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PODCAST

Constitutional Chats Presented By Constituting America

Constituting America

Constitutional Chats are hosted by Janine Turner, Cathy Gillespie, student ambassadors, and experts who join us weekly to discuss hot-topic issues! The audience is not on camera, but you may ask questions!

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All Episodes

56:46

Ep. 145 - The Ninth Amendment - Rights of People

Constitutional Chats Presented By Constituting America ·

2022/12/09

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

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51:05

Ep. 144 - The Eighth Amendment: Limits on Fines &...

Constitutional Chats Presented By Constituting America ·

2022/12/01

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

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53:08

Ep. 143 - The Seventh Amendment: Trial by Jury in...

Constitutional Chats Presented By Constituting America ·

2022/11/18

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

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53:03

Ep. 142 - The Sixth Amendment: Right To A Speedy,...

Constitutional Chats Presented By Constituting America ·

2022/11/10

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

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57:26

Ep. 141 - Countdown to Bill of Rights Day–Amendment IV

Constitutional Chats Presented By Constituting America ·

2022/11/07

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

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55:49

Ep. 140 - Countdown to Bill of Rights Day–Amendment V

Constitutional Chats Presented By Constituting America ·

2022/10/27

“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

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53:38

Ep. 139 - Countdown to Bill of Rights Day--Amendment III

Constitutional Chats Presented By Constituting America ·

2022/10/20

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

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56:09

Ep. 138 - Countdown to Bill of Rights Day--Amendment II

Constitutional Chats Presented By Constituting America ·

2022/10/13

The Bill of Rights are quite the exercise in brevity. Perhaps that is no more apparent than in the second amendment. 27 words is all it has. Yet those 27 words have a set off countless newspaper articles, TV segments, court cases and endless debate. Just what did The Founders intend when they wrote those 27 words? What clues in other founding documents can give us insight into their intent? Does the amendment secure gun ownership only in the context of a militia or does it guarantee private

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55:31

Ep. 137 - Countdown to Bill of Rights Day--The First...

Constitutional Chats Presented By Constituting America ·

2022/10/06

Perhaps no amendment is as hotly debated as the First Amendment, and specifically the clauses related to freedom of religion: the establishment clause and the free exercise clause. Even though none of the charges against the king outlined in the Declaration of Independence concern religion, religious liberty is the very first concern in the Bill of Rights. In the few words concerning religion, the words “separation of church and state” do not appear. That phrase comes from a letter Thomas

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56:18

Ep. 136 - Countdown to Bill of Rights Day--The First...

Constitutional Chats Presented By Constituting America ·

2022/09/29

When someone refers to the First Amendment, they are often referring to freedom of speech. Are you aware that there are actually 6 enumerated freedoms protected in the First Amendment? Along with speech, the First Amendment guarantees Freedom of the Press, Freedom to Peaceably Assemble, Freedom to Petition the Government for Redress of Grievances, Freedom to Practice Religion and the notion of no state-mandated religion. We are going to discuss the last two in depth next week and will focus on

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55:43

Ep. 135 - Countdown To Bill of Rights Day: History of...

Constitutional Chats Presented By Constituting America ·

2022/09/22

We are kicking off a new series today focusing on the Bill of Rights. Hopefully we all know the Bill of Rights are the first 10 amendments to the Constitution and enshrine some of the most basic tenets of liberty and freedom we know today. But what do we know beyond that? What do we know about how it came to pass through ratification and the debate between the Federalists and Anti-federalists on this issue? And why was James Madison, one of our country’s Founders and Father of the Constitution

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54:51

Ep. 134 - Countdown to Constitution Day: Wrap...

Constitutional Chats Presented By Constituting America ·

2022/09/15

It’s been called “The Miracle at Philadephia.” Though most of us, we hope, know our Constitution was an experiment in self-government, do we really understand how revolutionary it was in the late 18th century to create such a government or the struggles endured to see it signed and ratified? The Founders believed for this experiment to succeed, the document itself wasn’t enough. The principles contained therein have to be in the heart and minds of Americans. In that way, those principles give

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54:53

Ep. 133 - Article VI & VII

Constitutional Chats Presented By Constituting America ·

2022/09/08

Buckle up, we are going to cover a lot of ground today! As we have learned, the grand structures of our government were created in earlier articles in the US Constitution: Congress, the Presidency, the Judiciary, the Amendment Process, the guarantee of republicanism. Article VI codified that debts incurred by the previous government would be recognized and paid back by the new government under the Constitution. Why was this important in making our new country a player on the international stage?

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54:27

Ep. 132 - Article V - Amending The Constitution

Constitutional Chats Presented By Constituting America ·

2022/09/02

Through Articles, 1-4, The Constitution gives us three branches of government and guarantees republicanism to the states. Should we later desire an amendment to the Constitution, how would that happen? Article V answers that question by codifying an amendment process. The Founders wanted to strike the right balance between too strong of a central government, like the monarchy in England from whom we had just separated, and too weak of a government like we had under the Articles of Confederation

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55:45

Ep. 131 - Article IV - Guaranteeing A Republic

Constitutional Chats Presented By Constituting America ·

2022/08/25

If you’ve been following our discussion over the last few weeks about each article of the U.S. Constitution, you know the Founders created the legislative, executive and federal judiciary with Articles 1-3. But it took far more than just organization at the federal level to create our government. Enter Article 4, which guarantees republicanism to every state. Why is that so important and vital in creating a long-lasting peaceful system in which we have both a federal government alongside 50 state

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55:56

Ep. 130 - Article III - The Size of the Supreme Court

Constitutional Chats Presented By Constituting America ·

2022/08/18

The Constitution creates the federal judiciary in Article III, but did you know it does not actually give a specific number of Supreme Court Justices we are to have? Throughout our country’s history, we have fluctuated between 5-10 Justices, but have held steady at nine since 1869. The last few years have seen a renewed interest in “court-packing,” that is, expanding the number of Justices to change the ideological balance of the court. Today we welcome new student panelist and “We The People

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53:49

Ep. 129 - Article III - The Judicial Branch

Constitutional Chats Presented By Constituting America ·

2022/08/11

Did you know Article 3 of the U.S. Constitution, which creates the federal judiciary, has its roots in the Declaration of Independence? That’s right. Among the charges Thomas Jefferson cited for independence, he writes, “He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.” The Founding Fathers directly addressed this in Article 3, Section I, when they granted the judiciary to have lifetime appointments and their salaries

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54:49

Ep. 128 - Article II - Executive Orders

Constitutional Chats Presented By Constituting America ·

2022/08/05

The Emancipation Proclamation was issued by one in 1863. One created the precursor to the Department of Homeland Security in October 2001. George Washington issued 8 of them, including one establishing our Thanksgiving Holiday. President Harrison issued none, while President Franklin Roosevelt issued 3,721 (by some count). Today we are discussing Executive Orders. What are they? How are they used? How does the Constitution grant this immense power to the president and what are the mechanisms

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57:39

Ep. 127 - Article II - The Executive Branch - We Are...

Constitutional Chats Presented By Constituting America ·

2022/07/29

Regular followers of Constituting America know this by heart: Article I of our Constitution creates Congress which creates law. Article II creates the Executive Branch which enforces law. Article III creates the Judicial Branch which interprets law. Article II is what we are discussing today. While we know the President is the head of the executive branch, that position alone cannot enforce all law. So how does any law passed by Congress actually get enforced? There are 15 Cabinet-level

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57:32

Ep. 126 - Article 1 - How A Bill Becomes A Law

Constitutional Chats Presented By Constituting America ·

2022/07/22

Constituting America viewers of a certain generation will undoubtedly remember a cartoon from Schoolhouse Rock called “I’m Just A Bill” that explained the legislative process in how a bill becomes law. James Madison wanted the process of legislating to be intentionally difficult through both houses to prevent what he called in Federalist 62 as “improper acts of legislation.” We all know Congress is made up of two bodies: the House and Senate. But what is the process of how a bill winds its way

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