Stay ConnectedThis Constitution is an every-two-weeks podcast ordained and established by the Center for Constitutional Studies at Utah Valley University, the home of Utah’s Civic Thought & Leadership Initiative.
Co-hosted by Savannah Eccles Johnston and Matthew Brogdon, This Constitution equips listeners with the knowledge and insights to engage with the most pressing political questions of our time, starting with Season 1, focusing on the powers and limits of the U.S. presidency.
Copyright: © 2024 This Constitution
In this episode, hosts Savannah Eccles Johnston and Matthew Brogdon examine the presidential veto — what it is, what it isn’t, and why it remains one of the most potent constitutional powers in modern governance.
They dissect the mechanics of Article I, Section 7, and explain the differences between the qualified veto (which Congress can override) and the pocket veto (which Congress cannot). Along the way, they revisit presidential losers like Andrew Johnson, discover why Reagan and Clinton both wanted a line-item veto and explore why even the threat of a veto is often more powerful than the veto itself.
Plus, a special focus on the institutional tug-of-war that defines the separation of powers and how the veto isn’t just a tool for lawmaking, but a key part of constitutional interpretation.
In This Episode
Notable Quotes
[00:02:06] “The president can veto a bill, subject to two-thirds override, but the word ‘veto’ doesn’t even appear in the Constitution.” — Savannah Eccles Johnston
[00:04:29] “The pocket veto isn’t in your face. It’s like, ‘Oops, I forgot to act and now all your legislative effort is dead.’” — Savannah Eccles Johnston
[00:11:24] “This almost feels like an absolute veto because you could never muster the political will to override it.” — Savannah Eccles Johnston
[00:24:30] “Congress can’t get its house in order, so they ask the president to run it for them.”
— Savannah Eccles Johnston
[00:29:14] “Sometimes a veto message gets overridden, but the constitutional argument inside it eventually wins.” — Matthew Brogdon
[00:31:00] “The constitutional system is structured so that each branch has to interpret the Constitution for itself.” — Matthew Brogdon
Resources and Links
This Constitution
Savannah Eccles Johnston
Matthew Brogdon
Checks, Balances, and Budget Showdowns
The President can’t spend a dime without Congress. But how often does Congress actually say no?
In this episode, hosts Savannah Eccles Johnston and Matthew Brogdon examine the constitutional power of the purse and how budget appropriations and oversight give Congress a critical check on the presidency. From historical roots in the British monarchy to today’s broken appropriations process, they unpack how Congress’s power to control money—and monitor how it’s spent—shapes our modern government.
They also explore the decline of meaningful oversight, the rise of political theater, and why the legislative branch struggles to rein in a powerful executive. From Defense Department spending to GAO reports no one reads, this episode dives into how Congress could reclaim its institutional strength… if it wanted to.
In This Episode
Notable Quotes
Executive Agreements vs. Treaties: Skirting the Constitution?
What makes a treaty binding? Who holds the power to shape U.S. foreign policy, the President or the Senate?
In this episode, hosts Savannah Eccles Johnston and Matthew Brogdon unpack the constitutional roots and modern challenges of the U.S. treaty-making process. From Washington's awkward Senate visit to Wilson’s League of Nations failure, they trace the battle over presidential diplomacy and legislative oversight.
The conversation moves from 18th-century compromise to 21st-century executive agreements, exploring how the Constitution’s sparse language on treaties has led to decades of political, legal, and procedural improvisation.
If you’ve ever wondered why the Senate approves treaties, how executive agreements avoid that step, or whether a president can unilaterally exit NATO, this episode is for you.
Key Takeaways
In This Episode
Notable Quotes
[00:03:48] "This is the only time that Washington sort of loses his cool in public as president… he winds up storming out of the Senate chamber." — Matthew Brogdon
[00:07:18] "Washington basically says, 'I tried that. That doesn’t work. All you get to do is say yes or no.'" — Savannah Eccles Johnston
[00:12:42] "The Constitution puts the Senate in the president's sandbox whenever it comes to the treaty power." — Matthew Brogdon
[00:19:35] "So much of America’s interactions with the world are kind of weird because we act as if the president has unilateral authority on foreign affairs—and he doesn’t." — Savannah Eccles Johnston
[00:24:55] "We had a treaty obligation to Taiwan... In order to establish diplomatic relations with China, we had to rescind any recognition of Taiwan." — Matthew Brogdon
[00:31:11] "Any future president can just disregard or ignore [an executive agreement]... It’s a commitment of that particular president." — Matthew Brogdon
A Supreme Court justice serves for life, no term limits. No reelection. Almost no way to remove them. So… who decides who gets that kind of power?
In this episode, hosts Savannah Eccles Johnston and Matthew Brogdon explore the constitutional design, evolution, and growing controversy of judicial confirmations. From the first public hearing 1916 to today’s highly publicized nomination battles, they unpack how these confirmations have transformed from quiet votes to political showdowns.
The conversation ranges from history to process to philosophy—covering why lifetime judicial appointments raise the stakes, how public hearings shape political narratives, and why the Supreme Court has become such a powerful player in our democracy.
Whether you're a court watcher or a civic nerd, this episode offers insights into the tensions, strategies, and consequences of placing judges on the highest bench in the land. Let’s dive in!
In This Episode
Notable Quotes
Why did the American Revolution begin with armed conflict in 1775, more than a year before the Declaration of Independence? What was the significance of Lexington and Concord, and how did these events set the stage for what would become a bitter struggle for independence? In this episode of This Constitution, host Matthew Brogdon is joined by renowned historian Professor Jeremy Black to dive deep into the history of these pivotal moments.
Together, they explore how the conflict in Lexington and Concord was not just about a small skirmish but the spark that ignited the broader American Revolution. They discuss the political, social, and military context, the role of loyalists, and the challenges faced by both the British and colonists as they reluctantly moved toward war.
With historical anecdotes, constitutional analysis, and insightful perspectives on the American struggle for independence, this episode provides a comprehensive understanding of one of the most critical moments in American history.
In This Episode
Notable Quotes
[00:01:24]
"What went wrong was, as we all know, a British attempt to take over an illegal arms dump leads to resistance." – Jeremy Black
[00:18:30]
"It shows considerable fortitude, and I think fortitude is a key element because some people were clearly, we know from all sorts of an analysis of people that fight, that many of them are frightened, some of them are terrified." – Jeremy Black
[00:21:00]
"The regulars were also brave men, and we should never forget that." – Jeremy Black
[00:19:00]
"What I'm gaining from your description of this is that the American Revolution presents us with a kind of tension. We've had an American identity that developed through a kind of self-government that had happened in some colonies in New England for 150 years, since the 1630s." -Matthew Brogdon
Resources and Links
This Constitution
Jeremy Black
https://jeremyblackhistorian.wordpress.com/
Matthew Brogdon
Why does the President need the Senate’s approval to appoint people to the executive branch? Why is it so hard to get those people confirmed? And has the whole process become more about political theater than public service?
In this episode of This Constitution, hosts Savannah Eccles Johnston and Matthew Brogdon unpack the constitutional roots and modern realities of executive confirmations. They explore how this check on presidential power has evolved over time, starting from full floor debates to closed-door committees and now, into viral, made-for-TV public hearings.
Savannah and Matthew explain why Senate confirmation was never a given, how firing power differs from hiring power, and what makes this process both essential and inefficient. They also take on key issues: Are there too many confirmable positions? Is the Senate spending too much time playing politics instead of governing? And is reform even possible?
With historical anecdotes, constitutional insight, and present-day implications, this episode offers a comprehensive look at how and why executive confirmations matter more than ever.
In This Episode
Notable quotes
[00:02:08]
"This quality control matters here in this process. We're making sure that people who hold these positions of immense public trust are verified, decent, capable, competent people." —Savannah Eccles Johnston
[00:03:32]
"The Constitution only has one thing to say about removing people from office, and that is the impeachment power… but it’s really a nuclear option." —Matthew Brogdon
State vs. Federal Power: How Identity Shapes American Democracy
Do you feel more Texan than American? If you had to choose, would you say you’re a Texan first and an American second? What about an Alaskan, a New Yorker, or a Californian? For much of U.S. history, people identified more with their state than the nation itself—and in many places, that state pride still runs deep.
But does state identity actually shape the way we govern? Can it influence trust in government, political engagement, and even pushback against federal laws?
In this episode of This Constitution, host Savannah Eccles Johnston sits down with Dr. Emily Pears, a government professor at Claremont McKenna College, to explore how federalism and state identities continue to influence American governance. The discussion kicks off with a historical look at how early Americans identified more with their states than the nation, a dynamic the founders leveraged to balance power between state and federal governments.
Dr. Pears explains that while state identities have weakened, they still shape political behavior—affecting trust in state governments and fueling resistance to federal authority in states like Texas, Alaska, and Utah. She highlights real-world examples, such as the legalization of marijuana in 24 states despite federal prohibition and Utah’s Sovereignty Act, which challenges federal intervention. Rather than outright rejecting federal laws, states are testing the limits of their authority, maintaining a delicate constitutional balance.
Looking ahead, Dr. Pears foresees the need for civic education to help Americans understand federalism and engage more actively in state governance.
Tune in for this fascinating conversation on how state identities continue to shape American democracy.
In This Episode
(00:00:03) Introduction to the episode
(00:00:15) The Constitution as a blueprint
(00:00:27) Introduction to Dr. Emily
(00:01:15) State identities at the founding
(00:02:27) Federalism and state power
(00:03:57) Relevance of state identities today
(00:05:22) Personal state identity
(00:05:55) State identity in Texas
(00:06:27) State identity in Utah
(00:08:06) Role of state identities in checks and balances
(00:09:33) Impact of weak state identities
(00:11:21) Partisanship and state identity
(00:14:22) Examples of state pushback
(00:15:42) State authority and federal intervention
(00:16:29) Understanding nullification
(00:17:12) Marijuana laws and state responses
(00:18:33) Testing federal authority
(00:20:01) Future of state power
(00:21:39) Importance of federalism
(00:22:08) Civic education and state awareness
(00:23:56) State identity as a unifying factor
(00:25:32) Engaging with state identity
Notable Quotes
What if the very system designed to keep our leaders in check… is starting to fail?
In this episode of This Constitution, hosts Savannah Eccles Johnston and Matthew Brogdon kick off Season 2 with a deep dive into the delicate balance of power in the U.S. government. They break down the difference between checks and balances and the separation of powers—two critical mechanisms that prevent tyranny.
Through fascinating historical moments like FDR’s court-packing plan and Nixon’s resignation, they reveal how these principles have been tested over time. But what about today? With rising partisanship and a weakened Congress, are we at risk of losing the safeguards that keep our democracy intact?
Join the conversation and discover why your voice matters in upholding these fundamental protections. Listen now and stay engaged in the fight for a balanced government!
In This Episode
Notable Quotes
Resources and Links
This Constitution
How can the words of a 16th-century playwright possibly hold the key to understanding American governance today? The answer may lie in the very heart of classical education—a time-tested foundation for thoughtful leadership and civic responsibility. Shakespeare’s plays, brimming with powerful depictions of power, virtue, and moral conflict, weren’t just created to entertain; they were crafted to challenge the mind and educate the soul.
In this episode of This Constitution, Matthew Brogdon sits down with Dr. Carol McNamara, the director of the Great Hearts Institute for Classical Education, to unravel the profound connections between Shakespeare’s works and the values that shaped our nation. Together, they explore how classical education, particularly through literature like Shakespeare’s, illuminates the role of governance, virtue, and civic engagement in a thriving democracy. Dr. McNamara reveals how Shakespeare’s exploration of political regimes, from absolute monarchy to the Roman Republic, sheds light on the complexities of leadership, while also emphasizing the importance of an informed citizenry.
Could it be that by revisiting the classics, we find the very principles that can guide us toward better governance? Tune in to discover how the timeless wisdom of Shakespeare and classical education can shape the leaders of tomorrow, and why it’s more relevant than ever in understanding our civic duties today.
In This Episode
Notable Quotes
Our Guest
Dr. Carol McNamara is the Director of the Great Hearts Institute for Classical Education, where she leads initiatives to renew classical education. Previously, she held key roles at Arizona State University, including Senior Director at the Center for Constitution
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