You’ve heard of something called “Brexit,” but what is it? Turns out, Brexit is shorthand for the possibility of a British exit from the European Union. Britons will soon vote on Brexit, and the polls show the election too close to call. Such an exit, if it occurs, will have major constitutional implications for the United Kingdom, and a major impact on the rest of the world, including the United States. Good thing we’ve got Northumbria University law professor William Walton to explain it all t...
May 14, 2016•54 min
There aren’t many Nazi war criminals left to punish. But one of the last to be brought to justice is also among the most fascinating. Join us as Lawrence Douglas, a professor at Amherst, tells us all about the man at the center of this strange and surprising case. Lawrence is the author of "The Right Wrong Man: John Demjanjuk and the Last Great Nazi War Crimes Trial."
May 08, 2016•54 min
What's going on in North Carolina? Paypal is cancelling expansion plans, other state governments are refusing to visit, and Bruce Springsteen -- Springsteen! -- has cancelled a concert. Apparently, our good friends in NC are now at ground zero in the culture war, which increasingly pits rural Republicans against urban Democrats. The city of Charlotte passed an antidiscrimination ordinance protecting LGBT rights, and the state called a special legislative session to repeal it. Governor McCrory im...
Apr 29, 2016•54 min
In this extraordinary election year of 2016 we keep hearing a lot of dark references to “populism” on both the left and the right. But what does “populism” mean, and why does it have such a negative connotation? Aren’t we a popular democracy? And isn’t democracy good? Woody Holton, a University of South Carolina history professor, thinks that democracy is, in fact, a good thing - at least sometimes. He’s even written a book about it: "Unruly Americans and the Origins of the Constitution." Woody’...
Apr 14, 2016•54 min
The death of Associate Justice Antonin Scalia has led to a titanic political and constitutional struggle between the President and Congress. Will the Constitution dictate an outcome? Or will the political process offer the only hope of a resolution? Join Stewart and Professor James P. Melcher of the University of Maine at Farmington as they address the question: what will happen After Scalia?
Mar 12, 2016•54 min
To be President of the United States, the Constitution requires you to be a "natural born Citizen." But what does that mean? Specifically, what does it mean for Republican presidential candidate Ted Cruz? The answer may surprise you. Join us for a fascinating discussion with two law professors who'll tell us all about it. And don't forget your birth certificate.
Mar 04, 2016•54 min
It's been six years since the Supreme Court has ruled on a Second Amendment case. What's up with that? Plenty, it turns out. This week, Stewart speaks with two experts on the Second Amendment, law professor Adam Winkler of UCLA, and gun rights advocate David Kopel from the Cato Institute.
Feb 26, 2016•54 min
To paraphrase Forrest Gump, money and politics go together like peas and carrots. That's especially true since the Citizens United decision came down in 2010. And a number of people are very concerned about it. Join Stewart and author Derek Cressman for a discussion of his new book, "When Money Talks: The High Price of 'Free' Speech and the Selling of Democracy."
Feb 19, 2016•54 min
After centuries of neglect, Alexander Hamilton is finally having his historical moment. Join Stewart and ConSource Executive Director Julie Silverbrook as they discuss one of the most under-appreciated of the Founders, a fellow they call "Ham the Man."
Feb 12, 2016•54 min
President Obama wants to formalize the longstanding practice of the U.S. government allowing millions of undocumented aliens to remain in the United States. Donald Trump wants to step up deportations and ban all Muslim immigration. But does any president have that much executive power? Join us as we speak to University of Chicago law professor Eric Posner about this controversial constitutional question.
Feb 05, 2016•54 min
How much do you know about President William Howard Taft? We thought so. And, no, he didn't get stuck in his bathtub. He's actually notable for something else entirely: he's the only person to have served as both President and Chief Justice of the United States. Yeah, beats the bathtub story, doesn't it? We'll give you the facts, courtesy of the friendly staff at the Taft National Historic Site in Cincinnati, where Stewart and his son Tom recently went for a visit. Join us!...
Jan 29, 2016•54 min
Where does money come from? What is "the gold standard?" And, while we're at it -- what exactly is money? More to the point, what does the Constitution have to say about all of this? Quite a bit, it turns out. And at times in our constitutional history, Congress's power to "coin money, regulate the value thereof, and of foreign coin" has been front and center on the political and economic agenda. We'll speak with UC-Davis historian Eric Rauchway about his new book, "The Money Makers," which take...
Jan 24, 2016•1 hr
Kermit Roosevelt, constitutional scholar, author and scion of one of America's most important political dynasties, has written a new novel that combines his interest in constitutional history and good storytelling. If you're a regular listener, the subject is already familiar to you: the incarceration of over 100,000 innocent Americans of Japanese descent in concentration camps during World War II. The book, called "Allegiance," is set mostly at the Supreme Court, where Kermit served as a clerk,...
Jan 19, 2016•54 min
Boston University journalism Professor Dick Lehr has written a new book about a film that is perhaps the greatest in American history - and the most racist. Is censorship justified in such a situation, where great art is created for a terrible cause? It's been a century, and we're still arguing about that one. Join us for a fascinating historical discussion with great current relevance. And then, just for good measure, we'll have an update on the Declaration Project from our good friend, Chris P...
Jan 07, 2016•54 min
Prior to fetal viability, a state may regulate abortions just like any other medical procedure -- so long as the regulation in question does not place an "undue burden" on a woman's reproductive rights. But what, exactly, constitutes an "undue burden?" A number of states have recently enacted pre-viability medical regulations, and some of those regulations have been challenged. Indeed, a closely-watched case from Texas is now before the United States Supreme Court. Join Stewart and Doug McKechni...
Dec 19, 2015•54 min
Entertainment lawyer Jeremy Geltzer has written a fascinating book about the history of film censorship in the United States. It's called "Dirty Words and Filthy Pictures: Film and the First Amendment." This episode has generated a lot of (positive) online commentary. We don't actually use any dirty words in it, but the topic is mature, so it may not be appropriate for younger or more sensitive listeners. But the rest of you will enjoy the, um, heck out of it.
Dec 11, 2015•7 min
'Tis the season for giving gifts, and we know you have lots of readers on your holiday list. So here are two suggestions: "The Wilson Deception" is a fast-paced thriller set during the 1919 negotiations over the Treaty of Versailles. It is the second in a series by lawyer and author David O. Stewart (the first was called "The Lincoln Deception") who writes both historical novels and works of history. He's been on the show before, discussing his book, "Madison's Gift." "Black Earth: The Holocaust...
Dec 04, 2015•54 min
We've previously discussed the incarceration of Japanese-Americans during World War II. Several times. This time, on a trip to California, Stewart and his older son, Tom, visit one of the places our fellow Americans were incarcerated, without due process, simply because of their ethnicity: Manzanar, an American Concentration Camp.
Nov 28, 2015•54 min
Religious freedom is guaranteed by our First Amendment. Why? Because theocracies do bad things. Very bad things. Recently, hundreds of girls were kidnapped by Boko Haram, which is trying to set up a fundamentalist Islamist theocracy in Nigeria. Precious few of these girls have escaped. This week, Stewart talks with one of them.
Nov 24, 2015•53 min
Join Stewart as he talks to two of his colleagues from the University of Tennessee about two surprisingly constitutional areas of the law: copyright and antitrust. First, Gary Pulsinelli tells us about the '60's band "The Turtles" and its long-running battle over control of its songs, a battle that may have consequences that go far beyond whether you agree that, gee, Eleanor is swell. Then Brian Krumm tells us how both federal antitrust law and state regulatory law may figure prominently in the ...
Nov 21, 2015•54 min
Spies! Atomic secrets! Hollow nickels! Hollow nickels? Yep. Have you seen the new Tom Hanks/Steven Spielberg movie? Did you know that it's based on a real constitutional case? Tune in and Jeff Kahn of Southern Methodist University will tell you all about it.
Nov 06, 2015•54 min
If you're a public radio listener, you've heard of BJ Leiderman. Hundreds of times. He's that fellow whose name is announced at the end of so many great shows, from Morning Edition to Science Friday: "and our theme music is by BJ Leiderman." Did you ever wonder who this guy is? Or how he came up with so many wonderful songs? Stewart did. Then, one day, he received an email message . . . . WARNING: This episode of Your Weekly Constitutional has nothing to do with the United States Constitution. B...
Oct 30, 2015•54 min
President Jonathan Alger of James Madison University recently invited Stewart to give the first presentation in this year's Madison Vision Series at JMU. Stewart spent two days on JMU's campus, meeting faculty and students, giving his presentation and, most notably, recording some Constitutional Quizzes with President Alger. The first of those quizzes appears in this episode, which features a fascinating conversation with the man we affectionately call "The Quiz Prez."
Oct 23, 2015•54 min
Did you ever wish that someone would write a short, easy-to-read introduction to the United States Constitution? Well, someone has. Her name is Linda Monk, and her book, just recently updated, is called, "The Words We Live By."
Sep 30, 2015•54 min
Every summer for the past seven years, Stewart has taught at the University of Tennessee's College of Law, where the faculty is always up to something interesting. Today, we'll hear from Greg Stein, an expert on (of all things) Chinese property law, who will explain to us just how pivotal his subject is to China's economic rise and its (perhaps not so rosy) economic future. Then we'll hear from Joan Heminway, who'll tell us all about something you may have heard of, or perhaps even participated ...
Sep 19, 2015•54 min
SPOILER ALERT: THIS PODCAST DISCUSSES SOME IMPORTANT PLOT ELEMENTS IN "A GAME OF THRONES." SO DON'T CUT OUR HEADS OFF! PLEASE! Is it possible to be both good and effective in politics? If you're a fan of Game of Thrones, you already know the answer to that one. To be a member of the prominent Stark family is to be both good and, most likely, dead. But is that necessarily true in the real world? This is a question of vital importance in any political system, including our constitutional republic....
Sep 11, 2015•54 min
Laura Auricchio of the New School in New York City wants us to take a new look at the Marquis de Lafayette -- you know, that French guy who helped George Washington kick some serious British booty? It seems that, while Lafayette's still quite a hero over here, he's not so well respected Over There. We'll tell you why.
Sep 04, 2015•54 min
We just can't seem to get away from the Religious Freedom Restoration Acts that various governments have enacted. What happens when one of those acts clashes with an antidiscrimination statute? Strangely, the flashpoint issue seems to involve cake. Some conservative Christian bakers object to making wedding cakes for gay couples. Does religious freedom trump equality, or the other way around? Two constitutional values are at odds, although the legal issues, for now, are mostly statutory. Join us...
Aug 28, 2015•54 min
Barbara Kingsolver, the best-selling, award-winning author, was recently asked to write an op-ed piece for the Manchester Guardian on the continuing controversy over the display of the Confederate Battle Flag. It took her only a day to compose her brief essay, and only a few hours for the responses to start pouring in from around the world. Join us for a thoughtful discussion with one of the world's great writers.
Aug 21, 2015•54 min
No matter what you may have heard from your friendly neighborhood neo-Confederate, slaves did not like being enslaved, not even those with "good masters." One man born into the "peculiar institution" decided to do something about it, with tragic consequences. His name was Nat Turner. Join us for a fascinating discussion of the most significant slave rebellion in American constitutional history with UNC law professor Al Brophy.
Aug 14, 2015•54 min
