Constitutional Chats Presented By Constituting America

One might question why the 3rd Amendment was given such a lofty position behind 1st amendment protections and the right to keep and bear arms. It's not often talked about and doesn't drive the news cycle or inspire mass protesting.   So why did The Founders codify that we do not have to quarter soldiers in our homes?   What act of parliament was this amendment directly countering? And what role di...

The Bill of Rights are quite the exercise in brevity. Perhaps that is no more apparent than in the second amendment. 27 words is all it has.   Yet those 27 words have a set off countless newspaper articles, TV segments, court cases and endless debate.   Just what did The Founders intend when they wrote those 27 words? What clues in other founding documents can give us insight into their intent? Do...

Perhaps no amendment is as hotly debated as the First Amendment, and specifically the clauses related to freedom of religion: the establishment clause and the free exercise clause. Even though none of the charges against the king outlined in the Declaration of Independence concern religion, religious liberty is the very first concern in the Bill of Rights.  In the few words concerning religion, th...

When someone refers to the First Amendment, they are often referring to freedom of speech.   Are you aware that there are actually 6 enumerated freedoms protected in the First Amendment?   Along with speech, the First Amendment guarantees Freedom of the Press, Freedom to Peaceably Assemble, Freedom to Petition the Government   for Redress of Grievances, Freedom to Practice Religion and the notion...

We are kicking off a new series today focusing on the Bill of Rights.   Hopefully we all know the Bill of Rights are the first 10 amendments to the Constitution and enshrine some of the most basic tenets of liberty and freedom we know today.   But what do we know beyond that?   What do we know about how it came to pass through ratification and the debate between the Federalists and Anti-federalist...

It's been called "The Miracle at Philadephia."   Though most of us, we hope, know our Constitution was an experiment in self-government, do we really understand how revolutionary it was in the late 18th century to create such a government or the struggles endured to see it signed and ratified?   The Founders believed for this experiment to succeed, the document itself wasn't enough.   The principl...

Buckle up, we are going to cover a lot of ground today!   As we have learned, the grand structures of our government were created in earlier articles in the US Constitution: Congress, the Presidency, the Judiciary, the Amendment Process, the guarantee of republicanism.   Article VI codified that debts incurred by the previous government would be recognized and paid back by the new government under...

Through Articles, 1-4, The Constitution gives us three branches of government and guarantees republicanism to the states. Should we later desire an amendment to the Constitution, how would that happen?   Article V answers that question by codifying an amendment process.   The Founders wanted to strike the right balance between too strong of a central government, like the monarchy in England from w...

If you've been following our discussion over the last few weeks about each article of the U.S. Constitution, you know the Founders created the legislative, executive and federal judiciary with Articles 1-3.  But it took far more than just organization at the federal level to create our government.  Enter Article 4, which guarantees republicanism to every state.  Why is that so important and vital...

The Constitution creates the federal judiciary in Article III, but did you know it does not actually give a specific number of Supreme Court Justices we are to have?  Throughout our country's history, we have fluctuated between 5-10 Justices, but have held steady at nine since 1869. The last few years have seen a renewed interest in "court-packing," that is, expanding the number of Justices to cha...

Did you know Article 3 of the U.S. Constitution, which creates the federal judiciary, has its roots in the Declaration of Independence?   That's right.   Among the charges Thomas Jefferson cited for independence, he writes, "He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries."   The Founding Fathers directly addressed this...

The Emancipation Proclamation was issued by one in 1863.  One created the precursor to the Department of Homeland Security in October 2001. George Washington issued 8 of them, including one establishing our Thanksgiving Holiday.  President Harrison issued none, while President Franklin Roosevelt issued 3,721 (by some count).  Today we are discussing Executive Orders.  What are they?  How are they...

Regular followers of Constituting America know this by heart: Article I of our Constitution creates Congress which creates law.  Article II creates the Executive Branch which enforces law.  Article III creates the Judicial Branch which interprets law. Article II is what we are discussing today.  While we know the President is the head of the executive branch, that position alone cannot enforce all...

Constituting America viewers of a certain generation will undoubtedly remember a cartoon from Schoolhouse Rock called "I'm Just A Bill" that explained the legislative process in how a bill becomes law.  James Madison wanted the process of legislating to be intentionally difficult through both houses to prevent what he called in Federalist 62 as "improper acts of legislation."  We all know Congress...

This is worth pondering. We know the very first article in the U.S. Constitution creates Congress and gives it power at the same time.  For lawmaking authority to be delegated to Congress, that means that power already existed but wasn't delegated, right?  Where did that power reside? The answer to that question is found in the first 3 words in the Preamble, "We The People."  If the legislative br...

Fifty-five men arguing over 88 days.   That's what it took at the Constitutional Convention in 1787 to draft a preamble and the seven articles that make up our Constitution.   With the Articles of Confederation as a starting point, what were the challenges facing the delegates?   How were compromises reached balancing state vs. federal power?   What structural changes to the Articles of Confederat...

It has 13 stars on a blue background and 13 stripes of alternating red and white. Our country's first flag was a rallying symbol during the American Revolution. But what do you know about the woman who made the flag, Betsy Ross? A devout Quaker, she was a young widow when her late husband's uncle, Declaration of Independence signer George Ross, tasked her with making the flag. On National Flag Day...

In four years we will celebrate the biggest birthday our country has ever seen.  In fact, planning for this birthday celebration began in 2016!  That year, President Obama signed into law H.R. 4875, legislation which formally created the United States Semiquincentennial Commission to plan the commemoration of the 250th anniversary of the founding of the United States.  Constituting America co-foun...

During election cycles Americans often debate the value of the Electoral College.  Not every citizen understands why the Founders created it, how it works today, and why it is so important to the stability of our Nation.  Mr. Maibach traces its origin to the Constitutional Convention held in Philadelphia in the summer of 1787.  The Electoral College was a compromise between the 9 small states and...

Madison defined it in Federalist No. 10.  George Washington cautioned against it in his Farewell Address.  What we call partisanship today, the Founders called faction.  And they were concerned with its prevalence in politics.  In their desire to create a government that featured reason over passion, the Founders were acutely aware of the negative effects faction brings.  What can we do about it?...

Imagine this. You are designing a new country and have a coin in your hand to flip. One side is anarchy and the other is tyranny. What do you do?   You flip the coin and try to get it to land on its side. This is what our Founders were aiming for when creating our country.   We are happy to have Professor Gordon Lloyd of Pepperdine University with our student panel as we discuss everything from th...

Have you ever thought about our Constitution as a practical exercise in governance rather than an academic exercise?  What that means is the Constitution addresses real problems accounting for human nature rather than viewing men through a utopian lens as virtuous "angels."  In Federalist 51, Madison tells us "if men were angels, no government would be necessary."  Join our panel and Professor Joe...

The Roman Empire, at its peak, spread from the Persian Gulf to England and encompassed all of the land adjacent to the Mediterranean Sea.  How could an empire so large and powerful ultimately fall?  What lessons from the Empire's fall did our Framers recognize to influence the structure of our own country?  According to our guest, Professor Joerg Knipprath of Southwestern Law School, one of the re...

How did two 17th century European philosophers shape the various systems of government we see worldwide? Thomas Hobbes believed stability relied on a "Leviathan" government, an all powerful state to maintain order.   John Locke wrote about unalienable rights and the role of government in protecting those rights.   Authoritative countries like Russia, China and North Korea follow the "Leviathan" mo...

When you think of a monarch, what comes to mind? Castles, moats and leading an entire country? Perhaps pomp and circumstance and a fancy throne? Have you ever thought about monarchies as perhaps the original form of government? In this chat with Professor Joerg Knipprath, our panel discusses the pros and cons of monarchies, how they can devolve into tyranny and how our Framers studied past civiliz...