as the leader of the Food Administration. He successfully ran for President in 1928 but his administration was quickly stained by Prohibition (which he inherited from the previous administration) and the stock market crash and Great Depression. He was soundly defeated in 1932. To help our student panel grasp the policies and worldview that shaped President Hoover, we are happy to welcome Stephen Tootle, Professor of History at the College of the Sequoias, for this informative discussion.

Ep. 228 - Woodrow Wilson & the Constitution: How Wilson Started The Slide Toward the Administrative State Sep 27, 2024

The administrative state, the professional bureaucracy in our federal government, has not always been such a feature in how government functions. Did you know President Woodrow Wilson helped precipitate the rapid rise in that bureaucracy? How did this happen and why? What did Wilson mean when he spoke of an elastic constitution, and how does it threaten our freedom? To walk our student panel through this topic, we are delighted to have William Morrissey, Professor Emeritus at Hillsdale College, as our special guest constitutional expert.

Ep. 227 - The Genius of America - A Journey Into Our Republic: Alexis de Tocqueville's Democracy In America Sep 12, 2024

In 1831, a 26 year-old French member of the aristocracy arrived in New York City to examine our prison system. Alexis de Tocqueville would do that and so much more. Over 9 months, he and his travel companion, Gustave de Beaumont, traveled extensively and in 1835, he published “Democracy in America.” De Tocqueville studied and answered what it took to perpetuate our political institutions, what the “habits of the American heart” are and what it means to be an American. In fact, it was De Tocqueville who coined the term American Exceptionalism. To guide our student panel as we discuss this seminal work, we are pleased to welcome Dr. Dorothea Wolfson, program director and senior lecturer in the MA in Government Program at Johns Hopkins University.

Ep. 226 - John Adams and the Constitution Aug 28, 2024

Perhaps no Founding Father exemplifies the ideal of a citizen-legislator quite like John Adams. Never a wealthy man, Adams dedicated his life and contributed greatly to our country in its infancy: as a lawyer, as a delegate to the Continental Congress, as our first Vice President and as our second President. What was the basis for Adam’s beliefs in how our country should be structured and why does our guest today argue John Adams was the greatest of our Founding Fathers? Join our student panel as we welcome C. Bradley Thompson, Professor of Political Science at Clemson University, for this informative discussion.

Ep. 225 - Coolidge and the Constitution Aug 23, 2024

He was a city mayor, state representative and state senator. He was a lieutenant governor and governor. And he was a vice president and president. Today, we are discussing the accomplishments of Calvin Coolidge. He was an ardent defender of the US Constitution and fought the trend to alter and reinterpret the provisions in the Constitution. He was also a dedicated “Toquevillian.” To guide our student panel in this discussion, we are thrilled to welcome Amity Shlaes as a guest. She is the author of “Coolidge” (2013) and is the chair board of the Calvin Coolidge Presidential Foundation.

Ep. 224 - George Washington & The Constitution Aug 16, 2024

He was a solider, general, President and statesman. George Washington is one of those few historical figures whose real-life accomplishments live up to the legend of the man. But what was Washington’s role in crafting the document that ultimately made him President? What were his thoughts on the role of a federal government in our new country? To help us understand Washington’s mindset during this pivotal era, we are delighted to welcome Stewart McLaurin, president of the White House Historical Association for this informative chat with our student panel.

Ep. 222 - Understanding Convention Delegates — Who, How, When and Why! Aug 02, 2024

During the summer before every presidential election, both major political parties host their conventions. Part of their function is to formally nominate their candidate for President. Just who are the thousands of delegates who attend? What are their duties? How are they chosen? To help us understand everything related to these conventions and delegates, we are excited to welcome back election law expert Mark Braden and our student panel for this discussion.

Ep. 221 - Will Recent Supreme Court Cases Shift Power Away From Federal Agencies? Jul 26, 2024

Back in April, we discussed the Chevron Doctrine and the power it gave to unelected officials in various agencies. This doctrine allowed agencies to rely on their own interpretation of ambiguous law. In the recent Loper Bright decision, the Supreme Court struck down this doctrine. To help our student panel understand the long term ramifications of this decision, we are delighted to welcome back Ilya Shapiro, senior fellow at the Manhattan Institute for this timely discussion.

Ep. 220 - Supreme Court Empowers Local Communities–Learn More About The Recent Decision On Homeless Encampments Jul 19, 2024

Back in May, we discussed a Supreme Court case that was about to be decided regarding actions local governments had taken regarding homelessness encampments in public spaces, in their cities. Late last month, the Supreme Court sided 6-3 with the city of Grants Pass, Oregon, ruling their laws did not violate the 8th amendment prohibitions against cruel and unusual punishment. Returning from that previous show, we are thrilled to welcome back Thomas Jipping, Senior Legal Fellow at the Heritage Foundation, as he discusses the ramifications of this U.S. Supreme Court decision with our student panel.

Ep. 219 - Presidential Immunity: What Does the Recent Supreme Court Decision Mean? Jul 11, 2024

As with most Supreme Court decisions, the recent Supreme Court decision on presidential immunity is both complex and misunderstood. The Court had to rule on what level of immunity the President has in regard to his official duties as President. This case involves a complex series of rulings from various courts but we are thankful to have returning as our guest, former US Attorney and retired Navy JAG officer Charles “Cully” Stimson. Cully will help our all-star student panel unravel the complexities of this landmark Supreme Court case.

Ep. 219 - Presidential Immunity: What Does the Recent Supreme Court Decision Mean? Jul 11, 2024

As with most Supreme Court decisions, the recent Supreme Court decision on presidential immunity is both complex and misunderstood. The Court had to rule on what level of immunity the President has in regard to his official duties as President. This case involves a complex series of rulings from various courts but we are thankful to have returning as our guest, former US Attorney and retired Navy JAG officer Charles “Cully” Stimson. Cully will help our all-star student panel unravel the complexities of this landmark Supreme Court case.

Ep. 218 – You Chose To Celebrate The American People! Jul 04, 2024

This week we celebrate the spirit of the American people! A country’s identity is directly tied to its people. A good way to gauge the characteristics and spirit of a country’s people is to look at the country from an outsider’s perspective. That’s exactly what Alexis de Tocqueville did when he came to America in 1831. The French-born aristocrat traveled extensively around our country and in 1835 wrote of his observations and experiences in “Democracy in America.” What can we learn from his observations? Are his observations still relevant nearly 200 years later? To help us further understand the importance and relevance of de Tocqueville’s writings, we are pleased to welcome Dr. Pete Peterson, Dean of Pepperdine’s School of Public Policy, to the chat today.

Ep. 217 – You Chose Celebrating The American Dream! Jun 29, 2024

When you hear the term “the American Dream” what do you think of first? Homeownership? Going to college? Having a great job? Safe communities? All are correct answers. What is amazing about that dream is that it can be unique to each of us, yet is something we all collectively enjoy in this country. Think about this. Our Constitution does not specifically mention the American Dream, but it protects the freedoms to pursue it. The American Dream did not happen by accident and our guest argues it’s largely driven by economic liberty. To find out why, join our student panel and our special guest, the Wall Street Journal’s Kimberly Strassel, for this fascinating discussion!

Ep. 216 - You Chose to Celebrate Our Beautiful Country – From Sea To Shining Sea! Jun 20, 2024

Our country is one of unimaginable beauty. From snow-capped mountain peaks to arid deserts to peaceful beaches, our varied landscapes have spoken to our soul as a nation for generations. Our country currently preserves 63 sites with the “national park” designation, with a total of 429 sites in the system. To help us better understand the history and significance of these locales, we are delighted to welcome two guests to our chat this week. Linda Harvey is a former Deputy Director of the National Park Service. Karla Morton is the 2010 Texas Poet Laureate and has written extensive poetry about our national parks in her book, “National Parks: A Century of Grace.”

Ep. 215 - You Choose to Celebrate Federalism! Jun 12, 2024

We admit it. We are big fans of federalism. Regular listeners will understand that Constitution grants certain rights to the federal government and courtesy of the 10th amendment, remaining powers are reserved for the states. Does this mean federalism is a function of recognition of states’ rights? Our special guest argues this characterization is better suited if we view federalism as a function of decentralized and self-government as it relies on local authority. Join our guest, Dr. William B. Allen, Emeritus Professor of Political Philosophy and Dean of James Madison College at Michigan State University, and our student panel for this enlightening conversation on federalism.

Ep. 214 - Celebrate America: You Chose to Celebrate Freedom! Jun 07, 2024

As Americans, do we sometimes have a tendency to take freedom for granted? When it’s something most of us have lived with our entire lives, the answer is assuredly yes. That’s to be expected as we can’t fully comprehend what it is to live without. But ask anyone born under a dictator or totalitarian regime and they quickly remind of us of the blessings of liberty, since they once lived without it. To help remind us of this blessing of freedom, we are honored to have Ambassador Aldona Woś. Polish born, Ambassador Woś served as the US Ambassador to Estonia during the George W. Bush Administration and is currently the President of the Institute for World Politics. Her personal story is a compelling reminder that freedom is not free, nor is it permanent.

Ep. 213 - The Trump Tax Cuts Case Before The Supreme Court May 22, 2024

The 16th Amendment gives power to congress to “lay and collect taxes.” After all, a country has to have an ability to raise revenue. When it comes to that revenue, we have had a tradition of paying taxes on income, not the value of an investment, like paying taxes when we sell a few shares of stock in a company and not on the growth of that stock every year we own it. Those are called realized gains. There is discussion in the federal government to change that and tax unrealized gains meaning we would have to pay taxes on the increase in value in our homes or investments even before we sell that possession. The genesis of this Supreme Court case was a provision in the tax cuts package passed and signed into law in 2017 to help pay for those cuts. We know, tax code and tax law are confusing. Fortunately, to help us navigate this confusing topic, we have a very special guest with an impressive legal career. Paul Clement is the country’s former Solicitor General (the Department of Justice’s chief lawyer in front of the Supreme Court), now in private practice. He has argued more than 100 cases in front of the Supreme Court, more than any other lawyer since 2000, in or out of government.

Ep. 212: What Is Gerrymandering? May 16, 2024

The Constitution dictates every 10 years we undergo a Census to count how many people live in each state. Based off these population numbers, congressional seats are then apportioned. States who lost population might lose a seat and states who grew may gain a seat or two since we can only have 435 total seats in the U.S. House. This brings up an obvious question: who gets to redraw congressional districts after apportionment and can they redraw those districts for a political benefit? This is where gerrymandering comes into play. According to our guest expert, “gerrymandering” is drawing districts that are perceived to be unfair in their representation. To further complicate the issue, the Voting Rights Act of 1965 placed restrictions on how these districts are redrawn and subsequent Supreme Court decisions have further altered this process. The current Supreme Court case Alexander v. South Carolina State Conference of the NAACP has the potential to challenge again how districts are redrawn. It’s a complicated issue but we are grateful to have as our guest Mark Braden, an attorney with BakerHostetler who specializes in election law and voting issues to help us navigate this issue.

Ep. 211 - Homeless Encampments In Public Spaces May 10, 2024

City Councils all across the country have been tackling an issue that has bipartisan concern: how to tackle homeless populations within their cities. Grants Pass, OR., is one such city. Grants Pass is in the middle of the Supreme Court case Johnson v. Grants Pass that is challenging that city’s ability to levy civil and criminal punishments to deter homeless encampments. A Supreme Court decision is expected this summer. To help our student panel understand the broad implications of this Supreme Court case and the “strait jacket” put on cities by lower courts to enforce their ordinances, we are delighted to welcome Thomas Jipping, Senior Legal Fellow at the Heritage Foundation for this timely chat.

Ep. 210 - What Is The SEC? Do “In House” Tribunals Violate the Right To Jury? May 03, 2024

Trial by jury and fair court proceedings bound by constitutional restraint are bedrock principles of our federal government. Imagine being charged with a crime by a federal agency except the agency handles the entire court proceedings with a judge on its payroll. The Securities and Exchange Commission was created by a 1934 act in response to the Great Depression and Stock Market Crash of 1929. In 2008, in response to the financial crisis, its powers were significantly expanded through the Dodd Frank Act. Under that legislation, the SEC was allowed to have in-house court proceedings with administrative law judges it hires. As such, prosecutorial, judicial, enforcement and punishment power is all held within a singular agency. A current Supreme Court case, SEC v. Jarkesy, is challenging that power. Join our all-star student panel and our special guest, Peggy Little, Senior Litigation Counsel with the New Civil Liberties Alliance, as we discuss this case, its ramifications and the caution George Washington gave us when he spoke against unfair quasi-courts.

Ep. 209 - How Far Can The EPA Go In Regulating A State's Emissions? Apr 25, 2024

In February of this year, the Supreme Court heard arguments in Ohio v. EPA. This case challenges the Environmental Protection Agency’s ability to enforce the Good Neighbor Plan which aims to curb pollution carried by the wind into neighboring states. As usual, legal proceedings can easily become confusing as a lawsuit makes its way to the Supreme Court. Fortunately, we are welcoming back Steve Bradbury, a distinguished fellow at the Heritage Foundation, to help us unravel this case as we discuss the background and ramifications of this lawsuit.

Ep. 208 - Limiting Unelected Officials’ Powers Apr 19, 2024

Federally, we have 536 elected positions between Congress and the President. We then have 2.8 million federal employees. How do we limit the power among the unelected officials we have in our federal government? To tackle this very important question, the Supreme Court introduced the Chevron Doctrine (also called the Chevron Deference) as a result of the 1984 Supreme Court case Chevron USA v Natural Resources Defense Council, Inc. To help us understand the complexities of the Chevron Doctrine, how the powers of unelected officials have grown over the years and how current cases before the Supreme Court may affect these powers, we are happy to welcome to our discussion Jack Fitzhenry, Legal Fellow in the Edwin Meese III Center for Legal and Judicial Studies at the Heritage Foundation.

Ep. 207 - What Does The Constitution Say About Presidential Immunity? Apr 14, 2024

Presidential immunity is in the news a lot lately. It derives from a notion that all three branches of government retain powers to execute their duties under the constitution. But there is also a tradition in our country that no one is above the law. In a nation that follows established law, not following those laws can lead to anarchy or distrust in the government. We have a lot to unpack with this very timely and relevant topic. To help us do so alongside our student panel, we are delighted to welcome fan-favorite guest Adam Carrington, associate professor of politics at Hillsdale College.

Ep. 206 - Can Elected Officials Block You On Social Media? Apr 05, 2024

Did you know the United States Supreme Court has agreed to hear four cases pertaining to social media this term? One of the major issues is whether or not an elected official has the authority to limit speech on social media accounts by blocking critical comments pertaining to their work in office. We know government cannot prohibit your speech, but are elected officials required to permit all comments on their official pages, or can they censor them? What about their personal pages? Can the government pressure social media companies to take down posts the government seems “misinformation”? There’s a lot to unpack with these various cases so we are delighted to welcome Michael Dimino, Professor of Law at Widener University’s Commonwealth Law School for this very timely discussion.

Ep. 205 - How To Fix Congress? Mar 28, 2024

Who is the Speaker of the House and what are his duties? How does a bill become law? What are the three branches of government. Let’s be honest, so many in our country are not fully educated on civics. If we don’t understand how Congress works, we get frustrated with the whole process. This leads to an overall sentiment that Congress is broken. Our guest today likes to say “without public trust, you cannot govern. Without governing, people get angry and hostile and walk away from the system.” Today, joining our student panel to discuss how we can begin to fix this, is our special guest Michael S. Johnson, author of “Fixing Congress: Restoring Power to the People.”

Ep. 204 - George Washington's Vision For National Government Mar 23, 2024

Winning a war was just the beginning for George Washington’s service to our new country. After retiring to Mount Vernon post-war, Washington saw a weakness in our country under the Articles of Confederation. He felt the future of republican democratic self-government globally was dependent on the American experiment. If it were to fail in that perfect post-war moment, man was probably not destined to govern himself. Washington’s views on what the government should look like can seem to be contradictory in that he wanted a strong central government, as opposed to what the country had under the Articles of Confederation, but he also wanted the National government to be limited. Rather than contradictory, this reveals a principled man. To discuss Washington’s vision for the country with our student panel, we are delighted to welcome back Tony Williams, Senior Teaching Fellow with the Bill of Rights Institute for this historical conversation.

Ep. 203 - The Strategy for State Government Mar 14, 2024

The relationship between the federal and state governments is not always clear. These two governments exist simultaneously but at times have different goals and objectives. The federal government can use its purse strings to coerce a state government to take an action and that state can simply refuse. The Founders wanted states to solve major issues that were not under the federal purview to establish “laboratories of democracy.” Joining our all-star student panel, we are happy to welcome Ken Cuccinelli, former Virginia state senator, Virginia attorney general and Deputy Secretary, Department of Homeland Security, as we discuss this unique relationship.

Ep. 202 - The Importance of Local Government Mar 08, 2024

Can you name the President? We hope yes! Can you name your state’s governor? More than likely yes. But can you name your mayor and city council members? While the issues nationally get the most attention, your local government’s actions impact your day-to-day life more. Issues like your water supply, trash pickup, sewage, and police and fire departments are all controlled by local entities. Some mayors aren’t paid a salary at all but one defining feature of mayors is they come directly out of the community in which they are serving. They are your friend and neighbor. To help us better grasp the importance of local officials, we are delighted to welcome Andrew Wambsganss, former mayor of Southlake, TX., to our podcast as we discuss the duties and responsibilities of local government officials, and why he says you can have the most impact by local government participation.

Ep. 201 - The Genius of the Town Hall Mar 01, 2024

Regular listeners will certainly recognize this famous phrase from the Declaration of Independence: “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.” As the governed who give consent to the government, we have several mechanisms through which we can give that consent and voice approval or disapproval with an elected official. Perhaps the most direct mechanism is through a town hall discussion. A town hall is simply a public meeting between an elected official and their constituents where a number of topics pertaining to upcoming or past legislation can be discussed. To help us better understand all things related to a town hall, we are delighted to have two guests joining our student panel. Rochelle Porto is a longtime Pennsylvania activist who regularly participates in town halls in her state and Rep. Lynn Stucky has represented parts of North Texas in the Texas Legislature since 2017.

Ep. 200 - What is Federalism Anyway? Feb 23, 2024

At Constituting America, we love to talk about federalism. Federalism is a founding principle that government authority is best when one central government does not have all authority, but it is divvied up between local, state and national government. Have you ever thought about why we have this system and what its virtues are? In a large country with varied geographical interests, why does this system work? Should those closest to a problem be the ones to solve that problem, and what are the benefits of this principle of subsidiarity? To help us further grasp the virtues of federalism, we are delighted to welcome Brenda Hafera, Assistant Director and Senior Policy Analyst for the Simon Center for American Studies at The Heritage Foundation, for this engaging discussion.

Ep. 199 - The U.S. Constitution and Protecting Citizens: Federal vs. State Feb 16, 2024

We have a military. We have a militia. When it comes to protecting our citizens, both play a role. The same militia mentioned in the second amendment is actually defined in 10 U.S. Code § 246 as able-bodied men over 17 and under 45 years old, who are or intend to become US citizens and female citizens who are members of the National Guard. What precisely are the differences in roles of the organized and unorganized militia compared to the military? Under what circumstances is a militia’s Commander in Chief the President or a state’s governor? When can the military and militia be deployed and what are the limits placed on them such as “posse comitatus?” To help our student panel answer these questions, we are delighted to welcome back longtime friend of Constituting America, Andrew Langer. Andrew is an author, speaker, writer, frequent guest on both radio and TV programs and the President of the Institute for Liberty.

Ep. 198 - The U.S. Constitution and The Border Feb 08, 2024

One of the biggest events in the news lately has been the situation at our southern border and illegal immigration. Texas, due to its lengthy border with Mexico, is front and center in this discussion that involves the role both state and federal governments play in immigration. While the U.S. Constitution says Congress has the authority to write immigration-related laws and the executive branch has the authority to implement these laws, what can a state do if the laws are not carried out? Joining our all-star student panel to answer this, we are pleased to welcome Lora Ries, Director of the Border Security and Immigration Center at The Heritage Foundation.

Ep. 197 - The U.S. Constitution and National Sovereignty Feb 02, 2024

Since World War II, the United States, as the world’s lone superpower, has promoted democracy around the world with a focus on the longevity of the nation-state. After all, a nation-state that is whole and free, holds free and frequent elections and is representative of its people will tend to have greater stability, less war, more prosperity and greater trade opportunities. But as our guest discusses, lately we are seeing a greater build-up of multi-lateral and regional organizations to replace the nation-state. How can the US foster a greater reliance on the nation-state as the core unit of analysis? How can we promote relationships between nation-states, instead of regional bureaucracies, for more prosperity? Joining our student panel, we are thrilled to welcome Dr. Kiron Skinner, Taube Professor of International Relations and Politics at the Pepperdine School of Public Policy.

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

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

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

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

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

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

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

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

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

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

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.

Ep. 186 - The Third Amendment: Is It Relevant Today? Oct 19, 2023

At first glance, in a contemporary view, the Third Amendment may seem like a relic from the founding era of our country. Today, it would seem strange for the military to require homeowners to house and feed soldiers. We think it just would not happen. Perhaps the certainty around it not happening today should be attributed to the Third Amendment’s success: being so unambiguous and precise when it was written. Join our all-star student panel and returning guest Hans von Spakovsky, Senior Legal Fellow at the Heritage Foundation, for this insightful discussion on this oft-overlooked yet critical amendment and the important founding principles it reflects, including the right to property.

Ep. 185: The Second Amendment: Can a Governor Issue an Executive Order to Restrict Gun Rights? Oct 12, 2023

Last month the governor of New Mexico issued a temporary public health order restricting the carrying of firearms in Albuquerque and Bernalillo County. The bipartisan pushback against this order was swift and she later amended the order to only apply at parks and playgrounds. From where, if anywhere at all, did the governor derive such a power? Does this conflict with the second amendment and laws that allow for carrying of firearms? This is the topic we are discussing today. Joining our all-star student panel, we are honored to have John R. Lott, Jr., President of the Crime Prevention Center, as our special guest for this important discussion.

Ep. 184 - The First Amendment & Government Intrusion in Social Media Oct 06, 2023

Free speech in the First Amendment protects us from government censorship but not private censorship. This means the government cannot censor your speech but a private entity such as a newspaper does not have an obligation to publish your speech. Continuing this analogy, are social media companies more like a newspaper where they can pick and choose which speech to publish or more like a telephone company where they allow all speech regardless of content to use their infrastructure? What happens when the government wants to stifle otherwise free speech, but doesn’t have the grounds to do so? We’ve seen a troubling trend of the government pressuring social companies to censor speech. Joining our all-star student panel to discuss this trend, we are excited to welcome Brad Smith, Professor of Law at Capital University, former FCC Chairman and founder and Chairman of the Institute for Free Speech for this informative discussion.

Ep. 183 - Justice In The Supreme Court Sep 29, 2023

Court with lifetime appointments. They decide the most pressing issues of federal law. Did you know the Court regularly receives over 7,000 annual petitions for a case to be heard, but only accepts 60-70 cases per year? Did you know the 9 justices get to decide which cases they hear? Did you know the justices employ a few dozen law clerks to help them work through their caseload? Our guest today has the incredible accomplishment of clerking for not just one Supreme Court Justice but two, and a third justice before he was elevated to the Supreme Court. Whitney Hermandorfer works as Director for Strategic Litigation in the Tennessee Attorney General’s Office and we are excited to welcome her alongside our all-star student panel for this incredible conversatio

Ep. 182 Justice Inherent in Our Inalienable Rights Sep 22, 2023

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Regular followers of Constituting America understand the importance of this passage from the Declaration of Independence and our natural rights: rights given to us by God that can never be taken away. But take this a step further and you see how these inalienable rights begin to create our system of justice. Without natural rights, rights become merely a privilege and can be taken away…justly or unjustly. We are delighted to have Dr. Jason Stevens, Visiting Assistant Professor of Political Science at Ashland University, joining our all-star student panel as we dig deeper into our natural rights to find our foundation of justice.

Ep. 181 – Justice in our Checks and Balances Sep 15, 2023

Our federal government is divided into three branches and each branch has certain powers over the others. We identify this as separation of powers and checks and balances. What if all three powers were held in one set of hands? That government would be the definition of tyranny. Our founders knew government is both necessary and very dangerous so they created this system so today we can ensure equal protection of equal rights for all citizens. We are delighted to welcome Dr. Thomas Krannawitter, President of Speak Easy Ideas, and our all-star student panel for this discussion of checks and balances.

Ep. 180 – Lady Justice — Why the Blindfold? Sep 07, 2023

The United States Supreme Court has various depictions of Lady Justice in and around the building. These depictions portray her with three items: a blindfold, scales and a sword. The blindfold and scales suggest the use of reason and logic in judicial judgement. The sword suggests the strength to carry out that judgement. Have you wondered how the concept of an independent judiciary furthers the separation of powers because one branch of government cannot be the judge in its own case? To elaborate further on these fascinating themes, we are delighted to have Richard Reinsch, Director of the B. Kenneth Simon Center for American Studies and AWC Family Foundation Fellow at The Heritage Foundation, join our all-star student panel for this insightful discussion.

Ep. 179 – The Conscience of America – the Declaration of Independence! Sep 01, 2023

Regular followers of Constituting America understand our appreciation for the Declaration of Independence as one of the most groundbreaking documents ever written. Did you know this document was crafted as a logical argument listing both major and minor premises against the Crown making the case for colonial independence? It also illustrates three levels of justice: natural law, legal justice and what can best be described as justice related to conscience. Joining our all-star student panel, we are excited to have William Morrisey, former Professor at Hillsdale College returning as our special guest as we discuss this historic document as America’s conscience.

Ep. 178 - America's Principle of Civic Duty Aug 25, 2023

John Adams wrote, “Liberty can no more exist without virtue and independence than the body can live and move without a soul.” To understand the need for civic duty, one must fully grasp civic virtue and to fully grasp civic virtue, one must have a civic education. Understanding the hows and whys of our governmental system is vital in knowing how we can best participate and contribute to that structure. We are excited to have Charles “Cully” Stimson, USN, Retired, returning as our special guest with our all-star student panel for this exciting and “virtuous” discussion.

Ep. 177 - America's Principle of Meritocracy Aug 18, 2023

Not very long ago, the circumstances to which you were born largely dictated the path your life took. If you were born into the aristocracy, you likely died the same way. If you were born into poverty, you likely died the same way. The United States ushered in a new era of thinking: meritocracy. It is this notion that a people should rise and fall based on their achievements and not the circumstances of their birth or membership in a social class. We take this for granted today, but this was a novel idea in the late 18th century. So what are the merits of a meritocracy? How does it foster innovation and hamper cronyism? To help us grasp this concept, we are delighted to welcome back our all-star student panel and Andrew Langer, President of Institute for Liberty, for this “meritorious” discussion.

Ep. 176 - America's Principle of National Sovereignty Aug 11, 2023

American sovereignty is such a fundamental ideal in the American experiment that it’s mentioned in both the opening and closing of the Declaration of Independence. Succinctly, sovereignty is the power to do something and shapes our ability as a people through our elected representatives to make decisions that are best for us. Why were the Founders so concerned with sovereignty? Why was it so necessary not just to win it but maintain it? We are pleased to have our student panel joined by returning guest Christopher C. Burkett, Director of the Ashbrook Scholar Program and Associate Professor of Political Science at Ashland University, to shed light on this vital concept.

Ep. 175 - America's Principle of Constitutional Restraint Aug 03, 2023

The Declaration of Independence so eloquently laid out “charges” against the Crown - detailing why independence was necessary. The test of the Constitution is whether or not it serves the goals and aims of the Declaration of Independence. In the Constitution, the Founders had to strike the proper balance of liberty and order as our new nation was leaving an oppressive government behind while at the same time providing stability for its citizens. In order to accomplish this lofty objective, our Founders needed to empower government but at the same time restrain it. Nearly 250 years into the American experiment, we are still working to create our “more perfect union.” Join our guest Constitutional expert Professor Paul Carrese, founding director of the School of Civic & Economic Thought and Leadership at Arizona State University, and our all-star student panel as we explore how we empower and restrain our government through checks and balances, separation of powers and federalism.

Ep. 174 - America's Principle of Knowing Classical History Jul 28, 2023

What can history teach us? Well…everything! Our Founding generation understood history and studied it when creating the framework for our country. From ancient city-states to the fall of empires, our Founders looked at what did and did not work in past governments. One can argue our current government, this great experiment in self-governing is an amalgamation of previous forms, choosing the best traits but leaving out the worst. Joining our all-star panel, we are pleased to have returning Joe Loconte, Senior Fellow at the Institute on Religion and Democracy and Senior Fellow at King’s College in New York, for this insightful and “historic” discussion.

Ep. 173 - America's Principle of Providence Jul 24, 2023

Americans love a good origin story. This love carries into the origin story of our country. Today, we are discussing the role of Providence and faith in the origin story of the United States. What role did religion have on our founders and how is that root belief carried on today? To help us unpack this topic, we are delighted to welcome Nathanael Blake, a Postdoctoral Fellow at the Ethics and Public Policy Center, and our all-star student panel for this “origin story” discussion.

Ep. 172 - America's Principle of Self Governing Jul 14, 2023

What is popular government? What do we mean when we say we are self-governing? In his 1863 Gettysburg Address, President Lincoln summarized it rather clearly: “…that government of the people, by the people, for the people…”. According to our guest, in those few word Lincoln answered who creates our government, who administers our government and for what purpose. Join our guest expert, Adam Carrington with Hillsdale College, and our all-star student panel for this informative discussion on popular government.

Ep. 171 - First Principles of the American Founding: The Declaration of Independence and Natural Law Jun 29, 2023

In drafting the Declaration of Independence, Thomas Jefferson put a specific emphasis on natural law and weaved that theme throughout the entire document. While the Declaration of Independence did not create the new United States government. it severed ties with our previous government so a new one could be formed, and set out important principles upon which our new government would be based. What exactly is natural law, of which Jefferson so eloquently wrote? How do we “know” these “self-evident” truths? From what further historical inspiration did Jefferson derive the Declaration Independence? To help us unravel the philosophical foundation of this groundbreaking document, we are pleased to have Tony Williams, author and Senior Teaching Fellow at the Bill of Rights Institute, returning to join our student panel as we begin a new series on the timeless principles of the American founding.

Ep. 170 The Communist Dictatorship of Cuba Jun 28, 2023

It’s only about 100 miles from the southern tip of Florida, yet couldn’t be more different than its American neighbor. Cuba is yet another example of a revolution that promised change but then turned on its people to usher in a communist dictatorship. While Cuba has a constitution that enshrines rights, those rights are seldom recognized by the government. Article 56 of their constitution guarantees a right to assemble, demonstrate and associate but government dissidents are often jailed, tortured or disappear. Join our guest expert John Barsa, executive director of the Foundation for Human Rights in Cuba and the former acting administrator for USAID, and our all-star student panel for further insight into our neighboring country.

Ep. 169 The Communist Party of China vs. Our U.S. Constitution Jun 16, 2023

Oppressive states and regimes run by a dictator have something in common; an iron grip on every aspect of their citizens’ lives. Basic freedoms-like speech, assembly, religion-don’t exist in these countries. As westerners, we read about these oppressions. But every now and then, we are able to hear a first-hand account of what happens inside these secretive governments. We are honored that today is one such day. Our guest is Chen Guangcheng. An activist and lawyer, Chen was beaten, jailed and placed under house arrest by the Chinese government. In April 2012, Chen escaped house arrest and was given refuge in the US embassy in Beijing. In May 2012, Chen and his family were granted US visas and they came to the United States. We are beyond excited to have Chen as our special guest, joining our all-star student panel, for this insightful and first-hand account into life inside the People’s Republic of China.

Ep. 168 The Authoritarian Regime of Venezuela vs. Our U.S. Constitution Jun 08, 2023

It was once the richest country in South America with the largest proven fossil-fuel reserves in the world, according to the World Economic Forum. In just 24 years, this country now sees over half its population living in poverty. In today’s chat, we are of course talking about Venezuela. Venezuela, which became socialist through a democratic election in 1999 when Hugo Chavez came to power, serves as a cautionary tale. For a deeper dive into what went wrong in Venezuela, we are pleased to have Daniel DivMartino as our returning guest along with our all-star student panel. Daniel is a native Venezuelan and graduate fellow at the Manhattan Institute. Join us for this fascinating discussion!

Ep. 167 The Dictatorship of Russia vs. Our U.S. Constitution Jun 02, 2023

It’s only existed for 31 years. It covers roughly 1/8 of all inhabitable landmass on earth with a population of 143 million. It has a constitution and a parliament but for 23 years, it has been ruled by one individual. Today, we are discussing the dictatorship of the Russian Federation and its ruler, Vladimir Putin. How did Putin come to power and consolidate his iron grip over his country following the dissolving of the Soviet Union in the 1990s? What strides towards democratization was the Soviet Union making? What is the status of basic civil liberties like freedom of speech, freedom to dissent and freedom to protest? For all of these answer and many more, join our all-star student panel and our special guest, Mark Kramer, Director of the Cold War Studies Project at the Davis Center at Harvard University, as we unpack the Russian Federation.

p. 166 The Dictatorship of North Korea vs. Our U.S. Constitution May 25, 2023

Look at a map of the Korean Peninsula at night. In the southern half of the peninsula, you will see pockets of bright lights denoting South Korea’s cities and population centers. In the northern part, you will see an expanse of a dark expanse with the occasional tiny light. That’s not an ocean or other body of water. That’s North Korea, an absolute dictatorship and one of, if not the most, isolated countries on Earth. How did this happen? Does North Korea have a Constitution? What is the relationship between the people and their government? What role does “juche” play in the lives of North Koreans? To help us understand this country, we are pleased to welcome Suzanne Scholte. Suzanne is a noted human rights activist, president of the Defense Forum Foundation is the vice co-chair of the U.S. Committee for Human Rights in North Korea. Thank you for joining Suzanne and our student panel for this eye-opening discussion on the Democratic People’s Republic of Korea (DPRK).

Ep. 165 The Absolute Monarchy of Saudi Arabia Vs. Our U.S. Constitution May 18, 2023

In our previous chat, we discussed how Iran’s form of government is a republic in nature, similar to our own republic, but is decidedly authoritarian in substance. In today’s chat, we are discussing Saudi Arabia, a country that lacks those same institutions in favor of an absolute monarch. Leading a country of roughly 38 million, the Saudi king is the head of the ruling family that dates back over 300 years to the First Saudi State. What do you know about how this country was formed and how it is ruled? What type of legislative body does Saudi Arabia have and how are its legislators chosen? What role does Wahhabism play in every aspect of the Saudi government? How is this country looking towards the future through its Vision 2030 effort? To help us unpack these questions, we are delighted to have Ilan Berman, Senior Vice President of the American Foreign Policy Council in Washington, DC, join our all-star student panel for this exciting discussion.

Ep. 164 Iran’s Authoritarian Regime Vs. Our U.S. Constitution May 11, 2023

This country has a constitution which establishes an executive, legislature and judiciary. They have rights guaranteed under the law. No, we are not talking about the United States. Today we are discussing Iran. Although their Constitution May resemble ours, in practice, their government operates very very differently. Join us as we discover how and why and discuss just who the Ayatollah is, what is “Guardianship of Islamist Jurist and much more! Joining our panel is our guest speaker Dr. James S. Robbins, Academic Dean of the Institute for World Politics, writer for USA Today and Senior Fellow on the American Foreign Policy Council, for this insightful discussion on the Islamic Republic of Iran.

Ep. 163 Artificial Intelligence & The Constitution May 04, 2023

When you hear the term “Artificial Intelligence,” what comes to mind? Seemingly overnight, AI has become a topic of daily conversation with the rise of Chat GPT in 2022. But what exactly is AI? How can it be used? What are the Constitutional issues raised with AI? What are the potential effects on our civil rights and civil liberties? These are the questions we tackle in this week’s Constitutional Chat. Joining our all-star student panel, we are excited to welcome privacy and cyber-security expert Dan Caprio, Co-Founder and Executive Chairman of the Providence Group to hep us unravel all things AI.

Ep. 161 The State Department: Diplomatic Protection Apr 21, 2023

The Department of Foreign Affairs started off as the first Department of the executive branch with 6 employees led by Thomas Jefferson in 1789. Now it’s called The United States State Department and employs 75,000 and maintains diplomatic relations with around 180 countries. But what do you know about this historic agency and the work it does around the world? What is its role in International diplomacy, national security and advancing US interests overseas? Why is it a good idea to register with the State Department when traveling overseas? And what is an Ambassador and how can you become one? To answer all of these questions and many more, we are delighted to have Former U. S. Ambassador to Estonia and President of the Institute of World Politics, Aldona Woś, joining our all-star student panel for this informative and insightful chat.

Ep. 160 The Expansion of the IRS and You Apr 13, 2023

Ben Franklin wrote in 1789, “…nothing is certain except death and taxes.” Our chat today is all about the IRS and our taxes. Last year, as part of the Inflation Reduction Act, Congress approved $80 billion in new IRS funding. How exactly is this money going to be spent? Will it lead to an increase in audits for everyday taxpayers? Why did Congress allocate this money related to reducing inflation? For these answers and so many more, join our all-star student panel and the Heritage Foundation’s Preston Brashers for this insightful chat on the “certainty” of the IRS.

Ep. 159 The FBI, CIA & Homeland Security - and our National Security Mar 30, 2023

Ever heard the term “alphabet agencies?” It often refers to various federal government agencies that have usually 3-letter names. Many of these are in the national security community: DHS, CIA, FBI, NSA, DIA, ODNI and many more. What exactly do you know about the various agencies and their mission? When were they formed and for what purpose? How did September 11th change the scope of their missions? We have a lot to unpack in this week’s chat. Joining our all-star student panel, we welcome Dustin Carmack, Research Fellow, Cybersecurity, Intelligence, and Emerging Technologies, Border Security and Immigration Center with the Heritage Foundation to help us understand these agencies and their role in national security.

Ep. 158 The Financial Crisis and National Security - American Vulnerability Mar 23, 2023

What exactly do you know about the debt and debt ceiling? What are they? Think of the debt ceiling like the credit limit on a credit card and the debt is the total sum of all that spending. In this analogy, wisdom would say spending should be kept to a minimum and the balance paid off in full each month. Unfortunately, this is not how our federal government operates and we routinely rack up debt future generations will have to pay off without their approval. We have been accruing national debt from the moment our country was born. In addition to our student panel, we are pleased to welcome Veronique de Rugy, the George Gibbs Chair in Political Economy and Senior Research Fellow at the Mercatus Center at George Mason University and a nationally syndicated columnist. Her writing and research focuses on the economy, taxation and the federal budget.

Ep. 157 - Social vs. Anti-Social Media - What Is The Government’s Role? Mar 16, 2023

What would the Founders think of social media’s unlimited and instant communication across the country and around the world? Would they try to regulate it? From what authority could the Founders and subsequent government actually regulate social media? What are the main differences between social media entities and TV or radio which use public spectrum to broadcast? These are questions worth pondering as we discuss the government’s role in social media in today’s chat. We are honored to welcome our guest, Carl Szabo, Vice President and General Counsel of NetChoice and Adjunct Professor of Internet Law at George Mason Antonin Scalia School of Law and our student panel for this informative and lively chat.

Ep. 156 - Fentanyl & the Border Crisis Mar 09, 2023

We share a 1,951 mile border with Mexico and that border sees millions upon millions of border crossings involving people and vehicles. Seemingly on a daily basis in the news cycle, we hear news related to the border. In this week’s chat, we are honored to have two guests who have seen events unfold along the border in person: Former Acting United States Secretary of Homeland Security Chad Wolf and Chairman of Maricopa County Board of Supervisors Clint Hickman. In this wide-ranging chat, we discuss numerous topics ranging from legal and illegal immigration, ongoing violence, fentanyl, cartels and what our government can and should do in response. Thank you for joining our student panel and actress Janine Turner for this insightful and frank discussion.

Ep. 155 - TikTok, Balloons, China: What You Should Know Mar 04, 2023

It has a population more than 4 times that of the United States. It produces goods and services we use in our daily lives. In our modern economy with the free-flow of information and high levels of technology, one must wonder the impact the Chinese Communist Party (CCP) has on the global economy. Here’s an interesting point to ponder as we get into today’s discussion: China invents very little. That innovation comes from abroad. Yet the CCP has a near universal hold on the exchange of information within their country. How does the CCP manage to maintain this control? How did the cultural revolution in the 1960s and 1970s in China lay the groundwork for today’s level of control? How is a seemingly harmless app like TikTok used as a function of the CCP to push propaganda within China and abroad? To answer these questions, we are thrilled to have Steve Yates, Chair of the China Policy Initiative with the America First Policy Institute, join our all-star panel for this eye-opening discussion.

Ep. 154 - George Washington's Leadership Secrets Feb 23, 2023

His father died when was 11. His formal education ended at 14. By 17, he had mastered trigonometry and geometry and worked as a surveyor in the American West. Beyond that, he was a solider, leader and our country’s first President. Yet, among all of his extraordinary accomplishments, Washington showed our new country what leadership was and is. After victory in the revolutionary war, he resigned his military commission, rather than attempting to seize power. He led the Constitutional Convention by barely speaking a word. And at the end of his term as President, he walked away and allowed the Presidency to pass on to another. He showed us leadership traits in his ability to communicate, collaborate and be civil. He taught us the importance of trust in those who work under you and the need for humility. President Washington is the archetype of the modern leader and his influence runs directly through each of his presidential successors. Discussing the legacy of President Washington, we are thrilled to have an incredible leader joining our panel, Read Adm. (ret) Peter Cressy, Ed D a renowned expert on leadership. Joining the Admiral, we have our all-star panel returning to discuss the incredible leadership lessons of President Washington.

Ep. 153 - The U.S. Congress Today: Is Bipartisan Legislating Possible Anymore? Feb 17, 2023

Political parties. President George Washington warned against the rise of political parties (then, the Democratic-Republicans and the Federalists), going so far to say they could be used “to subvert the Power of the People” in his Farewell Address in 1796. In our current Congress, we have seen play out what Washington was warning us against. In this episode we are discussing bipartisanship and taking a look at just how feasible bipartisanship is in today’s political climate. We are thrilled to welcome two freshman members of congress: Rep. Hillary Scholten (D-MI) and Rep. Mike Lawler (R-NY). Join our all-start student panel in this special episode as we discuss how these members of Congress have already worked together in Congress, how members interact with each other on the House floor and the future of bipartisan legislating!

Ep. 152: The Oversight System Feb 10, 2023

You won’t find Congress’ oversight and investigations power in the U.S. Constitution, but it’s one of the most important tools Congress has to do its job! Through Congressional Committees and their oversight and investigations work, Congress serves as a watchdog over the executive branch and researches national issues in need of legislative solutions. Today we discuss congressional oversight and investigation history going back to the first oversight hearing in 1791 over the Battle of the Wabash, to today, including some of the most high profile and contentious hearings in our nation’s history. Join us as we discuss how congressional oversight and investigations functions and from where it derives its power. We are happy to welcome back returning Constitutional expert Scot Faulkner, the first Chief Administrative Officer of the U.S. House of Representatives, and our all-star student panel for this insightful discussion.

Ep. 151: The Committee System Feb 03, 2023

Members of Congress legislate on a wide range of issues: education, energy, agricultural, space, finance, taxation, national defense, immigration, to name a few. Can we reasonably expect members to be well-versed in the particulars in each of these issues as they pertain to upcoming or pending legislation? Not likely. Enter the committee systems. Over 200 congressional committees and sub-committees exist to address these issues. We are discussing the history of these committees and how they are used in today’s political climate. We are honored to have Former Member of Congress Vin Weber joining our student panel for this insightful discussion.

Ep. 150: Congress & The Constitution: The Leadership Jan 27, 2023

There are 535 members of Congress: 435 in the House and 100 in the Senate. Each member has their own priorities and agenda. With so many differing priorities, how does anything get done? Enter party leadership. Regular Constituting America viewers know the roles of a U. S. Representative and Senator, but how much do you know about the congressional leadership? There’s a Speaker of the House, House and Senate Majority and Minority leaders, Majority and Minority Whips. There’s a President Pro Tempore in the Senate. What exactly do they do and how are they selected? Joining our student panel, we are excited to have Marc Lampkin, Capitol Hill veteran and aide to former House Speaker John Boehner, to help us understand how the congressional leadership functions.

Ep. 149 - History the U.S. Senate Jan 20, 2023

What do you really know about the US Senate? You probably know there are 100 US Senators and they are elected every six years. And that there are two per state. But do you know why? The Senate has equal representation among the states for a reason that dates back to the Great Compromise of 1787 and is generally more prestigious than the US House of Representatives. We dive into each of these issues in today’s chat. We are pleased to have Katherine Scott, Associate Historian in the US Senate Historical Office, join our all-star student panel to discuss the how and why of the US Senate.

Ep. 148 - History the U.S. House of Representatives Jan 12, 2023

It’s March 1789. You’ve been elected to serve your community as a member of Congress. You arrive at Federal Hall in New York City to begin your service. You are assigned a desk and…that’s it. No office. No support staff. It’s a far cry from today where members have staff and offices in DC and in their districts. We are continuing our discussion on Congress and the Constitution by discussing the history of the House of Representatives. Who better to discuss this history than the Historian of the United States House of Representatives Matt Wasniewski? We are excited to have Matt with us alongside our all-star student panel for this informative discussion!

Ep. 147 - Congress & The Constitution Jan 06, 2023

435 members from all 50 states. Elected every two years. Created by Article I of the United States Constitution. Regular listeners of our podcast will know from these facts we are talking today about our U.S. House of Representatives. What does Congress do? How does it function? How well do members of Congress know the Constitution? Today we are kicking off a new series in which we will be discussing everything related to Congress and the Constitution! To kick off this series, we are excited to have 13-term Retired and former House Judiciary Chairman Rep. Bob Goodlatte as our guest constitutional expert, along with our all-star student panel.

Ep. 146 - The Tenth Amendment – Reserved To The States Or The People Dec 15, 2022

Once again, the Founders are showing off their talent to address complex issues succinctly in the Bill of Rights with the Tenth Amendment. At just 28 words, the 10th amendment has a profound impact on the side-by-side existence of federal law and state law. Simply put, powers not delegated federally are reserved to the states. Paraphrasing Madison assuaging the concerns of the Antifederalists in Federalist No. 45, the constitutional powers of the federal government are “few and defined” while the remaining powers to the states are “numerous and indefinite.” Thank you for joining our alll-star panel, including the return of Constituting America Founder, Actress Janine Turner, and our special guest, Dr. Jeffrey Sikkenga of The Ashbrook Center at Ashland University, as we wrap up our study of the Bill of Rights.

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

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

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

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

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

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

“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

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.

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