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PODCAST

Constitutional Chats Presented By Constituting America

Cathy Gillespie

Cathy Gillespie, and Constituting America"s Student Ambassadors – Tova Love Kaplan, Jule Gilbert and Jorne Gilbert – chat with Constitutional experts on hot-topic issues via Zoom!

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All Episodes

58:21

Ep. 96 – The American Court System: How DOES It Work?...

Constitutional Chats Presented By Constituting America ·

2021/12/03

We have a myriad of local state and federal courts handling our judicial process. Texas has 950 municipal courts, 800 justice courts, 528 county level courts, 483 state district courts, 14 court of appeals, one Texas Supreme Court and finally one Court of Criminal Appeals! And that is just in Texas! What does this all mean? What are the differences in jurisdictions between these courts? Join our panel and Judge Kimberly Fitzpatrick to find out!

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58:06

Ep. 95 – The American Court System: How DOES It Work?...

Constitutional Chats Presented By Constituting America ·

2021/11/18

When you think of the US court system, you probably first think of the US Supreme Court. Did you know that while federal courts like the Supreme Court generate the most headlines, most judicial activity is found in state courts? In 2018, 83.8 million cases were filed in state court while just 359,000 cases were filed in federal court. We have over 30,000 state court judges across the country and just 870 federal judges. Why do we have state courts and how are they structured? Join our panel and

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01:01:10

The American Court System: How DOES It Work? —...

Constitutional Chats Presented By Constituting America ·

2021/11/12

Imagine this. It’s the early years of our country. After a lengthy legal career and senate confirmation, you become a Supreme Court Justice. One of your duties? Get on your horse and travel hundreds or thousands of miles around your “circuit” to hear appeals case. Believe it or not, that was once the responsibility of our Supreme Court justices! What exactly are Federal District Courts, Circuit Courts, the U.S. Court of Appeals for the Federal Circuit? What are their jurisdictions? How do

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58:52

The American Court System: How DOES It Work? -The...

Constitutional Chats Presented By Constituting America ·

2021/11/04

Have you ever thought about how judges get their positions? Some are elected, some are appointed and others go through lengthy, and often contentious, senate hearings broadcast on C-SPAN. Why is that? The Founders wanted federal judges to be insulated from political influences so they are given lifetime appointments and generous pensions for their service. State judges rule on issues closer to the people so it makes sense some are elected by the very people their rulings will affect. Join our

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58:55

The American Court System-How Does It Work? A History...

Constitutional Chats Presented By Constituting America ·

2021/10/31

Think about this. Our Constitution dates back over two centuries with only a few changes. No other country can say the same. In creating our government, the Founders knew the Supreme Court would not be the most powerful of the branches. Hamilton explained the President has the sword, Congress has the purse and all the Supreme Court has is judgement. The Court’s power comes from judgement and the reasonability of their action, not through coercion and force. These are interesting points to

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54:19

Can States Control Their Own Borders?

Constitutional Chats Presented By Constituting America ·

2021/10/19

Did you know 17 US states have an international border? The intersection of empathy and rule of law has been front and center in the news over the last few months as the debate over our immigration laws was reignited. While we feel both sympathy from those traveling thousands of miles against dangerous odds to get here, we also have to respect our rule of law. The U.S. Constitution delegates border enforcement issues to the executive branch of the national government, but what are states to do if

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58:27

The Gabby Petito Tragedy. Obtaining the Laundrie...

Constitutional Chats Presented By Constituting America ·

2021/10/16

It’s the case that has grasped a nation. A young social media personality goes missing, is eventually found deceased and her fiancé is a suspect. With so many unanswered questions, we have reexamined interactions with law enforcement in the days preceding her disappearance. Could they have done more? Could the fiancé have been detained? The Bill of Rights sets the framework for law enforcement through the 4th and 5th amendments. Join our panel and former federal prosector Charles Stimson as we

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01:09:24

Anti-Federalist Paper Series-Ep. 13: The...

Constitutional Chats Presented By Constituting America ·

2021/10/01

For 13 weeks, we continued a conversation that first began over 200 years ago between Federalists and Anti-Federalists. Why is it relevant to continue this conversation? It’s because we belong in a community. The Preamble echoes this as it does not begin with “I, the individual” but with “We, the people.” In continuing this conversation we realize human nature and the natural tendencies we have to join social and political groups, quarrel and ask questions. In human nature, the gravitation towards

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01:03:02

Anti-Federalist Paper Series-Ep. 12: The Role of the...

Constitutional Chats Presented By Constituting America ·

2021/09/23

The Supreme Court was controversial when it was first proposed. In Brutus XV, Robert Yates argues the problem with the Supreme Court is that it will be too powerful because they can interpret the Constitution and their decisions cannot be overturned. In a direct response in Federalist 78, Hamilton argued the Supreme Court and federal courts would not be the most powerful branch but the least dangerous because they cannot make laws, cannot tax and cannot enforce the law. Hamilton argued court

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01:03:40

Anti-Federalist Paper Series-Ep. 11: Is a Bill of...

Constitutional Chats Presented By Constituting America ·

2021/09/17

When you decide to take an action, do you seek permission to take that action or look for a prohibition against it? The difference is substantial. Anti-Federalists supported a Bill of Rights in the Constitution as they viewed it as a list of rights that should be retained by the people in the new government. They were concerned that through the Supremacy Clause, the US Constitution would overrule state constitutions. The Federalists did not view the Bill of Rights as necessary, believing the

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01:08:13

Anti-Federalist Paper Series-Ep. 10: The Powers of...

Constitutional Chats Presented By Constituting America ·

2021/09/10

Power. Should it rest with the states or with the federal government? The Articles of Confederation did an incomplete job in assigning powers such as commerce and taxation so The Founders held a Constitutional Convention to address these concerns. Brutus and Agrippa had concerns that the “common defense and general welfare” clause in the new constitution was too broad. Madison responded to this concern in Federalist 45 that the power of the general government are few and defined while the power

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01:07:45

Anti-Federalist Paper Series-Ep. 9: Unity of the...

Constitutional Chats Presented By Constituting America ·

2021/09/03

Have you ever noticed that Article 2 of the Constitution, which creates the presidency, is much shorter than Article 1, which creates Congress? The Founders knew the President’s powers needed to be “flexible” since that’s the only branch of government which serves year-round. The Anti-Federalists felt this was dangerous as the President could become a Caesar with undefined powers. Hamilton and the Federalists were happy with a stronger central government with a strong executive. What do you think

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01:04:22

Anti-Federalist Paper Series-Ep. 8: The Role of the...

Constitutional Chats Presented By Constituting America ·

2021/08/26

In Brutus XVI, the Anti-Federalists expressed concerns over the design of the senate even though they felt the senate was needed for their preferred type of government. They feared the senate design as a threat to liberty because of the consolidation of central power at the expense of the states and the people. In Federalist 63, Madison argued against these fears with the need for predictability and stability. Please join our panel and constitutional expert, Professor Michael Zuckert from the

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01:06:34

Anti-Federalist Paper Series-Ep. 7: The Role of the...

Constitutional Chats Presented By Constituting America ·

2021/08/20

James Madison wrote in Federalist 55, “Had every Athenian been a Socrates; every Athenian assembly would still have been a mob.” What did he mean? The Founders knew representation was central to the American experiment so it was no accident that the Constitution created our legislative branch before any other. They were also wary of that branch having too much law-making power so they split that authority into a bicameral legislature. While the Federalists wanted to give more power, like

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01:07:40

Anti-Federalist Paper Series-Ep. 6: The Separation of...

Constitutional Chats Presented By Constituting America ·

2021/08/13

James Madison wrote that "the great difficulty" of creating a system of government is finding the way it can "control ITSELF." Are checks and balances enough to protect your rights? The Anti Federalists thought no! What do you think? Is a Bill of Rights needed with a strong constitution that delegates and, more importantly, LIMITS power? This was a major debate among the founding fathers and it still rages on today. Join our panel and special guest Professor Christopher Burkett of the Ashbrook

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01:04:00

Anti-Federalist Paper Series-Ep. 5: The Role of the...

Constitutional Chats Presented By Constituting America ·

2021/08/06

Does the Executive branch have TOO much power? The Anti-Federalists thought so! What do YOU think? This was a major debate among the founding fathers and it still rages on today. Join our panel and special guest Professor Gordon Lloyd of the Pepperdine School of Public Policy as we discuss the term of office of the presidency; the difference between a monarch and the president; the difference between “Whigs” and “Old Whigs” and how all of this is relevant today!

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01:00:51

Anti-Federalist Paper Series-Ep. 4: The Improved...

Constitutional Chats Presented By Constituting America ·

2021/07/30

Does the "Necessary and Proper Clause" in our Constitution restrict our freedom? The Anti-Federalists thought so. This was a major debate among the founding fathers and it still rages on today. Join our panel and special guest Professor Joerg Knipprath of Southwestern Law School as we discuss the anti-federalists concerns about the U.S. Constitution, including the “necessary and proper clause,” the nature of a republic; republic vs. democracy; and what Hamilton meant by “The Improved Science of

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01:05:24

Anti-Federalist Paper Series - Ep. 3: The Extended...

Constitutional Chats Presented By Constituting America ·

2021/07/24

“A Republic If You Can Keep It!" Have We? Is it possible to preserve a large republic or were the anti-federalists right that only a small republic is possible to preserve? This was a major debate among the founding fathers and it still rages on today. Join our panel and special guest Professor Gordon Lloyd of the Pepperdine School of Public Policy as we discuss the nature of a republic; “the extended commercial republic,” republic vs. democracy; the difference between “Whigs” and “Old Whigs” and

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01:03:29

Anti-Federalist Paper Series - Ep. 2: Partly...

Constitutional Chats Presented By Constituting America ·

2021/07/16

Power to the states or concentrate power in a central federal government? This was a major debate among the founding fathers and it still rages on today. Join our panel and special guest Tony Williams with the Bill of Rights Institute as we discuss how our current system can be described as partly national and partly federal.

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01:14:06

Anti-Federalist Paper Series - Episode 1: What’s at...

Constitutional Chats Presented By Constituting America ·

2021/07/10

Were the Federalists or the Anti-Federalists Correct? Or Both? And how are they relevant today? Breaking down the Anti-Federalist Papers! Join us as we count down to Constitution Day in our new Anti-Federalist paper series. Listen to our first episode: What’s at Stake: Centinel I and Federalist I. Professor Gordon Lloyd of the Pepperdine School of Public Policy is our special guest!

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