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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

Watching the Detectives

We join Meg Kennedy on a worldwide manhunt - well, actually, it's more like a furniture hunt. Meg is the Acting Director of Museum Programs at James Madison's Montpelier, which means that she's in charge of finding original pieces of furnture, decorations and documents to bring back to the Madison home, no matter where in the world the search may take her. Meg is a historical Nancy Drew - and, yes, she even talks about an old clock.

Dec 21, 201259 min

The Queen of America

We'll speak with Catherine Allgor about her new book, "The Queen of America," which discusses not only Dolley Madison, but also Mary Cutts, the relatively unknown woman who gave us almost everything we know about Dolley. Mary Cutts is an example of the "vanishing women" of American history, women whose many and significant contributions have been obscured not only by the passage of time, but by the times in which they lived. Join us for an enlightening interview with Professor Allgor, and for ex...

Dec 14, 201259 min

Talking Affirmative Action with the President

No, not that President. Another president, and one who knows a great deal about the subject: Jonathan R. Alger, the new President of James Madison University. In his old job as Assistant General Counsel at the University of Michigan, President Alger oversaw two of the most important affirmative action cases in U.S. history. Those two cases - Grutter and Gratz - emphasized the importance of diversity in higher education. And those two cases might get reversed this term. Is educational diversity a...

Dec 07, 201259 min

Kleanin Up with the Klan

The State of Georgia has miles and miles of beautiful highways, and the Ku Klux Klan wants to adopt one. But the Governor doesn't think that's such a good idea. Now the Klan has a lawyer - two lawyers, actually - from the Georgia branch of the American Civil Liberties Union. And we talked to both of them. We also talked to the head of the Georgia branch of the ACLU and asked her why she would agree to represent such clients. It doesn't get any better than this....

Nov 30, 201259 min

Founding Scoundrel

Ever think that the Founders were a bunch of demigods with chiseled features, carved in marble and mounted on pedestals, who spent their lives striking poses and making memorable speeches? Yeah, we did too. Then we grew up. And when we started really studying our Founders, we learned something: while many of them were extraordinary people, they were also, well, people. And that means that they had flaws. Some more than others. This is the story of one particular Founder who had more than his sha...

Nov 23, 201259 min

He Really Might Be Watching You

Ever feel like somebody's watching you? Well maybe someone is. We talk to a federal magistrate who is very concerned about the remarkable number of secret surveillance orders being issued by the courts, orders that enable the government to access your text messages, emails, and even to track your mobile phone's location - all without your knowledge. Don't believe us? Ask David Petraeus. Or simply listen to this episode - but you may want to use somebody else's computer....

Nov 15, 201259 min

Congressional Case Study: The Fightin' Ninth

We talk about a variety of controversial constitutional issues -- from the new health care mandate to gun control -- with the 2012 candidates for Virginia's Ninth Congressional District, incumbent Morgan Griffith, a Republican, and challenger Anthony Flaccavento, a Democrat. The two candidates have constitutional perspectives that are very respresentative of their respective parties. In fact, we're willing to bet that, wherever you live, you have - or will one day - face a similar choice of cons...

Nov 09, 201259 min

Endowed by Our Creator

The Founders thought this! The Framers said that! You've heard such statements. In fact, it sometimes seems that everyone who has a strong opinion about the Constitution tries to enlist the Framers as allies. But how many modern pundits have actually done their homework? Are their claims about the Framers accurate? Well, here's one fellow who has done the research: Michael Meyerson of the University of Baltimore's School of Law. Mike has gone back and actually read what several of the most promi...

Nov 07, 201259 min

Roundup 2012

Git along there, little dogies -- it's our annual Roundup of interesting and important cases on the docket of the United States Supreme Court. Grab your ropes, saddle up and join Professors Judie Barger, Pat Baker, Charlie Condon, Kendall Issac, Buzz Belleville and Doug McKechnie as they pick six fascinating cases to discuss with your host, Stewart Harris. It's a good 'un.

Oct 26, 201259 min

The Equal Rights Amendment

Whatever happened to the ERA? You remember - the Equal Rights Amendment. Angry women. Angry men. Disco. Hey, it was the '70's. We'll talk to Wanda Sobieski, the same Knoxville attorney who did such a great job telling us about women's suffrage and the 19th Amendment awhile back. Wanda gives us the big picture, as well as a fascinating tale of personal involvement in one of the great constitutional questions of our time.

Oct 19, 20121 hr

Our Imbecilic Constitution

That's what Alexander Hamilton once called the Articles of Confederation - imbecilic. And that's why he wanted to throw out the Articles in their entirety and start fresh with what ultimately became our current Constitution. Sandy Levinson, a distinguished law professor from the University of Texas, doesn't want to throw out our whole Constitution, but he thinks that some parts of it are definitely worth changing. And we're not talking little stuff here - he goes right after the basics, even rev...

Oct 17, 201259 min

The Electoral College

Who ya gonna vote for in November? Mitt? Barack? That's a political question. Here's a constitutional question: will your vote matter? Or is your state so reliably Red or Blue that your vote will be buried beneath an avalanche of the other party's votes? We'll talk about the constitutional institution at the heart of such questions: the Electoral College. We'll hear from someone who supports the College as a protection of state sovereignty. And we'll hear from someone who doesn't like the Colleg...

Oct 05, 201259 min

The Big Think: Participatory Democracy and Political Ethics

We talk a lot about current constitutional issues on this show. We also talk a lot about history. And sometimes, we pause, take a deep breath, and talk about Big Ideas - note the capital letters. That's what a group of scholars did recently at Montpelier's Center for the Constitution, and our host, Stewart Harris, was among them. He shares a conversation he had with another conference participant, Brad Rourke, about two big issues in constitutional theory: political participation and political e...

Sep 26, 201259 min

The Big Switcheroo?

Rumor has it that Chief Justice John Roberts switched his vote at the last minute on the Affordable Care Act decision. And some conservatives are none too happy about it. They're calling him all kinds of unpleasant names. But did the Chief Justice actually switch his vote? And if so, so what? We'll talk to former Tennessee Supreme Court Justice Penny White and to Professor George Kuney, two distinguished professors at the University of Tennessee College of Law. They'll tell us all about how appe...

Sep 15, 201211 min

The Mystery of Madeira Wine

What does wine have to do with the United States Constitution? Well, as it turns out, it has much more to do with our constitutional history than (hic!) you'd think. We have a fascinating discussion with Maja Djorčev, a graduate student studying wine geography, who tells us all about this obscure, flavorful, potent brown wine, which was once all but extinct.

Sep 07, 201259 min

Modern Warfare: Drones

Modern warfare - again. But this time it's all about missiles and explosions and drones. Or, as the government calls them, Unmanned Aerial Vehicles. Who has the constitutional power to use these remarkable weapons? In places where there is no declared war? Against American citizens? We talk to Scott Shane, a national security reporter for the New York Times.

Aug 29, 201259 min

Modern Warfare: Cyberwar!

No guns. No bombs. No explosions. Just a bunch of techno-nerds in a secret room, tapping away on their keyboards. They can do a lot of damage. But can they commit acts of war? And just who has the constitutional power to authorize them to do so? We talk to Professor Joseph S. Nye, former Dean of the Kennedy School of Government at Harvard.

Aug 18, 201259 min

A Squirrel's Leap from Heaven

Was James Madison a tree-hugger? Although there are no historical photos showing him in a tie-died shirt or wearing Birkenstocks, he was quite a conservationist, as were many of the Founders. We speak with Sandy Mudrinich, who cares for the grounds of Madison's living legacy, Montpelier.

Aug 10, 201259 min

Aaron Burr's Big Adventure

We all know about the duel. It didn't turn out so well for Alexander Hamilton. But it didn't turn out very well for Aaron Burr, either. What happened to Burr after the Interview at Weehawken? Quite a lot, it seems. Grandiose schemes of conquest. Conspiracy. And the most famous trial for treason in all of American History. Listen in and find out how it all ended up.

Aug 03, 201259 min

Thou Shalt Not . . . Post These Commandments!

The Ten Commandments. It seems that we've been arguing about them ever since Moses brought them down from the mountain. Lately, we've been arguing about whether posting them in public schools, public parks and other public spaces violates the First Amendment. It's one of those constitutional issues that just keeps coming back. Dare we call it - eternal? Listen in and decide for yourself.

Jul 27, 201259 min

The Great Emancipator

We all know that Abraham Lincoln freed the slaves - or did he? And if he did, well then, how did he do it? Where, precisely, would a president find the constitutional power to free slaves, which were then considered "property?" Doesn't the Fifth Amendment require compensation when the government takes our "property?" We're confused. Fortunately, Paul Finkelman clears it all up for us. He's a great storyteller, and it's a fascinating tale. Tune in! Or, rather, download!...

Jul 19, 201259 min

Produce the Body!

Habeas Corpus - "the ancient writ" -- enshrined in the Magna Carta and the United States Constitution. Literally translated, it is a command from a judge to a jailer stating, "Produce the body." The body in question is a prisoner, and the judge who issues such a writ is commanding the government to bring that prisoner into court and to justify his imprisonment. Habeas Corpus is one of the greatest tools a free society has to resist government tyranny, and also the avenue of last resort for those...

Jul 11, 201259 min

What Caused the American Civil War?

It's been more than 150 years, and people are still debating the question. We'll talk to Donnie Kennedy, co-author of "The South was Right!" who thinks that much more than slavery was at issue. We'll also talk to James Loewen, who quotes the explanations provided by seceding states themselves in his book, "The Confederate and Neo-Confederate Reader: The 'Great Truth' About the 'Lost Cause.'" So saddle up and join us.

Jul 04, 201254 min

What's Wrong with (Public) School Prayer?

Most of us pray. Many of us pray every day - at home, at work, at church, and in school. So what's the big deal about school prayer? Why have the courts put constitutional restrictions on it, at least in public schools? We'll talk to former Congressman Bill Dannemeyer, who wants to see prayer back in public schools, and with Annie Laurie Gaylor, the Co-President of the Freedom From Religion Foundation, who doesn't.

Jun 29, 201259 min

The Yancey County News - Defenders of the First Amendment

The First Amendment protects freedom of speech and of the press. But a free press is of limited value without responsible and courageous journalists. Fortunately, such journalists exist, even in tiny little towns tucked away in the mountains. Join us for the story of two such journalists, Jonathan and Susan Austin of the Yancey County News.

Jun 22, 201259 min

The Stolen Valor Act

Can the government put you in prison just for telling a lie? Even if no money is involved? Even if it's just an old war story? What if you claim to be a hero? What if you didn't win that medal? What if you've never even served? Not such an easy question, is it?

Jun 13, 201259 min

Roscoe Filburn Had a Farm

E-I-E-I-O. This one's all about a farm. Roscoe Filburn's farm. And about what happened to Roscoe and to the Commerce Clause when Roscoe decided to grow just a little too much wheat. Here's a hint: the resulting case, Wickard v. Filburn, may just be the linchpin upon which the whole federal health care debate ends up turning.

Jun 08, 201259 min

Eugenics in America

Eugenics in America. Selective human breeding. Forced sterilization. You heard that right - in America. We'll speak with Edwin Black, author of "War Against the Weak," and with Governor Beverly Perdue of North Carolina, who is trying to help the victims of the now-defunct eugenics program in her state. A fascinating, disturbing episode.

May 31, 201259 min

Is the Fed Constitutional?

Is the Federal Reserve constitutional? What is the Fed, anyway? And does it have too much power? Who are those guys? We'll talk to United States Senator Rand Paul of Kentucky, one of the Fed's leading critics. We'll also talk to economist Allan Meltzer, author of "A History of the Federal Reserve." This episode is money.

May 24, 201259 min

Medical Marijuana

California says it's legal. The Feds say it's not. What's a poor Californian to do? We talk to Steve DeAngelo, star of the Discovery Channel's reality program, Weed Wars, and to Tamara Todd, an attorney who specializes in drug law and the constitutional questions that arise when the states and the federal government follow different drug policies.

May 16, 201259 min
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