Consider the Constitution

In this episode, host Dr. Katie Crawford-Lackey interviews historian Dr. Peter Kastor about how America's founding generation transformed constitutional ideals into functioning government institutions. Learn about the challenges faced by early federal leaders, the overlooked contributions of thousands of ordinary civil servants, and how this formative period established enduring traditions of public service and constitutional governance. 

In this enlightening episode of Consider the Constitution, host Dr. Katie Crawford Lackey sits down with Dr. Dennis Rasmussen, professor of political science at Syracuse University's Maxwell School of Citizenship and Public Affairs. Their conversation explores the philosophical underpinnings that influenced the creation of the U.S. Constitution, particularly focusing on Enlightenment thinkers like John Locke, David Hume, Adam Smith, and Montesquieu whose ideas shaped the framers' thinking.Dr. Rasmussen, author of "Fears of a Setting Sun," provides fascinating insights into how the founders – particularly Madison – navigated between theory and practical application when designing America's system of government. The discussion reveals surprising details about Madison's disappointment with certain aspects of the Constitution, the founders' evolving opinions about their creation, and the remarkable durability of America's founding document despite its imperfections. This episode offers listeners a deeper understanding of the intellectual foundations of American constitutional governance and reflects on what lessons we might draw from the founders' experiences as we face today's political challenges.

In this episode of Consider the Constitution, host Dr. Katie Crawford-Lackey welcomes back Kendra Johnson, assistant Public Defender in Fairfax, Virginia, to explore the Fourth, Fifth, and Sixth Amendments. Johnson explains how these amendments form the backbone of criminal procedure in America and protect citizens from government overreach.The discussion begins with an overview of each amendment: the Fourth Amendment protecting against unreasonable searches and seizures, the Fifth Amendment covering rights such as protection against self-incrimination and double jeopardy, and the Sixth Amendment ensuring the right to a speedy trial, impartial jury, and legal counsel. Johnson shares insights into the historical context of these amendments, explaining how the Framers developed these protections in response to abuses they had witnessed under British rule.The conversation highlights landmark Supreme Court cases that have shaped these rights over time, including Katz v. United States, which established the "reasonable expectation of privacy" standard; Miranda v. Arizona, which created the famous "Miranda warnings"; and Gideon v. Wainwright, which guaranteed the right to an attorney even for those who cannot afford one.The episode concludes with a discussion of emerging challenges to these constitutional protections in the digital age, including questions about surveillance technology, online trials, and artificial intelligence in the criminal justice system. Johnson emphasizes that these amendments are vital not just for those accused of crimes but for all citizens, as they establish boundaries on government power that protect everyone's liberty regardless of who holds political office.

Host Dr. Katie Crawford-Lackey welcomes Dr. Casey Burgat back to James Madison's Montpelier to discuss his new book, "We Hold These Truths: How to Spot the Myths That Are Holding America Back." 

In this compelling conversation with historian Dr. Joshua Rothman from the University of Alabama, we explore the complex relationship between slavery and the U.S. Constitution. Dr. Rothman reveals how the founding document's compromises—from the three-fifths clause to the fugitive slave provision—both protected and perpetuated human bondage while planting seeds for eventual conflict. We discuss how economic forces, technological innovations like the cotton gin, and territorial expansion transformed what founders might have seen as temporary accommodations into entrenched systems that ultimately led to Civil War. Dr. Rothman's insights illuminate the profound contradictions at the heart of American democracy: a nation founded on ideals of freedom while simultaneously codifying and expanding slavery. This episode offers essential context for understanding the constitutional crisis that erupted at Fort Sumter in April 1861. 

In this special episode of Consider the Constitution, Dr. Katie Crawford-Lackey explores the evolving role of America's First Ladies with Anita McBride, former Assistant to President George W. Bush and Chief of Staff to First Lady Laura Bush, and co-author of "Remember the First Ladies: The Legacies of America's History-Making Women." Though the Constitution never defines this role, First Ladies, from Martha Washington to today, have wielded significant influence in shaping policy, diplomacy, and national identity. McBride shares fascinating insights about how these women served as essential partners to presidents while carving out their own legacies - from Dolley Madison saving White House treasures during war to Lady Bird Johnson advocating for civil rights in the hostile South. Drawing from her extensive research for her book, McBride reveals how these remarkable women used their "automatic powerful platform" to advance the nation, even when they themselves lacked constitutional rights.

In this compelling episode, host Dr. Katie Crawford Lackey sits down with Sharon McMahon, "America's Government Teacher" and New York Times bestselling author of "The Small and the Mighty," to explore the remarkable stories of overlooked women who shaped American democracy. From Rebecca Brown Mitchell, who helped secure women's suffrage in Idaho decades before the 19th Amendment, to fifteen-year-old Claudette Colvin, whose courageous stand against bus segregation helped pave the way for the Montgomery Bus Boycott, McMahon brings to light the extraordinary contributions of ordinary Americans who changed history. The conversation delves into how these "small and mighty" individuals' persistent efforts for liberty and justice continue to impact our nation today, reminding us that everyone has the power to make meaningful change. Through these inspiring stories, McMahon and Crawford Lackey demonstrate how progress is born of struggle and why every person's contribution to democracy matters, even when the results aren't immediately visible. 

What defines constitutional leadership in today's complex political landscape? Dr. Barbara Perry, co-director of the presidential oral history program at the Miller Center, examines how modern presidents navigate their constitutional authority while facing unprecedented challenges. Drawing from her extensive work conducting presidential oral histories, Perry illuminates the delicate balance between executive power and constitutional constraints, from the critical process of peaceful power transitions to the expansion of civil rights. Through compelling stories of presidents from both parties, she reveals how different leaders have interpreted their constitutional role, managed times of crisis, and shaped the office of the presidency. The conversation explores how the founders' vision for executive authority, first shaped by James Madison, continues to evolve as each president grapples with their constitutional obligations to preserve, protect, and defend American democracy.

In this episode of Consider the Constitution, we explore the presidential pardon power with Professor Kim Whele from the University of Baltimore Law School. The discussion covers the historical origins of pardons from British common law, its incorporation into the U.S. Constitution, and how this power has evolved through American history through the recent pardons by both President Biden and President Trump in 2024-2025.

Bitter rivals, fake news, and fears of biblical proportions—welcome to the U.S. presidential election of 1800. Consider the Constitution Host Katie Crawford-Lackey and historian John Ragosta unpack America's first transfer of power between opposing parties, revealing surprising parallels to our current political moment.

How would James Madison, the architect of the First Amendment, view today's controversial TikTok ban debate? Host Dr. Katie Crawford Lackey and constitutional expert Dr. Lynn Uzzell explore the surprising parallels between 18th-century free speech battles and our modern social media challenges.

In this season finale, host Dr. Katie Crawford Lackey and producer Adam Belmar reflect on key conversations from the first season of Consider the Constitution Podcast. They revisit notable discussions with constitutional scholars about Article III, judicial review, Madison's vision for managing political diversity, and the evolution of constitutional rights. Highlights include insights on voting rights, the legacy of Reconstruction, privacy in the digital age, and George Washington's approach to the presidency. The episode emphasizes how the Constitution continues to shape American democracy while underscoring the importance of civic engagement and education.Scholars in this episode:1. Dr. Lauren Bell - discussing Article III2. F. Michael Higginbotham - on judicial review3. Dr. Jay Cost - on Madison's vision for political diversity4. Dr. Beau Breslin - on constitutional endurance and Jefferson's views5. Dr. Lynn Uzzell - on the Bill of Rights6. Professor Kendra Johnson - on privacy rights and technology7. Jade Ryerson - on the right to assembly8. Dr. Pippa Holloway - on voting rights9. Professor Julie Suk - on women's suffrage10. Dr. DeAnza Cook - on the 13th Amendment and mass incarceration11. Dr. Hasan Jeffries - on Reconstruction and originalism12. Dr. Lindsay Chervinsky - on George Washington's presidency13. David O. Stewart - on Washington at the Constitutional Convention14. Dr. John Ragosta - on early political divisions15. Professor Michael Gerhardt - on impeachment

Dr. Lindsay Chervinsky, Executive Director of the George Washington Presidential Library, joins host Dr. Katie Crawford-Lackey to explore the evolution of presidential power from the nation's founding through the early republic. Drawing from her new book "Making the Presidency: John Adams and the Precedents That Forged The Republic," she discusses how George Washington and John Adams shaped the executive office, established crucial precedents, and navigated the delicate balance between effective governance and preventing monarchical power.

Nurturing civic engagement in America means raising a new generation of informed, active citizens. Special guest Dr. Lindsey Cormack joins host Katie Crawford-Lackey to discuss her latest book, How to Raise a Citizen (And Why It's up to You to Do It), and share practical strategies for engaging children in politics. Whether you're a parent, educator, or simply invested in the future of our nation, this episode offers valuable tools for nurturing engaged citizens in an increasingly complex political landscape.

In the final installment of our special three-part series exploring the global impact of the U.S. Constitution, we bring you inside an immersive constitution-building simulation at James Madison's Montpelier. This episode features interviews with six emerging leaders from Sub-Saharan Africa, participants in the U.S. Department of State's Young African Leaders Initiative (YALI). These distinguished public servants share their insights on democracy, civic engagement, and the role of youth in shaping their countries' futures.Building on themes from our previous episodes with Professor Heinz Klug and Dr. Tinashe Hofisi, this episode offers a unique perspective on how America's constitutional journey resonates with young leaders working to strengthen democratic institutions in their own nations. Join us as we explore how the principles of the U.S. Constitution continue to inspire and inform global conversations on governance, rights, and civic responsibility.

In this second installment of our special three-part miniseries on global democracy, Dr. Katie Crawford Lackey interviews Dr. Tinashe Hofisi, a human rights lawyer and constitutional scholar from Zimbabwe. Dr. Hofisi, an alumnus and instructor of the Young African Leaders Initiative (YALI), shares insights from his research on judicial power in a global context. Funded by Virginia Humanities and produced in collaboration with the Presidential Precinct, this episode explores the complexities of establishing and maintaining effective judicial systems, particularly in post-colonial African nations. Dr. Hofisi discusses the importance of judicial independence, the challenges of creating representative courts, and the surprising effectiveness of lower courts in enforcing constitutional rights.

In this first episode of a special three-part mini-series, host Dr. Katie Crawford Lackey of the Robert H. Smith Center for the Constitution at James Madison's Montpelier explores the global impact of the U.S. Constitution. Funded by Virginia Humanities and produced in collaboration with the Presidential Precinct, this series highlights the experiences of Young African Leaders Initiative (YALI) Mandela Washington Fellows. Featuring an interview with Professor Heinz Klug, a South African constitutional scholar, the episode delves into the complexities of constitution-building, the importance of context in drafting constitutions, and the role of public participation in shaping democracy. Klug shares insights from his involvement in South Africa's post-apartheid transition, discussing the challenges of balancing diverse stakeholder interests and the necessity of "constructive ambiguity" in constitutional language. Gain valuable perspectives on the fundamental principles and challenges of creating effective governance structures in different cultural and historical contexts.

The Reconstruction era following the American Civil War sought to redefine the place of newly freed African Americans in society and align Constitutional promises with reality.  History Professor Hasan Kwame Jeffries of The Ohio State University joins host Dr. Katie Crawford-Lackey to discuss contested visions for post-war America among different groups, the impact of the 13th, 14th, and 15th Amendments, and efforts to disenfranchise Black voters despite Constitutional protections.Dr. Jeffries provides historical context on how progress made during Reconstruction was systematically undermined and discusses the tensions between the letter and spirit of Constitutional amendments. 

Articles V and VII of the U.S. Constitution outline the amendment and ratification process. Host Dr. Katie Crawford-Lackey is joined by Skidmore College Political Science Professor Dr. Beau Breslin to discuss the two pathways for amending the Constitution and the high bar for making changes. This episode also touches on the importance of the Constitution's preamble, its evolution during the drafting process, and how it might be different if written today. 

In the Judiciary Act of 1789, the First Congress created the office of the U.S. Attorneys, which was signed into law by President George Washington. Timothy J. Heaphy, a former U.S. Attorney for the Western District of Virginia, joins host Dr. Katie Crawford-Lackey to discuss the roles and responsibilities of U.S. Attorneys within the federal justice system and the significance of collaboration between different levels of law enforcement.

This July 4th, 2024 episode explores the history between "democracy" and "republic" in America's government. George Washington University Assistant Professor Dr. Casey Burgat discusses how these concepts were understood at the Constitutional Convention in 1787 and how they complement each other. Recorded at James Madison's Montpelier, the conversation emphasizes civic engagement's role in maintaining this delicate balance amid evolving political landscapes.

In this episode of Consider the Constitution, recorded close to the 2024 Juneteenth federal holiday commemorating the end of slavery, host Dr. Katie Crawford-Lackey interviews Dr. DeAnza Cook about the Reconstruction Amendments (13th, 14th, and 15th) and their impact on the American justice system. Dr. Cook explains how the 13th Amendment abolished slavery but left a loophole allowing involuntary servitude as punishment for a crime. This led to the disproportionate criminalization and incarceration of Black Americans during the Reconstruction era and beyond.The 14th and 15th Amendments aimed to address citizenship and voting rights for African Americans, but racial discrimination persisted. Black activists leveraged these amendments to challenge racist policing and punishment practices through the courts, protests, and self-defense. However, mass incarceration, which began in the late 20th century, continues to disproportionately affect people of color.Dr. Cook introduces the concept of "abolition democracy," which argues that the abolition of slavery was not enough to secure the rights and freedoms promised to Black Americans. She emphasizes the importance of restoring voting rights for those serving felony convictions and addressing de facto disenfranchisement in jails.The episode underscores the ongoing struggle for equal protection under the law and the need for collective action to pursue a more just and inclusive democracy, particularly as we reflect on the significance of Juneteenth.

In this episode of "Consider the Constitution," Dr. Katie Crawford-Lackey interviews Dr. Mila Versteeg, a professor at the University of Virginia School of Law, about modern democratic governance and the role of constitutions. They discuss the differences between the U.S. Constitution and those of other countries, the importance of citizens in enforcing constitutional rights, and the challenges of maintaining fidelity to the Constitution in hyperpartisan environments. Dr. Versteeg emphasizes the significance of citizen engagement in safeguarding democracy.

In this episode of Consider the Constitution, Professor Michael J Klarman delves into the intricate history behind the drafting and ratification of the U.S. Constitution. He explores the compromises and debates between competing interest groups at the Constitutional Convention, the evolution of democracy since its ratification, and the unique challenges posed by the Constitution's rigidity. Klarman also sheds light on James Madison's indispensable role in the creation and defense of this foundational document. 

Delve into the heart of the impeachment process in the U.S. Constitution with Professor Michael J. Gerhardt,  a distinguished professor of jurisprudence at the University of North Carolina Law School. Explore the historical origins, the framers' intentions, and the complexities of holding high-ranking officials accountable. With insights into recent events and the evolving role of political parties, this episode offers a thought-provoking examination of democracy's safeguard. 

Historian and author David O. Stewart joins host Dr. Katie Crawford-Lackey to discuss the leadership styles of key figures like George Washington and James Madison, and how their personalities and approaches to politics shaped the drafting of the U.S.  Constitution. Stewart emphasizes the importance of character in leadership, and how understanding the humanity of these historical figures can provide valuable insights.

This episode considers the origins and development of policing and police-community relations in America.  DeAnza A. Cook, Assistant Professor of Contemporary African American History and Black Leadership at The Ohio State University, joins host Dr. Katie Crawford-Lackey to discuss the changes in law enforcement post-Civil War, the impact of the civil rights movement on law enforcement, and current challenges in forging a better relationship between communities and law enforcement.

In this episode, Julie C. Suk, Professor of Law, at Fordham University School of Law discusses the 19th Amendment, which granted women the right to vote in the United States. The discussion covers the history of the women's suffrage movement, the impact of the 19th Amendment, and the ongoing struggle for gender equality. Despite the 19th Amendment, many women, particularly African-American and indigenous women, still faced discrimination.

In this episode, Dr. Danielle Charette, an expert on 18th-century political economy, discusses the economic instability faced by the newly independent states, the economic debates during the Constitutional Convention, and the economic theories influencing the founders. The podcast also explores the economic boom during the Gilded Age and the original intersection of capitalism and democracy in the United States. 

In this episode, Dr. John Ragosta, a historian at the Robert H. Smith International Center for Jefferson Studies at Monticello, discusses the political turmoil in the 1790s. The period saw hyper-partisanship, with Federalists like John Adams and Alexander Hamilton supporting a strong central government, while Democratic Republicans like Thomas Jefferson and James Madison favored stronger state government. The Alien and Sedition Acts, which gave the President the authority to deport any alien deemed dangerous and made it illegal to criticize the President or Congress, were a significant point of contention. The episode also discusses how Jefferson and Madison realized they had gone too far with their partisan battles and pulled back, leading to a more unified political climate. The episode concludes with a discussion on the importance of a free press, the concept of a loyal opposition, and the principle that the majority rules but the minority must accept this until the next election.

Inside the debate between James Madison and Thomas Jefferson over the endurance of the U.S. Constitution. Jefferson believed that each generation should rewrite the Constitution, while Madison argued for a Constitution that endures over time to build up necessary reverence and respect. Host Dr. Katie Crawford-Lackey is joined by Skidmore College Political Science Professor Dr. Beau Breslin to discuss the implications if Jefferson's argument had prevailed and what it would mean for political engagement today.Professor Breslin is the author of A Constitution for the Living: Imagining How Five Generations of Americans Would Rewrite the Nation's Fundamental Law. Stanford, CA: Stanford University Press, 2021.

In this episode of Consider the Constitution, host Dr. Katie Crawford Lackey discusses the right to vote, or suffrage, and how it functions as a mechanism for citizens to participate in the democratic process. Special guest, Dr. Pippa Holloway, a history professor at the University of Richmond, discusses the evolution of voting rights in the U.S., from the ambiguity surrounding citizenship and voting rights in the original Constitution to the clarification provided in the mid-19th century. The conversation also covers the 13th, 14th, and 15th Amendments, the women's suffrage movement, and the challenges faced by different groups in gaining and exercising their voting rights. 

In this episode of Consider the Constitution, host Dr. Katie Crawford-Lackey and Professor Kendra Johnson discuss the Fourth Amendment, which focuses on aspects of privacy.  The interpretation of the Fourth Amendment has evolved with technology, with cases involving wiretapping and cell phone searches setting precedents.  Professor Johnson discusses the historical context of the Fourth Amendment, its impact on everyday life, and its potential future implications, particularly concerning advancing technology and privacy concerns.

In this episode of the Consider the Constitution podcast, host Dr. Katie Crawford-Lackey interviews Tim Longo, Sr., a veteran law enforcement officer and current Associate Vice President for Safety and Security and Chief of Police at the University of Virginia. They discuss the role of law enforcement in upholding the Constitution, the importance of understanding the First Amendment, and the concept of qualified immunity. Longo emphasizes the need for better training for officers on the First Amendment and the importance of understanding the "why" behind their actions. He also discusses the balance between protecting individual rights and ensuring community safety. 

In this episode of Consider The Constitution, host Dr. Katie Crawford-Lackey is joined by Suzanne Moore and Benjamin Eckert, Park Rangers of Interpretation at Independence National Historical Park in Philadelphia, to discuss the drafting and ratification of the Bill of Rights.  Congress Hall in Philadelphia was the site of the ratification of the Bill of Rights on December 15, 1791.  During Congress Hall's duration as the Capitol of the United States, the country admitted three new states, Vermont, Kentucky, and Tennessee; ratified the Bill of Rights of the United States Constitution; and oversaw the presidential inaugurations of both George Washington (his second) and John Adams.

In this episode of Consider the Constitution, host Dr. Katie Crawford-Lackey is joined by Montpelier Senior Research Historian Hilarie M. Hicks for a conversation about the relationship between James Madison and the Marquis de Lafayette, a Frenchman who became an icon of the American Revolution. The two men first met in 1784 and developed a deep friendship that was both politically advantageous and intellectually stimulating. They exchanged over 65 letters and their political philosophies are discussed in this episode. The podcast also touches on Madison's views on slavery and freedom of religion, and how these views influenced his drafting of the US Constitution. Lafayette's visit to the United States in 1824 and 1825, and his conversations with Madison during these visits, are also discussed.

In the episode of "Consider the Constitution," host Dr. Katie Crawford-Lacky interviews constitutional law expert Prof. F. Michael Higginbotham. They discuss the role of the Supreme Court in American life, past and present. Higginbotham explains the court's function in interpreting laws and determining their consistency with the Constitution. They also discuss key Supreme Court cases, including Marbury vs. Madison, which established judicial review, and Plessy vs. Ferguson, which upheld racial segregation. Higginbotham highlights the importance of the Brown vs. Board of Education case in ending segregation in education.

In this episode of Consider the Constitution, host Dr. Katie Crawford-Lackey is joined by Patrick Campbell, a retired US Marine Corps officer, attorney, veteran high school government teacher, and assistant director of the Center for the Constitution. Campbell discusses the Center for the Constitution's work engaging diverse audiences with the concept of government by the people. He also talks about the importance of compromise in a democratic society, the role of the media, and the impact of physical spaces like Montpelier on understanding the democratic process. Campbell emphasizes the need for ongoing dialogue and engagement in the democratic process, stating that our freedoms mean more than our disagreements.

In this episode of the podcast "Consider the Constitution," host Dr. Katie Crawford-Lackey discusses Article III of the US Constitution, which established the judicial branch. She is joined by Dr. Lauren Bell, a political science professor and former fellow at the United States Supreme Court. They discuss the brevity of Article III compared to other articles, the jurisdiction of the Supreme Court, and the relationship between federal and state courts. They also delve into the significance of the Marbury v. Madison case, in which Chief Justice John Marshall established the power of judicial review. The conversation concludes with a discussion on the current state of the Supreme Court and the challenges it faces in maintaining public trust and legitimacy.

Hear the best moments from all of our Constitution Month 2023 podcast episodes.  Join Dr. Katie Crawford-Lackey as we consider The Bill of Rights, the First Amendment, the original text of the Constitution, the balance between government authority and civil liberties, the value of a free press, and the need for citizens to be politically and civically informed.

In this episode of Consider the Constitution, we're considering freedom of the press and the role of news media in our democracy.  The Hon. Adam Belmar served as Deputy Assistant to the President of the United States and Deputy Director of White House Communications for Production. He also held the role of Senior Producer at ABC News, running the Washington DC bureau of ABC's "Good Morning America" and the Sunday morning public affairs show "This Week With George Stephanopoulos." 

In this episode of Consider the Constitution, we're taking a deep dive into the sections or articles of the Constitution - the document as it was signed on September 17, 1787.  Our special guest is Dr. Jay Cost, the Gerald R. Ford nonresident senior fellow at the American Enterprise Institute (AEI), where he focuses on elections, politics, and public opinion. He has published several books about James Madison and the founding era, and his next book, Democracy or Republic: The People Under the Constitution, is due to be released by AEI Press later this year.

Our special guest today on Consider the Constitution is Jade Ryerson, a scholar who is passionate about using public history to encourage civic engagement. Jade earned her master's degree in Heritage Studies and Public History from the University of Minnesota and currently serves as the historian with the Mississippi National River and Recreation Area. In this episode of the podcast, we discuss the First Amendment "right of the people peaceably to assemble."Opinions expressed are solely those of the guest and do not express the views or opinions of their employer.

Dr. Lynn Uzzell is a scholar steeped in the foundational principles of America's constitutional republic. She earned her Ph.D. in politics from the Institute of Philosophical Studies at the University of Dallas and spent four years as a Scholar in Residence at the Center for the Constitution at James Madison's Montpelier. In this episode, we discuss the Bill of Rights. What they are. Why they are so important. And whether they protect individuals today the way Madison conceived of them.