Constitutional Chats Presented By Constituting America

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...

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 bo...

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 enfor...

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...

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 d...

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 overru...

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...

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...

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 predictabili...

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...

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...

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 betw...

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," t...

"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 exte...

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.

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!

He has been called the Godfather of the Declaration! Who was he? Listen to find out as we discuss Virginia's George Wythe with Author Suzanne Harman Munson! The last in our "Little Known Signers of the Declaration" series!

Only one person signed the Continental Association (or Articles of Association - during the First Continental Congress), the Declaration of Independence, the Articles of Confederation, the United States Constitution and the First Continental Congress's  Petition to the King (1774). These are foundational documents that created our country. And you probably never heard of him. Join our panel and sp...

He was a physician, United States Mint Treasurer, Member of the Continental Congress, founder of a college, Surgeon General of the Continental Army and "the father of American psychiatry." He also signed the Declaration of Independence. He was Dr. Benjamin Rush. Join our panel and author William Federer as we dive into the life of Dr. Rush in this exciting and informative chat.

Did you know that in addition to signing the Declaration of Independence, George Ross was also minister, lawyer and served in the continental army? This little known founding fathers also shares his last name with his famous niece! Join our panel and special guest Gary Porter for an insightful discussion into this remarkable founding father.

Please join our panel as we welcome special guest Vincent Cannato. He's the author of "American Passage: The History of Ellis Island." Our discussion focuses on the history of Ellis Island and how the immigration debate from that time period continues today.

Join Circuit Court Judge Michael Warren for this enlightening chat as he and our panel discuss various regulations regarding COVID vaccinations. What can the federal government and private businesses require? Listen to find out!

Our Guest Thomas Jipping of the Heritage Foundation joins us to present a history of the size of the Supreme Court, and past efforts to change the number of justices, known as court packing. Mr. Jipping also discusses The Presidential Commission on the Supreme Court of the United States, its mission and structure, and various reforms that may be considered by the commission.

Our guest, Texas Attorney General Ken Paxton, joins us to give us a first-hand account of our immigration system today. The Attorney General and our panel discuss both legal and illegal immigration and how they tie into our legal system spelled out in the Constitution. Join us for episode three of The Constitution And Immigration: The Constitution and Immigration today!

Our guest, Wilfred McClay, is the author of "Land of Hope: An Invitation to the Great American Story." For millions of immigrants, Ellis Island was the first stop on their way to their American Dream. Our panel and guest discuss immigration in the first half of the 20th century. Join us for episode two of The Constitution And Immigration: Ellis Island!