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Your Weekly Constitutional

Stewart Harriswww.podomatic.com
Produced in partnership with James Madison's Montpelier, Your Weekly Constitutional is a public radio show featuring lively discussion of controversial constitutional topics, from Gay Rights to Gun Rights. Find us on Facebook and iTunes!
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Episodes

Separation of Powers

"The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self appointed, or elective, may justly be pronounced the very definition of tyranny." James Madison, Federalist #47, January 30, 1788. You said it, James! And this week we're talkin' Separation of Powers, or, as your 8th Grade teacher might have called it, "Checks and Balances." Either way, it's the first and most fundamental way that the Constitutio...

Aug 22, 201358 min

Ratification, Part 2

We finish our discussion of the Constitution's ratification with John Kaminski, the Director of the Center for the Study of the Constitution at the University of Wisconsin. We also speak with ConSource Executive Director Julie Silverbrook about the role of women in ratification. They had more to say than you might guess. Finally, we talk to a real, live Madison, who is - perhaps - the first descendant of James Madison's immediate family to live at Montpelier in over a century. Please join us....

Aug 09, 201359 min

The Ratification of the Constitution

What happened after Constitution Day? We celebrate the end of the Constitutional Convention every September 17 (join us at Montpelier!) but that day was as much a beginning as an end. And the story of the following nine months makes for a fascinating tale. Join us as we speak with John Kaminski, the Director of the Center for the Study of the Constitution at the University of Wisconsin, which is in the midst of a 75-year-long project: the Documentary History of the Ratification of the Constituti...

Aug 02, 201359 min

Curmudgeons on the Court?

Is the Supreme Court just too darn old, by cracky? Eric Segall of Georgia State University thinks that some of the Court's members are, perhaps, a bit long in the tooth. And he blames the aging of the Court squarely upon the Constitution - upon Article III, to be precise, which provides that federal judges may serve during "good behavior" -- which effectively means for life. This one's a discussion for the ages.

Jul 26, 201359 min

Who Made You the Boss?

Well, if you're the Supreme Court of the United States, you made yourself the Boss. And you did it more than 200 years ago, in the most important constitutional case in American history: Marbury v. Madison. Our discussion of this remarkable case, and the remarkable story behind it, is long overdue. We've been waiting for just the right storyteller, and now we've found him: George Kuney of the University of Tennessee's College of Law. Please join George and our host, Stewart Harris, as they talk ...

Jul 20, 201359 min

George Mason, Forgotten Founder

Ever heard of George Mason? And, no, we don't mean the GMU basketball team. George Mason, the Founder. The Framer of our Constitution? The guy who pushed the entire founding generation into adopting what became our national Bill of Rights? Didn't think so. But he was remarkably important. He also had a cool house. We decided to visit it. And you're invited to join us.

Jul 06, 201359 min

Naked Photos and Friendly Hands

Don't touch my junk! It's the catchphrase for how most of us feel as we approach TSA airport checkpoints. But is there a constitutional issue there? What about the Fourth Amendment? That "unreasonable searches and seizures" stuff? We talk with two people about this - ahem - pressing issue: Kate Hanni, from FlyersRights.org, and Adam Engel, a criminal defense attorney and security expert. Fasten your seatbelts - it's going to be a bumpy ride.

Jun 30, 201359 min

Constitution USA: Turning the Tables on Peter Sagal

Ready for a constitutional laff riot??? Listen to our interview with Peter Sagal, host of the NPR news quiz show "Wait, Wait . . . Don't Tell Me!" and also, more recently, the host of the four-part PBS series "Constitution USA with Peter Sagal." We turn the tables on NPR's Quizmaster and make him answer some tough questions about the Constitution. Our Quiz Lady, Kelly Carmichael of James Madison's Montpelier, offers not only her usual multiple-choice brain teasers, but also some fake news storie...

Jun 12, 201359 min

Mrs. Keckley's Dresses

We talk with writer Joan Gage about Elizabeth Keckley, a largely-forgotten woman who rose from slavery to become a seamstress and confidante of Mary Todd Lincoln, and who wrote a memoir of her remarkable life. And attorney Joanie Burroughs tells us about Beate Gordon, who almost single-handedly wrote women's rights into the Japanese Constitution after World War II.

May 31, 201359 min

The Crash at Charley River

Memorial Day, 2013 is almost upon us. We here at YWC are profoundly grateful to our military servicemen and servicewomen, who promise to support and defend the Constitution of the United States against all enemies, foreign and domestic - and who often die fulfilling that solemn oath. Here's a story that will bring tears to your eyes.

May 24, 201359 min

The Constitution and the Kill List

There are lots of bad guys out there. And lots of people who could be bad guys. And other guys . . . well, we're not so sure about them. But can the President simply make a list, sit down in his big chair in the Oval Office, and decide which of these alleged bad guys to kill? We speak with David Adler, the Director of the Andrus Center for Public Policy at Boise State University, an expert on presidential power. David takes us on a fascinating journey, concentrating on the way executive power ha...

May 17, 201359 min

Madison's Challenge

James Madison knew that only an educated citizenry could govern itself while preserving its essential freedoms. He spent much of his life building such a citizenry in America. Today, the Robert H. Smith Center for the Constitution at Montpelier carries on Madison's work in a variety of ways and through a variety of media -- including this radio show. Another way is through the Montpelier Seminars, residential programs in which teachers, judges, police officers and others learn about our constitu...

May 10, 201359 min

The Monster of Monticello, Part II

Well, we spent last week beating up on Thomas Jefferson, so this week . . . we're going to beat up on him some more. We finish our conversation with Paul Finkelman of Albany Law School, who discusses not only Jefferson's hypocrisy over the slavery issue, but his deep racism and his illicit relationship with his slave Sally Hemings. After we finish our discussion with Paul, we have a first: an appeal of Constitutional Quiz! Actually, for you lawyers out there, it's more like a filing of an amicus...

May 03, 201359 min

The Monster of Monticello

Who? What? Are we talking about Thomas Jefferson? You bet. There is an ongoing debate among historians (and other people, lots of other people) about old Tom's place in American history. Everyone admires the Declaration of Independence and "all men are created equal." But then there's that slavery thing. Ouch. We'll talk with Paul Finkelman, author of "Slavery and the Founders," who is among Jefferson's harsher critics. Paul doesn't pull any punches. But don't worry, this is just one conversatio...

Apr 30, 201359 min

The United States Attorney

Who are those guys? You've heard of them - the United States Attorneys. They sound pretty important. But who are they, and what do they do? Quite a lot, it turns out. And a lot of what they do involves the Constitution, starting out with their appointment by the President and their extensive and arduous confirmation process before the United States Senate. We talk to two of these powerful government officials: Tim Heaphy, from the Western District of Virginia; and Bill Killian, from the Eastern ...

Apr 19, 201359 min

Frederick Douglas, Part II

We continue our discussion with actor Fred Morsell, who has portrayed Frederick Douglass for 30 years. In Part I we discussed Douglass's early life and his escape from slavery. In Part II we discuss his activities as an abolitionist, newspaper publisher, advocate for women's rights, author and public speaker. Join us!

Apr 12, 201359 min

Frederick Douglass, Part I

Slavery was the original sin in our Constitution. This is the story of a man who helped us to recognize that sin and, ultimately, destroy it. We'll talk to Fred Morsell, an actor who has portrayed Frederick Douglass for 30 years, and who knows so much about him that one episode of YWC is simply not enough. Part I covers Douglass's early life as a slave and his journey to freedom. Part II focuses upon Douglass the free man and abolitionist. Please join us for a poignant, powerful American story....

Apr 06, 201359 min

Recreational Marijuana

D-u-u-u-de! Colorado and Washington State have legalized recreational marijuana! But don't get too excited - the feds still criminalize the wacky weed. So what's a poor Washingtonian or Coloradan to do? We speak with Vanderbilt law professor Robert Mikos about this smokin' hot constitutional issue. We also get the latest from the trenches of the drug wars from Howard Wooldridge of Citizens Opposed to Prohibition (COPs).

Apr 01, 201359 min

Constitution Cafe

Maybe we should just scrap the Constitution and start all over again. Hey, before you get angry at us, consider the source: Thomas Jefferson suggested that we adopt a new constitution every 20 years or so. And Christopher Phillips, author of "Constitution Cafe," wants to take him up on it.

Mar 22, 201359 min

Roe v. Wade at 40

Protestors. Editorials. Talking heads. Think you've heard everything there is to say about abortion? You haven't. The decision in Roe v. Wade, which constitutionalized the abortion debate, was handed down just over 40 years ago. So we decided to go back to the beginning. Actually, before the beginning. And we spoke with someone who was there: Pulitzer-Prize-winning journalist Linda Greenhouse, who reported on the Supreme Court for almost three decades, and who has co-authored a book with Reva B....

Mar 15, 201359 min

Borking Bork

A hero of the Right, a nemesis of the Left, Judge Robert Bork recently passed away. A man of many accomplishments, he was most well-known for what he never was - a Justice of the United States Supreme Court. We'll talk to historian David Greenberg about Judge Bork's still-controversial confirmation hearings, and we'll also talk to United States Attorney Tim Heaphy, who, as a young staffer for then-Senator Joe Biden, personally witnessed history unfold.

Mar 08, 201359 min

Debt, Default and the Trillion-Dollar Coin

Will we or won't we? Default, that is. On the national debt. Scary thought, isn't it? But don't panic. Instead, listen in as we speak with Eric Posner of the University of Chicago, who helps us figure out some constitutional options for dealing with the seemingly never-ending impasse over the federal budget. This episode is money.

Mar 01, 201359 min

Lincoln: Fact or Fiction?

Sure, we think it's a great movie - politics, war, a constitutional amendment - who could ask for more? But is it historically accurate? Now that's another story. Paul Finkelman of Albany Law School -- the same guy who told us all about the Emancipation Proclamation -- helps us sort it out.

Feb 22, 201359 min

Facebook, Free Speech and Public Schools, Part II

We finish up our fascinating discussion with Frank LoMonte of the Student Press Law Center. After finishing our tour of the major Supreme Court decisions affecting student speech - including the notorious "Bong Hits for Jesus" case - we finally get to Facebook and other social media, the new frontier of student speech cases. Join us!

Feb 15, 201359 min

Facebook, Free Speech and Public Schools, Part I

Can your teacher punish you for what you post on Facebook? Even if you do it at home? On a weekend? During summer vacation? We talk to Frank LoMonte of the Student Press Law Center, who will take us through the major Supreme Court cases governing public school speech, cases which don't necessarily bode well for student rights. But before we start our discussion with Frank Lomonte, we also speak briefly with Michael Perry about his February 4, 2013 presentation on human rights for the Buechner In...

Feb 08, 201359 min

Contraceptives, Health Care and God

Can the government mandate that your employer's health care insurance provide you with "preventive care" -- care that includes contraceptives? What if your employer objects? What if your employer is a church? Or simply very religious? What about that Free Exercise of Religion thing? Okay, now it's getting constitutional. So it's a good thing that Professor Doug McKechnie is with us to tell us all about the First Amendment issues.

Feb 03, 201359 min

Fred Korematsu, All-American, Part II

Part II of the compelling tale of Fred Korematsu, who stood up to the mass incarceration of over 100,000 Americans of Japanese ancestry during the Second World War. We won't give away the end of the story, but we will say that sometimes justice isn't done in a courtroom, but in the court of history.

Jan 25, 201359 min

Fred Korematsu, All-American, Part I

Soldiers rounding up people in the streets. Innocent people. Law-abiding citizens. Children. Transporting them to remote camps surrounded by barbed wire and armed guards. No, we're not talking about Nazi Germany. Not the Soviet Union. Not North Korea, either. We're talking about the United States of America. And we're not kidding.

Jan 19, 201359 min

Constitution Day 2012

What's your favorite holiday? Christmas? The Fourth of July? Arbor Day? Those are all fine choices, but here at Your Weekly Constitutional we have our own particular favorite: September 17 - CONSTITUTION DAY! Join us for good times with James and Dolley Madison on a sunny day filled with warm breezes, cool drinks and good conversation -- a party in September at Montpelier.

Jan 12, 20132 min

Kickin' Up a Ruckus over Gay Rights and Free Speech

Gay Rights, Free Speech, Pro Football -- who could ask for anything more? We'll talk to Chris Kluwe, punter for the Minnesota Vikings, who wrote an open letter about these strangely-related subjects, a letter laced with inventive and hilarious profanity. It was published on the Huffington Post and became an internet sensation. Chris, who also dominates online video games and plays bass with the band Tripping Icarus, is not your average NFL player and this is not your average episode. Indeed, som...

Jan 04, 201359 min
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