Your Weekly Constitutional

Episode 1: Good Night . . . and Good Luck

Stewart Harris — Mon, 16 Aug 2021 18:42:57 +0000

Well, it's been ten years. A good run. But all things must come to an end.

The Constitution and 2020 - WETS Fundraiser

Stewart Harris — Sat, 17 Oct 2020 16:15:53 +0000

At last! A new episode!

Well, kinda. We're not yet resuming production (sorry), but Wayne and Stewart got together via Skype to discuss some of 2020's most pressing issues.

Their interview was part of WETS' 2020 fall fundraiser--so, if you're inclined to support the station that brings you "Your Weekly Constitutional," please consider making a donation.

A Tale of Two Papers

Stewart Harris — Fri, 03 Jul 2020 15:18:00 +0000

Two of Stewart's students join us to discuss papers they wrote for his constitutional seminars.

First, Jennifer Bolt tells us about the history of slavery and human trafficking among Asian immigrants.

Then D.T. Christmas talks about, well, breasts.

Join us!

The Deep State

Stewart Harris — Wed, 03 Jun 2020 20:02:28 +0000

Is there such a thing? Well, there’s certainly something called the Administrative State, governed by something called administrative law. Stewart’s colleague, Akram Faizer, is writing a new article on it.

He and Stewart discuss Akram's ideas and even argue a little bit about them. Turns out that Stewart has some pretty strong opinions on the subject.

Presidential Smackdown! Andrew Jackson v. Donald Trump

Stewart Harris — Mon, 06 Apr 2020 16:48:37 +0000

Donald Trump likes to compare himself to Andrew Jackson. So do his supporters. So do his opponents, for very different reasons.

Are any of these comparisons valid? We ask a guy who should know: University of Tennessee historian Dan Feller, the Director of The Papers of Andrew Jackson.

Exonerated! Part Two

Stewart Harris — Mon, 06 Apr 2020 16:40:43 +0000

This is Part Two of a two-part episode.

In Part One, we told you about Kristine Bunch, who experienced the worst thing that could happen to any parent: the death of her son, Tony.

Then we started to tell you what happened next: a false accusation of arson and murder, a conviction, and more than a decade in prison.

Now we’ll tell you the rest of Kristine’s story.

Exonerated! Part One

Stewart Harris — Mon, 06 Apr 2020 16:33:06 +0000

Kristine Bunch experienced the worst thing that could happen to any parent: the death of her son, Tony.

But then things got worse. Much worse. She was accused of his murder. She was accused of burning him to death.

Join us for a poignant tale of a wrongful accusation and its terrible aftermath.

The First Impeachment

Stewart Harris — Mon, 30 Mar 2020 15:29:59 +0000

Nope. Not Andrew Johnson. It's a guy named William Blount, who was kicked out of the United States Senate more than two hundred years ago.

But, like Johnson, Blount was an East Tennessean. Perhaps there's something in the water here.

University of Tennessee historian Chris Magra tells the tale.

Okay, Brexit. What Now?

Stewart Harris — Sat, 15 Feb 2020 20:59:15 +0000

Well, it happened. Brexit, that is. As of January 31, 2020, the UK is no longer a member of the EU.

So . . . what's changed? And what happens next? Our go-to Brexit Guy, William Walton, shares his wisdom with us.

Does Tort Reform Violate your Right to a Jury Trial?

Stewart Harris — Sat, 15 Feb 2020 20:54:23 +0000

Appellate Attorney John Vail recently argued a case in the Tennessee Supreme Court presenting a very important issue: Does Tennessee’s $750,000 cap on "noneconomic" personal injury damages violate the Tennessee Constitution? This case could have a significant impact on so-called "tort reform," in Tennessee and beyond.

Defying the President

Stewart Harris — Sat, 15 Feb 2020 20:06:00 +0000

Remember the parade last fall? The parade of high federal officials lining up to testify before Congress in the impeachment inquiry?

Now that the Senate has failed to remove Trump from office, it's payback time. Many of those officials are feeling Trump's wrath.

Former federal prosecutor and current D.C. lawyer Benjamin Vernia, whom Stewart previously interviewed about the Mueller Report, sat down with us again and explained all.

Please note: this interview was recorded in late 2019, before the Senate impeachment trial.

Fault Lines in the Constitution

Stewart Harris — Sat, 15 Feb 2020 19:12:56 +0000

Sanford Levinson is a law professor from Texas who is very critical of our Constitution’s “structural flaws.” We interviewed him several years ago on this topic. Now, he’s teamed up with his wife, Cynthia, an author of children’s books, to explain his arguments to a younger audience.

Hey, you're never too young to start becoming a good citizen.

Why Impeach Donald Trump?

Stewart Harris — Mon, 06 Jan 2020 19:05:55 +0000

Donald Trump often claims that some folks have been trying to impeach him since the day he was sworn in. He's right.

Stewart speaks with one of those folks, Ron Fein, of Free Speech for People. Ron's organization has gone beyond calling for Trump's removal from office--it has actually drafted six different Articles of Impeachment.

The Ethically-Constrained President

Stewart Harris — Mon, 06 Jan 2020 18:47:44 +0000

No, not our current president. Another one, perhaps the greatest in our history: Abraham Lincoln.

Lincoln was anti-slavery, but he didn’t believe that the Constitution gave him the power to ban slavery where it existed. And Lincoln believed in the rule of law. But, eventually, of course, things changed.

Daniel Stowell, the former Editor of the Lincoln Papers, was the 2019 McMurtry Lecturer at Lincoln Memorial University. Daniel tells Stewart about Lincoln’s ethical dilemma and how he resolved it.

Impeachment in Context

Stewart Harris — Wed, 11 Dec 2019 19:13:16 +0000

The air is, once again, heavy with talk of impeachment. It’s happened three times before (if you count Richard Nixon’s resignation, which you should).

Stewart talks with his buddy Russell Riley from the University of Virginia’s Miller Center, where the talk is almost always about presidents, and, sometimes, about impeaching them.

Virginia in the Vanguard

Stewart Harris — Wed, 11 Dec 2019 18:43:00 +0000

Recently, Stewart attended a conference at Montpelier focused upon the essential role that Virginia has played in establishing and maintaining representative democracy in North America and the pivotal year of 1619.

Jon Alger, the President of James Madison University, also attended. The two of them discuss what they learned, and what they and many others are doing to extend Virginia's legacy.

Fighting White Supremacy

Stewart Harris — Wed, 11 Dec 2019 17:52:48 +0000

“Domestic terrorism” has been in the news a lot lately. Many of the mass shootings we’ve recently experienced seem to have been motivated, at least in part, by white supremacist ideology, perhaps with the intent to provoke widespread terror. This has prompted at least one proposal in Congress to create a domestic terrorism statute mirroring laws already in place to fight international terrorism.

Doug McKechnie, our First Amendment Guy, discusses some of the constitutional issues such a statute would create, including not only concerns about free speech and association, but also about wiretaps and other forms of government surveillance.

And, anyway, are such laws even necessary? Aren’t there already statutes on the books that criminalize murder, assault, damage to property, and conspiracy? Is this a road we want to go down?

Tariff Man!

Stewart Harris — Wed, 20 Nov 2019 22:38:25 +0000

Donald Trump calls himself Tariff Man, and he certainly seems to enjoy waging his trade wars. Has he exceeded his constitutional authority? What, precisely, is a tariff, anyway? And who has the power to impose them?

Joel Trachtman of the Fletcher School of Law and Diplomacy at Tufts University shares his expertise with Stewart, and, boy, does Joel know a lot about law, economics, and, well, tariffs.

ERA in VA: The Battle Continues

Stewart Harris — Fri, 25 Oct 2019 20:25:10 +0000

Earlier this year, we told you about the push for Virginia to become the final necessary state to ratify the Equal Rights Amendment. That hasn't happened yet, but the battle continues.

We speak with Virginia's Deputy Solicitor General, Michelle Kallen, who guides us through the constitutional thicket.

Democracy and Truth

Stewart Harris — Thu, 03 Oct 2019 20:32:52 +0000

Sophia Rosenfeld is a historian at the University of Pennsylvania. She's published an incisive and timely book about the fraught relationship between democratic governance and, well, the truth.

Turns out that when it comes to politics--SPOILER ALERT--not everything you hear is factual. And some people--SPOILER ALERT--believe falsehoods even after they've been debunked.

But aren't facts necessary to democratic debate and governance? How can we address these fundamental problems? Sophia has a few ideas. Join us!

Sacred Liberty

Stewart Harris — Tue, 24 Sep 2019 15:00:57 +0000

Steven Waldman has been writing about religion and spirituality for a long time. He is the co-founder of Beliefnet, a website devoted to such issues. More recently, he has written a book about the history of religious freedom in the United States. It’s called Sacred Liberty.

Join us for a spirited, and spiritual, discussion.

Jawing with Jemmy and Bantering With Bryan

Stewart Harris — Wed, 11 Sep 2019 19:31:25 +0000

Recently, Montpelier installed a time machine in the Potter Family Studios. Stewart had the honor of being the first to try it. So, of course, he set his dials for the founding era, and, of course, his first guest was James Madison.

With a little assistance from Colonial Williamsburg interpreter Bryan Austin, Stewart had a delightful conversation set in two pivotal years: 1776 and 1787. Then Bryan broke character to tell us about his exciting career and the unlikely path that led him to Williamsburg.

Constitutional Migration

Stewart Harris — Thu, 05 Sep 2019 18:06:37 +0000

Birds migrate. So do monarch butterflies. And so do constitutions.

So says A.E. "Dick" Howard, the White Burkett Miller Professor of Law and Public Affairs at the University of Virginia. And he should know--over the past fifty years, whenever constitutional ideas migrated from the United States to other countries, Dick Howard seemed to be there.

Brexit Update, 2019, Part Two

Stewart Harris — Wed, 28 Aug 2019 20:30:00 +0000

We finish our two-part interview with our go-to guy on all things Brexit, British barrister William Walton of the University of Hertfordshire.

Will Brexit happen, despite the lack of an agreement with the EU? What about Ireland? What about Scotland? What about Wales? Is the UK on the verge of a breakup? Will the world economy crash? With Parliament suspended, is democracy in Britain dead?

Think we’re overstating it? Think again.

Brexit Update, 2019, Part One

Stewart Harris — Wed, 28 Aug 2019 20:19:13 +0000

The Queen has suspended Parliament at the request of Prime Minister Boris Johnson. Is this the end of British democracy? Or just another quirk of that fascinating, amorphous thing called the British Constitution?

We talk to our go-to guy on all things Brexit, William Walton.

The Overseer's Cabin

Stewart Harris — Thu, 22 Aug 2019 19:29:51 +0000

Matthew Reeves, the Director of Archaeology at James Madison's Montpelier, tells us about his next big project: the reconstruction of the overseer's cabin.

Montpelier doesn't hide its history as a slave plantation. It's one reason we're so very honored to associated with James and Dolley's historic home.

Vote for Us

Stewart Harris — Sun, 11 Aug 2019 15:31:37 +0000

Josh Douglas teaches at the University of Kentucky, where he studies voting in the United States. Despite the current political environment, he sees lots of good being done.

He’s written about it in a new book, Vote for US, in which he tells the stories of people who are working in their communities to secure voting rights for themselves and their fellow citizens.

Join us for an inspiring conversation.

The Transgender Ban

Stewart Harris — Tue, 06 Aug 2019 18:24:18 +0000

Is the ban on military service for transgender people unconstitutional?

Eric Merriam thinks so. He’s a law professor at the University of Central Florida who previously worked for the Air Force, both as a Judge Advocate General Corps officer and as a professor at the Air Force Academy. He thinks the ban, allegedly justified by something called “unit cohesion,” is actually based upon unconstitutional animus aimed at trans people.

Abortion Update, 2019

Stewart Harris — Sun, 04 Aug 2019 12:09:27 +0000

What’s up with all the new laws on abortion? What do they contain? Why now?

Mary Ziegler, a law professor at Florida State University, has written several books on abortion. She puts everything in historical context, and speculates on what might happen next.

Trigger warning: this episode includes some explicit discussion. It may not be appropriate for younger listeners.

How to Save the Supreme Court

Stewart Harris — Sat, 03 Aug 2019 18:46:24 +0000

Does the Supreme Court need saving?

Ganesh Sitaraman thinks so. He teaches constitutional law at Vanderbilt University, and, like many of us, he is troubled by current political challenges to the Supreme Court’s legitimacy. Unlike most of us, however, he has some concrete proposals to save it. He and co-author Daniel Epps have put their ideas into writing in an article that will soon appear in the Yale Law Journal.

As Stewart points out, some of the proposals in the article are pretty radical, but Ganesh has thoughtful and interesting arguments in favor of them.

Join us for a deep dive into the highest court in the land.

The Clinton 12

Stewart Harris — Fri, 26 Jul 2019 16:44:06 +0000

A year before Little Rock, twelve brave African-American students in Clinton, Tennessee, participated in the first court-ordered integration of an all-white high school after Brown v. Board of Education.

Retired attorney Jerry Shattuck, who was a student at Clinton High at the time, tells the tale. This one will bring tears to your eyes.

Obstruction of Justice and the Omnipresnt OLC

Stewart Harris — Wed, 24 Jul 2019 16:19:30 +0000

Ever since the release of the Mueller Report, we’ve all been hearing about something called “obstruction of justice.” But what, precisely, does that mean? And what is this thing called the "OLC" that apparently prevented an indictment of Donald Trump, regardless of the evidence against him?

Former federal prosecutor Benjamin Vernia enlightens us.

Seven Steps toward Revitalizing American Democracy

Stewart Harris — Sat, 20 Jul 2019 21:52:00 +0000

Many people bemoan the growing gaps in wealth and income in our country, as well as their negative effects on our political discourse and our trust in our government. Akram Faizer has some concrete proposals to fix at least part of the problem. Some of his proposals are quite controversial. All of them are interesting.

The Trials of Nina McCall

Stewart Harris — Fri, 19 Jul 2019 19:47:02 +0000

You’re young, innocent, female. Perhaps 18 years old. You’re walking down the street in your hometown on a fine spring day.

A car pulls to the curb. A man gets out. He has a gun. And a badge.

“Come with me,” he says.

“Why?” You think perhaps someone has been hurt.

“You’re under arrest.”

“What? Why?”

The cop gives you a hard look. “Suspicion of promiscuity.”

Seems unlikely, doesn’t it? Laughable. But it’s no joke. Such things really happened, and not so long ago, to thousands of American women. One of those women was Nina McCall. Author Scott W. Stern tells us all about it.

Closin' Down Colleges

Stewart Harris — Thu, 16 May 2019 19:43:54 +0000

Professor Pat Baker of the University of Tennessee at Martin has noticed something troubling about small private colleges. They’re closing down. At an alarming rate. Why is this? And is there anything we can do about it?

Some people have tried lawsuits, but the courts haven’t been very helpful, for a couple of very constitutional reasons.

Crushin' on Jemmy

Stewart Harris — Thu, 16 May 2019 19:20:24 +0000

Linda Monk has been on our show before, to discuss her wonderful books, "The Words We Live By" and "The Bill of Rights: A User's Guide." She was also this year's keynote speaker at Montpelier's celebration of Presidents' Day, where she confessed to Stewart that she has a longtime crush on James Madison.

Congressional Oversight

Stewart Harris — Tue, 26 Mar 2019 14:21:55 +0000

Since the Democrats overwhelmed the House of Representatives with their Blue Wave, there’s been a lot of talk about investigations and hearings.

Investigations and hearings and even impeachment are part of something called “congressional oversight” of the Executive. Dean Ronald Weich of the University of Baltimore’s law school tells us all about some common myths and misperceptions about this very important part of constitutional checks and balances.

National Emergency? What National Emergency?

Stewart Harris — Thu, 14 Mar 2019 19:58:07 +0000

Andrew Boyle works for the Liberty and National Security Program at the Brennan Center for Justice. He and Stewart start at the very beginning of a very current issue: What, precisely, constitutes a “national emergency?” Who gets to declare one? And what happens then?

Specifically, can Donald Trump use the powers granted to the Executive during a national emergency to build his wall? He’ll face a fair amount of resistance, and Andrew and Stewart consider the various forms it might take.

The Schoolhouse Gate

Stewart Harris — Sun, 03 Mar 2019 00:32:50 +0000

Justin Driver is a law professor at the University of Chicago. He is concerned about the extent to which public school students are paddled, searched, stifled and otherwise denied their constitutional rights.

He’s so concerned that he's written a book about it called "The Schoolhouse Gate." Recently, he sat down with Stewart to talk about it.

Second Amendment Update, 2019

Stewart Harris — Mon, 25 Feb 2019 16:04:44 +0000

We haven't heard much from the Supreme Court lately on the Second Amendment. That may soon change. So the Law Review at Lincoln Memorial University’s law school decided to host a symposium, bringing together leading Second Amendment scholars from around the country.

Two of the scholars at the symposium sat down with Stewart to share their contrasting views. We'll hear from Stephen Halbrook, a Senior Fellow at the Independent Institute, and Robert Spitzer, a Distinguished Service Professor at the State University of New York-Cortland.

Satan Update, 2019

Stewart Harris — Fri, 22 Feb 2019 13:31:11 +0000

Well, he’s at it again: Beelzebub and his minions are showing up at public buildings, demanding equal space with other religious displays. Doesn't this guy ever quit?

Our First Amendment Guy, Doug McKechnie, tells us all about it. He and Stewart also talk about some other current First Amendment issues.

Deforming Torts and Conserving Nature

Stewart Harris — Mon, 04 Feb 2019 20:48:43 +0000

“Tort Reform” takes many different forms. One way to “reform” tort law is to limit the damages that a plaintiff may receive, regardless of what the judge or jury considers appropriate. Recently, however, a federal court held that Tennessee’s limitation on tort damages violates the state’s constitution. Tennessee lawyer Tony Seaton tells us about the big stir this decision is creating, especially among personal injury lawyers.

Then, on a more pastoral subject, we speak with our buddy Kat Imhoff about Montpelier's efforts to conserve James Madison's natural legacy.

Join us!

Marijuana Update, 2019

Stewart Harris — Tue, 29 Jan 2019 16:00:32 +0000

Prohibition is a very constitutional subject, the focus of both the 18th and the 21st Amendments.

Howard Wooldridge of Citizens Opposed to Prohibition joins us, again, to update us on his increasingly successful efforts to end the prohibition of marijuana at both the state and – drum roll, please – the federal levels.

Yep, you heard that right. Howard thinks that the federal prohibition of the wacky weed will soon end. Join us for a mellow conversation.

Teaching -- and Rejecting -- Hard History

Stewart Harris — Fri, 25 Jan 2019 15:20:27 +0000

Hilarie Hicks, a senior researcher at Montpelier, often encounters “hard history,” that is, history that we don’t necessarily like to think about. At Montpelier, most of the hard history involves slavery, which is featured prominently throughout the estate.

But not everyone is happy about that. A number of visitors leave rather critical messages on the comment cards that Hilarie collects. She and Montpelier’s Director of Marketing and Communications, Price Thomas, share some of those comments with us.

Resurrecting Montpelier

Stewart Harris — Sat, 19 Jan 2019 14:41:50 +0000

Jennifer Wilkoski Glass has one of the coolest jobs in the world: she’s part architect, part detective. She figures out what buildings used to look like, what they were made of, how they were constructed . . . and then she rebuilds them.

Join us as Jennifer shares her experiences and future plans at James Madison's Montpelier.

Say What?

Stewart Harris — Wed, 02 Jan 2019 16:19:34 +0000

Colleges and universities are supposed to be dedicated to the generation and dissemination of knowledge. They can’t accomplish that mission without academic freedom and the free exchange of ideas.

Lately, however, there has been growing resistance to the idea of free speech on campus, often for very good reasons: the desire for diversity and inclusion of underrepresented or oppressed groups.

How do we balance these sometimes-conflicting values? Well, we can begin by talking about them, and that’s just what Stewart did with students, faculty and administrators from Appalachian State University at ASU’s annual event, “Say What?”

People Like Us

Stewart Harris — Fri, 28 Dec 2018 16:36:25 +0000

The Blue Wave that recently swept over the House of Representatives and a number of state legislatures was powered largely by women, and resulted in a number of new elected officials who look a lot less white and a lot less male than their predecessors.

Author Sayu Bhojwani anticipated this phenomenon in her new book, People Like Us: The New Wave of Candidates Knocking at Democracy’s Door. Join us for an interesting take on the changes in our republic that are taking place before our very eyes.

ERA . . . in VA?

Stewart Harris — Thu, 27 Dec 2018 15:57:08 +0000

Remember the ERA, the Equal Rights Amendment proposed in the Seventies designed to guarantee equal rights for women?

It was never ratified — at least not so far. But a group of feminists in Virginia is determined to change that, and they feel like they’re getting close.

Stewart discusses this exciting new development with Kati Hornung of VAratifyERA, after setting the scene with an excerpt from a 2012 interview with Knoxville attorney Wanda Sobieski.

Why Montpelier?

Stewart Harris — Wed, 26 Dec 2018 23:04:29 +0000

Why preserve a presidential home? Because history? Well, okay, that makes sense.

But why a particular president's home? Why make the enormous effort, financial and otherwise? Dennis Kernahan is the Chair of the Board of Directors of the Montpelier Foundation, the nonprofit that preserves and operates James Madison’s home. Recently, Dennis sat down with Stewart to discuss the Board’s role, particularly its vision for what Montpelier is and should be.

Join us for a thoughtful and enlightening discussion.

For Us? By Us?

Stewart Harris — Wed, 26 Dec 2018 16:44:06 +0000

Montpelier recently commissioned a national survey on the Constitution--not to measure our constitutional literacy, but to figure out what parts of the Constitution are working, and which parts aren't. The results, which can be broken down by race, gender, and income, are illuminating.

Stewart sits down with Francois Baird, a member of Montpelier's Board of Directors, and Price Thomas, Montpelier's Director of Communications, to talk about it.

The Descendants of Slavery

Stewart Harris — Mon, 24 Dec 2018 23:26:24 +0000

Montpelier's African American Descendants' Project seeks to identify and create bridges to living descendants of the African American women and men who were enslaved at Montpelier and elsewhere in Orange County, Virginia.

Hannah Scruggs is an important part of the project. In addition to her research skills, she brings her heritage: she is a descendant of a nearby enslaved community.

In this episode, she shares her experiences, professional and personal, with Stewart.

The Tango War

Stewart Harris — Sun, 23 Dec 2018 21:16:54 +0000

Article II of the Constitution gives the President virtually unfettered authority over foreign affairs and the conduct of war. Franklin Roosevelt certainly used that power to maximum effect before and during World War II.

One overlooked theater of that war is far more important than most Americans realize: Latin America. Author Mary Jo McConahay describes President Roosevelt’s decade-long dance with the Axis Powers and their Latin American sympathizers in her new book, The Tango War.

Join us for a fascinating discussion, chock full of stories, revelations, and unexpected characters—from Nelson Rockefeller to Mickey Mouse.

Lincoln's Golden Apple

Stewart Harris — Sun, 23 Dec 2018 18:06:52 +0000

Brian Dirck, a historian from Anderson University, was 2018's R. Gerald McMurtry Lecturer at Lincoln Memorial University's Duncan School of Law.

Brian tells us about what he refers to as Lincoln’s Golden Apple—the idealism that motivated Lincoln’s practical politics.

Double Jeopardy

Stewart Harris — Sun, 23 Dec 2018 16:36:01 +0000

Melanie Reid teaches criminal law and procedure at Lincoln Memorial University’s Duncan School of Law. Recently, she wrote an article on a surprisingly complicated topic: double jeopardy.

You’ve heard of it, but, chances are, you don’t fully understand it. Neither did Stewart. But Melanie explained it to him. She'll explain it to you, too.

Aiding the Poor

Stewart Harris — Sat, 22 Dec 2018 22:21:13 +0000

If you’re accused of a crime and you can’t afford a lawyer, you have a right to a state-appointed public defender.

But what happens if you get into non-criminal legal trouble, like a landlord-tenant case or a property dispute? Who you gonna call? Legal Aid.

Dave Yoder, the former Executive Director of Legal Aid of East Tennessee, tells us all about this important organization. But Legal Aid can’t do it alone. It needs the assistance of dedicated private attorneys, attorneys like Tony Seaton of Johnson City, Tennessee who joins us to discuss what he calls Access to Justice.

Justice Delayed, but Not Denied

Stewart Harris — Sat, 22 Dec 2018 16:37:22 +0000

You may never have heard of Elbert Williams. We aim to fix that. Because Elbert Williams deserves to be remembered.

He was the very first member of the NAACP to be killed for his efforts in the modern civil rights movement. No one even knows where he’s buried.

Retired Tennessee trial attorney Jim Emison has devoted years to finding Elbert and telling his story. Join us for a poignant and inspiring tale.

Madison's Notes

Stewart Harris — Sun, 28 Oct 2018 16:34:51 +0000

Some controversies never die. Soon after James Madison published his notes on the Constitutional Convention -- the most complete and thorough account of that secret proceeding -- his political rivals accused him of slanting his version of events.

In a recent book, Mary Bilder of Harvard University published what she claimed was new evidence that Madison's editing was more than just editing. Two Madison scholars, Jonathan Gienapp of Stanford University, and Lynn Uzzell, the former Scholar in Residence at Montpelier, tell us about the continuing debate.

Lies My Teacher Told Me

Stewart Harris — Mon, 24 Sep 2018 12:25:30 +0000

As James Madison noted in 1822: "Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives."

So it's pretty obvious why we’ve interviewed best-selling author James Loewen several times. This time, we’re talking about the re-issue of his most famous book, in which he tells us “Everything Your American History Textbook Got Wrong.”

A Duty to Warn?

Stewart Harris — Thu, 20 Sep 2018 21:49:48 +0000

The Goldwater Rule prohibits psychiatrists and psychologists from diagnosing anyone unless they have examined the patient personally.

But some health care professionals insist that another ethical concept trumps the Goldwater Rule: the duty to warn others if a patient is a threat.

The “patient” in question is Donald Trump, and these professionals have decided to warn the world that he is dangerously mentally ill. They’ve even written a book: Rocket Man: Nuclear Madness and the Mind of Donald Trump.

We hear from both sides on this contentious issue: Dr. Charles Dike of Yale, who defends the Goldwater Rule, and Dr. John Gartner, who taught for many years at Johns Hopkins, and who is one of the founders of the group Duty to Warn.

Immigration Update, 2018, Part II

Stewart Harris — Fri, 14 Sep 2018 18:49:48 +0000

LMU Law School's Professor William Gill continues his update of immigration issues, telling us about his own experiences representing migrants caught up in ICE raids in Morristown, Tennessee.

The Bill of Rights: A User's Guide

Stewart Harris — Thu, 16 Aug 2018 20:19:04 +0000

Constitutional scholar Linda Monk has published an updated edition of a book that provides a concise history and overview of some of the most important and cherished of our constitutional rights, including stories of ordinary people who brought those rights to life.

Join us for some constitutional inspiration.

Immigration Update, 2018, Part I

Stewart Harris — Fri, 03 Aug 2018 16:15:57 +0000

Immigration is much in the news (and in the courts) this year. Indeed, there is so much to discuss that we're devoting two episodes to our annual update.

In Part One, Stewart speaks with Professor William Gill of Lincoln Memorial University’s law school about the recent Supreme Court decision upholding the Muslim Ban. They also discuss the separation of migrant families at the U.S. border.

Fifty-One Imperfect Solutions

Stewart Harris — Thu, 19 Jul 2018 15:51:15 +0000

Most of us focus so much upon the U.S. Constitution and the U.S. Supreme Court that we sometimes forget that there is more than one constitution in the United States. There are fifty-one constitutions, to be precise, one for the national government, and one for each of the fifty state governments.

Jeffrey Sutton, a federal appellate judge, has written a timely new book reminding us of the importance of those fifty state constitutions, and of the state courts that interpret them.

All the President's Tweets

Stewart Harris — Thu, 12 Jul 2018 20:02:06 +0000

Doug McKechnie, who teaches constitutional law at the United States Air Force Academy, has just written a law review article in which he neither praises nor condemns Donald Trump's tweets. Instead, he suggests that, love 'em or hate 'em, those tweets have small-d democratic value.

Barbara Johns Day

Stewart Harris — Mon, 02 Jul 2018 16:32:13 +0000

Lacy Ward, Jr., of the John Marshal Foundation, tells us about Barbara Johns, a sixteen-year-old girl who, in 1951, led a student walkout to protest her separate, and very unequal, public high school in Prince Edward County, Virgina.

After leading the walkout, Barbara Johns contacted the NAACP, which took her case all the way to the Supreme Court, where it eventually became part of Brown v. Board of Education.

Virginia has now designated April 23 as Barbara Johns Day.

Join us for a fascinating, inspiring, and poignant tale about a woman who really does deserve her own day.

Montpelier, Constitutional History, and . . . LIDAR!

Stewart Harris — Mon, 02 Jul 2018 16:01:09 +0000

Matt Reeves, Montpelier’s Director of Archaeology & Landscape Restoration, tells us how he is using a new technology, Light Detection And Ranging, or LIDAR, to peer beneath the forest canopy and find traces of the past that have been hidden for centuries.

After we finish with Matt, we’ll talk about a controversy over California’s ban on small, “battery” cages for chickens, and how that ban affects interstate commerce -- and how Congress may soon respond. Our guests are Dave Duquette, the National Strategic Planner for Protect the Harvest, and Bob Martin, the Director of Food System Policy at the Johns Hopkins Center for a Livable Future.

The British (Students) are Coming!

Stewart Harris — Mon, 02 Jul 2018 15:38:58 +0000

Professors William Walton and Tony Storey of the University of Northumbria recently brought some of their British and European law students to Montpelier.

After a tour and a discussion of the First Amendment, Stewart invited the students into the Potter Family Studios to ask them about their impressions of the United States and its Constitution. Stories, insights, and a bit of hilarity ensued.

Fourth Amendment Update -- 2018

Stewart Harris — Mon, 11 Jun 2018 18:06:05 +0000

The Supreme Court is deciding three major cases this year involving the constitutional limits of police searches of things from motorcycles to cell phone records. Professor James Stern of William and Mary’s law school brings us up to date.

Brexit Update, 2018

Stewart Harris — Tue, 29 May 2018 17:12:00 +0000

William Walton and Tony Storey from the University of Northumbria join us for an intriguing discussion of what's happening with Brexit, two years after Britons voted to go their own way. It turns out that breaking up is hard to do.

Immigration Reform and that Pesky 14th Amendment

Stewart Harris — Sun, 13 May 2018 18:17:29 +0000

Everyone, it seems, has an opinion on immigration. The problem is that those opinions are often diametrically opposed.

Enter Stewart's colleague at Lincoln Memorial University’s Law School, Akram Faizer. Akram recently published an intriguing article in the Tennessee Law Review in which he suggests that conservatives and liberals might be able to agree on a policy employed by other nations: a much-expanded guest-worker and asylum program -- without a path to either permanent residency or naturalization.

But what about that pesky Fourteenth Amendment? Could guest workers effectively waive the rights of their unborn children to citizenship? Congress could certainly pass a law to that effect, but it would certainly be challenged. No doubt some children of guest workers would eventually object to the denial of what they would consider their constitutional birthright.

Join us for a timely and controversial discussion.

Madison's Stuff

Stewart Harris — Mon, 23 Apr 2018 00:04:54 +0000

The Curator at Montpelier, Teresa Teixeira, tells us all about the ongoing treasure hunt for James and Dolley Madisons’ furniture, books, and other belongings, most of which were sold after their deaths.

Teresa’s found quite a few items already, but the hunt continues.

The Cult of the Constitution

Stewart Harris — Thu, 12 Apr 2018 19:12:10 +0000

Mary Anne Franks teaches constitutional law at the University of Miami. She’s noticed that some people don’t just admire the Constitution, they worship it. Or, at least they worship the parts that they like, parts like the First and Second Amendments.

But there are lots of parts of the Constitution, and many of them are, arguably, just as important as the First and Second Amendments. How should we balance them all?

Join Mary Anne and Stewart for a fascinating and enlightening conversation about how modern Americans view their most basic law.

The Mere Distinction of Colour

Stewart Harris — Tue, 03 Apr 2018 11:28:57 +0000

Elizabeth Chew is the Vice President of Museum Programs at James Madison's Montpelier. In this episode, she joins Stewart in the Potter Family Studios to talk about what Montpelier has done with patriotic philanthropist David Rubenstein's recent ten-million-dollar gift. Short version: a lot, including reconstruction of several slave quarters and the creation of a remarkable new exhibit, "The Mere Distinction of Colour."

A Very Constitutional Park

Stewart Harris — Sun, 25 Mar 2018 15:24:07 +0000

Breaks Interstate Park, the "Grand Canyon of the South," was formed by a compact between the Commonwealths of Kentucky and Virginia. And as Park Director Austin Bradley tells us, that compact required congressional approval.

Austin also tells us about an upcoming PBS documentary on the park. You won't want to miss it, especially since it includes Stewart's movie debut.

Join us!

Lincoln and the Immigrant

Stewart Harris — Thu, 22 Mar 2018 20:59:07 +0000

Jason Silverman has done something rare: he's actually found something new to say about Abraham Lincoln.

Jason is the Ellison Capers Palmer, Jr. Professor of History, Emeritus, at Winthrop University. His new book, "Lincoln and the Immigrant," explores Lincoln's attitudes and actions toward those who made their way to our shores in the mid-Nineteenth Century.

This is history, of course, but Jason thinks that perhaps Lincoln has something to say to us about immigration today.

The Three Lives of James Madison

Stewart Harris — Tue, 20 Mar 2018 18:58:50 +0000

You meet the nicest people at Montpelier. That definitely includes Harvard Law School Professor Noah Feldman, who has just published a new, comprehensive biography of James Madison.

Noah recently sat down with Stewart in the Potter Family Studios at Montpelier, and talked all about Madison's life. As a bonus, Noah's son, Jaemin, joined the conversation -- and he didn't always agree with Dad.

Net Neutrality and Free Speech

Stewart Harris — Sun, 18 Mar 2018 23:57:18 +0000

Recently, the Federal Communications Commission reversed an Obama-era regulation requiring something called “net neutrality.”

What, precisely, is “net neutrality,” and how might it affect free speech? Turns out, nobody’s sure, but it could be “a lot.”

We’ll speak with Roy Gutterman, the Director of Syracuse University’s Tully Center for Free Speech. We'll also speak with Daniel Lyons of Boston College Law School.

Do you Have the Constitutional Right . . . to Kill Yourself?

Stewart Harris — Mon, 19 Feb 2018 18:04:41 +0000

Recently, the Court of Appeals of New York rejected a constitutional challenge to that state’s prohibition of physician-assisted suicide.

Should you have the right to kill yourself? Or, more specifically, should you have the right to do so with the assistance of a physician?

We’ll speak with Norman Cantor, an Emeritus professor from Rutgers Law School, who is sharply critical of the New York court’s decision, and with Samantha Crane, from an organization called Not Dead Yet, who supports it.

Trumping the Emoluments Clauses

Stewart Harris — Fri, 16 Feb 2018 16:24:50 +0000

Several lawsuits are moving through the courts, claiming that the President has violated something called the Emoluments Clauses of the Constitution. But what, precisely are these Emoluments Clauses? And how has the President allegedly violated them?

We’ll speak with two experts, on opposite sides of the issue: Jed Shugerman of Fordham Law School, and Josh Blackman of the South Texas College of Law in Houston.

Human Nature, James Madison, and Constitutional Design

Stewart Harris — Sat, 10 Feb 2018 18:08:05 +0000

Are we good, or evil, or perhaps both?

We’ll speak with Professor Alan Gibson of California State University at Chico, about James Madison’s views on human nature, and how those views affected the way he designed our national constitution.

Me Too and the Process Due

Stewart Harris — Mon, 29 Jan 2018 13:47:34 +0000

The Me Too movement has prompted sudden and dramatic changes in American society, most of them for the good. But does it also have a dark side?

We’ll hear from two professors, Michele Goodwin, of UC-Irvine, who recently wrote in the Huffington Post about her experiences trying to report sexual harassment as a young law professor, and KC Johnson, a historian from Brooklyn College, who is concerned about due process for the accused.

A Politician Thinking

Stewart Harris — Sun, 21 Jan 2018 14:40:03 +0000

Among the best aspects of our relationship with Montpelier is that it gives us frequent contact with brilliant minds. Among the most brilliant is Jack Rakove, a Madison scholar at Stanford University and a member of Montpelier's Board.

Jack has published a new book, "A Politician Thinking: The Creative Mind of James Madison." Recently, he and Stewart sat down at the Potter Family Studios at Montpelier and talked about it.

Join us for a fascinating discussion.

Kelo Update

Stewart Harris — Tue, 09 Jan 2018 20:40:46 +0000

The notorious Kelo decision was handed down more than a decade ago, giving states and localities broad powers of eminent domain. But states have, largely, turned their back on that power -- or claim to have done so.

We’ll speak with Ilya Somin, a law professor at George Mason University, who’ll bring us up to date on whether the government might take our homes and give them to someone else.

We’ll also speak to Patrick Baker of the University of Tennessee at Martin, who will tell us about an emerging property issue that may implicate Kelo: what to do with the underground voids left over when coal and other fossil fuels are mined. Some states, it seems, want to take that property away, without compensation.

Join us!

All the President's Nukes

Stewart Harris — Sun, 31 Dec 2017 19:04:41 +0000

The President, our Commander-in-Chief, has the ultimate authority over whether to use nuclear weapons. Lately, some people are wondering whether vesting so much power in one person is such a good idea.

We speak with Peter D. Feaver, a Duke professor who recently testified before the Senate Foreign Relations Committee on this very subject. We also speak with Stephen I. Schwartz, the former Publisher and Executive Director of the Bulletin of the Atomic Scientists.

Call me Doc

Stewart Harris — Wed, 27 Dec 2017 15:22:38 +0000

There are many laws regulating advertising. But, wait – advertising is speech. Isn’t such speech protected by the First Amendment? How does the government get away with regulating it?

The government even regulates how people describe themselves, at least professionally. It's typically illegal, for example, to call yourself a doctor or a lawyer unless you've actually gone through some sort of licensing process. But, again, don't you have a right to describe yourself as you see fit?

Attorney Mary Lou Serafine thinks so. The State of Texas threatened to penalize her when she called herself a psychologist without obtaining a Texas license to that effect. Law professor Tamara Piety disagrees. She thinks that there is room for regulation of commercial speech, including professional speech.

It's quite a debate. Join us!

What, Precisely, is Puerto Rico?

Stewart Harris — Sun, 24 Dec 2017 19:09:27 +0000

In the constitutional sense, we mean. Everyone knows that it’s an island, but what is its status under U.S. law? And how did it obtain that status? And what happens next?

We speak with Professor Harry Franqui-Rivera, who teaches history at Bloomfield College.

Charlottesville, Nazis, and Free Speech

Stewart Harris — Mon, 04 Dec 2017 19:45:26 +0000

After the tragedy in Charlottesville, many people are calling for limitations on “hate speech.” But, what, exactly, is hate speech? And can the government do anything about it?

Stewart speaks with two experts: Eugene Volokh, the creator of "The Volokh Conspiracy," a legal blog hosted by the Washington Post, and Richard Delgado, one of the founders of “critical race theory."

The Second Amendment after Las Vegas

Stewart Harris — Sat, 02 Dec 2017 15:28:59 +0000

The Second Amendment protects our right to keep and bear arms. But what, exactly, does that mean? And has anything changed since the tragedy in Las Vegas?

Stewart speaks with historian Saul Cornell of Fordham University, an expert on the early history of the Constitution, and with Professor James Jacobs of New York University, who questions whether gun control can ever work.

Just Who are these Immigrants, Anyway?

Stewart Harris — Fri, 17 Nov 2017 19:47:52 +0000

Immigration is a very constitutional issue, as well a matter of great political debate. Sometimes, we forget that it is also a human issue.

Join us as Stewart speaks with three students at the Duncan School of Law at Lincoln Memorial University who came to this country at a very young age. Their stories are poignant, inspiring, and sometimes terrifying.

Reconstructing Tennessee

Stewart Harris — Fri, 10 Nov 2017 20:47:22 +0000

Each year, the Abraham Lincoln Institute for the Study of Leadership and Public Policy at Lincoln Memorial University hosts the R. Gerald McMurtry Memorial Lecture at LMU's Duncan School of Law.

This year, the topic was Reconstruction, and the focus was Tennessee. Our McMurtry Lecturer was Sam D. Elliott, a lawyer and Civil War historian from Chattanooga. Sam was joined by Professor Stewart Harris, who spoke about secession, and by Dr. Charles Hubbard, who described Abraham Lincoln's many ethical dilemmas.

Join Sam, Charlie, and Stewart as they re-cap and discuss their presentations.

Constitution Day, 2017!

Stewart Harris — Wed, 08 Nov 2017 15:21:13 +0000

It's been five years since Stewart recorded a Constitution Day episode at Montpelier, and boy, have things changed!

Join him as he walks around the grounds on a spectacular September day, talks to staff members and guests, and even has a chat with President Madison himself.

A Conversation with Kat

Stewart Harris — Mon, 23 Oct 2017 20:03:51 +0000

Kat Imhoff has been the President and CEO of James Madison’s Montpelier for five years. During that time, she’s raised millions of dollars and supervised major improvements to Montpelier's grounds and programs.

Recently, Stewart sat down with her in the brand-new Potter Family Studio at the brand-new Claude Moore Hall at Montpelier's Robert H. Smith Center for the Constitution. Stewart and Kat talked all about her many accomplishments, as well as the challenges that lie ahead.

Join us for a fascinating conversation!

Impeached!

Stewart Harris — Sat, 21 Oct 2017 14:21:40 +0000

Talk of impeachment seems to be in the air these days, at least among Donald Trump's opponents. But is it likely? What, precisely, is the constitutional standard for impeachment?

We talk to David O. Stewart, author of what the Wall Street Journal recently identified as the very best book on the subject. It's called "Impeached: The Trial of President Andrew Johnson and the Fight for Lincoln's Legacy."

The Constitution at War

Stewart Harris — Sun, 08 Oct 2017 14:46:51 +0000

Does it seem to you that the United States is perpetually at war? How did that happen? What, if anything, can we do about it?

Stewart was recently out at Montpelier, where David Adler, the former Director of Boise State University’s Andrus Center for Public Policy, taught a seminar on how the Constitution treats the most significant decision any country can make: whether, and how, to go to war.

The Framers had some very definite ideas on the subject, but modern presidents, and many members of Congress, see it differently.

Why Did Lincoln Save the Union?

Stewart Harris — Wed, 27 Sep 2017 13:49:12 +0000

If the southern states wanted to secede, why didn’t Lincoln simply let them go? One could argue that they were making the same democratic decision that the British American colonies had made in 1776. One could also argue that secession was preferable to war. But Lincoln thought differently, and he was passionate in his belief. Why?

Professor Charles Hubbard, the Director of Lincoln Memorial University’s Abraham Lincoln Institute for the Study of Leadership and Public Policy, tells the fascinating tale.

Can You Sue the President?

Stewart Harris — Fri, 22 Sep 2017 17:48:37 +0000

Can you sue the President of the United States? Sure. But will a court hear the case? In legal terms, is the President immune from civil claims?

We’ll speak with Doug McKechnie, our First Amendment Guy, who’s just written a very timely article on the subject.

We’ll also hear from our good friend, Christopher Phillips, about the latest developments with his ongoing project, Democracy Café.

The Color of Law

Stewart Harris — Wed, 30 Aug 2017 11:40:44 +0000

Do you know the difference between de facto and de jure? They’re Latin terms, the first of which means “in effect,” and the second of which means “according to the law.” The distinction is important, since, generally, there is no constitutional remedy for wrongs that are de facto, only for those that are de jure.

Richard Rothstein of the Economic Policy Institute has written a new book, The Color of Law, which exposes the myth that segregated housing patterns in the United States are simply the de facto results of millions of private decisions; he shows that they are very much de jure results of American law.

The Death of Caesar

Stewart Harris — Mon, 21 Aug 2017 10:16:50 +0000

Julius Caesar died over two thousand years ago, on March 15, 44 BC. So why are we talking about him now? Well, because our Founders talked about him, and about others involved the Fall of the Roman Republic, and they talked about them a lot.

You see, the Roman Republic was perhaps the most successful republic in history before it failed in the face of demagoguery and tyranny.

Could the same fate befall our republic? We’ll talk to Barry Strauss, professor of history and classics at Cornell University, about his new book, The Death of Caesar.

Brexit Revisited

Stewart Harris — Tue, 15 Aug 2017 13:30:53 +0000

It’s been a year since the historic referendum in favor of Brexit, the British Exit from the European Union. But while negotiations over this fundamental change to the British Constitution have just begun, that doesn’t mean that our British cousins have just been sitting around. In fact, they’ve just had another historic vote. William Walton of Northumbria University brings us up to date.

Densho

Stewart Harris — Mon, 31 Jul 2017 17:48:19 +0000

You’ve heard of the Shoah foundations, haven’t you? They are organizations designed to record and preserve the memories of Holocaust survivors before those survivors pass away.

There’s a similar project underway for survivors of America’s concentration camps, where over a hundred thousand Americans of Japanese ancestry were incarcerated during World War II. It’s called Densho, and one of its founders, Tom Ikeda, tells us all about it.

Lithuania!

Stewart Harris — Tue, 18 Jul 2017 13:34:47 +0000

As we discussed in a recent episode, Stewart’s wife, Priscilla Harris, served as a 2017 Core Fulbright Scholar at Vilnius University in Lithuania.

Why VU? Why Lithuania? Well, it turns out that this little country, nestled in the northeastern corner of Europe, between Russia and the Baltic, has quite a history, and quite a bit of modern strategic importance.

Join Stewart and young Lithuanian attorney Remigijus Jokubauskas as they talk about Lithuania, past, present and future.

A Fulbright Scholar at Vilnius University.

Stewart Harris — Tue, 11 Jul 2017 13:06:55 +0000

The Fulbright Program was established in 1946 under legislation introduced by then-Senator J. William Fulbright of Arkansas. The Program is sponsored by the U.S. Department of State’s Bureau of Educational and Cultural Affairs, and is designed to promote international understanding and peace. Fulbright scholarships are highly competitive and prestigious.

Stewart’s wife, Priscilla Harris, recently served as a Fulbright Scholar on the Faculty of Law at Vilnius University in Lithuania. Join us as Priscilla and VU’s Law Dean Tomas Davulis, tell us all about this remarkable program at a remarkable university.

Robocop . . . is Almost Here

Stewart Harris — Fri, 07 Jul 2017 12:37:40 +0000

Remember that old Eighties flick, Robocop? It was about a real cop who was killed in the line of duty, then resurrected as a cyborg.

How about the Terminator movies, where Arnold Schwarzenneger played a powerful robot from the future, who was either good or bad, depending upon which episode you’re watching. It’s all just science fiction, right?

Wrong. It’s about to become science fact, and it has profound implications for the Fourth Amendment. Melanie Reid, a professor at LMU’s Duncan School of Law, tells us all about it.

We're also joined by LibrariAnn, who tells us about several recent publications dealing with law and technology.

Early Abolitionists

Stewart Harris — Fri, 30 Jun 2017 18:39:43 +0000

Abolition of slavery was not just a Civil War thing. Indeed, it has been an issue since long before our Constitution was written, and one group, the Quakers, was particularly outspoken about it.

Nicholas Wood, of Yale University, was recently at Montpelier to teach a seminar on early abolitionism, and Stewart sat down with him in the new Potter Studios.

Andrew Jackson, Part II

Stewart Harris — Wed, 21 Jun 2017 20:53:37 +0000

Andrew Jackson is such a complicated figure, and such a major subject of current interest, that we’ve decided to do two episodes on him.

In Part I, we talked about Jackson’s early life, his legal career, and his rise to prominence in the War of 1812.

In Part II, we pick up the story as Jackson uses his military victories to propel himself all the way to the White House.

Dan Feller, the Editor of the Papers of Andrew Jackson, is our guide.

Andrew Jackson, Part I

Stewart Harris — Thu, 15 Jun 2017 14:00:48 +0000

Old Hickory has been much in the news lately, with many people drawing comparisons between him and our current President. Indeed, Donald Trump recently visited Andrew Jackson’s historic home, The Hermitage, laid a wreath on Jackson’s grave and called himself a “big fan” of our seventh President.

Are such comparisons valid? And who was Andrew Jackson, anyway? These are complicated questions. Fortunately, Stewart was able to sit down and discuss them with Dan Feller, a history professor at the University of Tennessee who also happens to be the Editor of the Papers of Andrew Jackson. Dan knows so much about AJ that we had to split his fascinating interview into two parts.

Sovereignty, Treaties and Indigenous Peoples

Stewart Harris — Thu, 08 Jun 2017 22:24:49 +0000

Whether they are called Indigenous Peoples, Native Americans, or American Indians, people whose ancestors lived in what is now the United States before the arrival of Europeans present a fundamental constitutional question: are they U.S. citizens, or are they members of a separate nation? Or are they, perhaps, both?

If they are, collectively, nations of some kind, what is the status of the various treaties they have negotiated with the U.S. Government over the past several hundred years?

Recently, David Wilkins, a professor at the University of Minnesota, taught a seminar at Montpelier on these very questions. But before he did, he sat down and spoke with Stewart about them.

The Dancing Deputy

Stewart Harris — Fri, 02 Jun 2017 07:01:57 +0000

Ever heard of Deuntay Diggs? He’s a Watch Commander at the Sheriff’s Office in Stafford County, Virginia. As part of his duties, he appears before school assemblies and other community groups as “The Dancing Deputy.” His videos have gone viral, garnering more than 40 million hits. Stewart met him at a recent seminar at Montpelier on the Fourth Amendment, which regulates police searches and seizures.

Deuntay and Stewart hit it off immediately. But it soon emerged that Deuntay’s sunny and enthusiastic personality hides a tragic personal story, which he shares in this compelling episode.

Join us!

Jane Crow

Stewart Harris — Wed, 24 May 2017 18:44:29 +0000

Have you ever heard of Pauli Murray? Didn’t think so. So it's a good thing that Rosalind Rosenberg, a historian at Barnard College, has written a new biography of this extraordinary and underappreciated woman.

Pauli Murray was black, transgender, and brilliant – so brilliant that she mapped out the legal strategy that Ruth Bader Ginsberg would use to convince the Supreme Court to apply the Equal Protection Clause to women.

Over decades, Pauli Murray struggled against just about every barrier that society could put in her way, and prevailed.

Barron, Baltimore and the Bill of Rights, Part II

Stewart Harris — Wed, 17 May 2017 20:09:29 +0000

This is the continuation of the fascinating story behind an obscure, but vitally-important case from the early 1800’s, which helped define the American idea of a constitutional right.

William Davenport Mercer, a historian from the University of Tennessee, tells the turning, twisting, fascinating tale of a business owner’s attempt to obtain compensation for damage to his wharf, a case in which, unexpectedly, Andrew Jackson played a major role.

Barron, Baltimore and the Bill of Rights, Part I

Stewart Harris — Thu, 11 May 2017 19:44:39 +0000

Some important constitutional cases grab your attention automatically – think Dred Scott or Roe v. Wade. Others don’t, but are equally important.

One such case is Barron v. Baltimore, which dealt, at least on the surface, with a claim by a wharf owner that the City of Baltimore had harmed his business. Sounds dull, right? But wait until you hear the story behind it, courtesy of William Davenport Mercer, a historian at the University of Tennessee.

Montpelier Summit! Congress, the Courts, and the Separation of Powers

Stewart Harris — Sun, 09 Apr 2017 13:54:54 +0000

The Robert H. Smith Center for the Constitution at Montpelier does many important things in addition to underwriting this radio show. Among the most important is its sponsorship of “Montpelier Summits,” which bring together governmental officials and other influential people to discuss current constitutional problems and strategies to fix them.

In this episode, Stewart interviews the moderators of a recent Summit: Lauren Bell, a Professor of Political Science and the Dean of Academic Affairs at Randolph-Macon College; and Paul Michel, the former Chief Judge of the United States Court of Appeals for the Federal Circuit. Lauren studies Congress from an academic perspective, after having spent some time in Washington herself. Paul not only served as a federal appellate judge, but earlier worked as an assistant and counsel to United States Senator Arlen Specter of Pennsylvania.

Join us for a wide-ranging and thoughtful discussion with two people who have been there and done that.

Is Throwing Away the Key Really Such a Good Idea?

Stewart Harris — Tue, 04 Apr 2017 13:24:21 +0000

All across these United States, we put lots and lots of people in jail. Is that a good thing? Or are there costs, not all of them monetary, that we need to take into account?

John Pfaff, a professor at Fordham Law School, thinks that maybe, just maybe, there's a problem here that needs addressing. He’s written a book, "Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform," in which he discusses both the problems with imprisoning so many people, and some ways to stop doing so much of it.

Academic Freedom and Free Speech

Stewart Harris — Sat, 25 Mar 2017 14:42:51 +0000

We’ve discussed free speech on campus before, focusing upon the threats posed by “political correctness.”

But are there other threats to free speech and academic freedom? You bet there are. And some of them emanate from state legislatures.

Stewart will discuss this troubling issue with Professor Donald P. Moynihan, the Director of the LaFollette School of Public Affairs at the University of Wisconsin – Madison.

Gerrymandering, Authoritarianism and The Despot's Accomplice

Stewart Harris — Fri, 17 Mar 2017 14:06:02 +0000

Sometimes we start an interview thinking that we’re going to talk about one thing, and then the conversation takes an unexpected turn.

Stewart recently spoke with Brian Klaas, a Fellow at the London School of Economics, expecting that they would discuss gerrymandering – and they did, eventually. But first the conversation veered down a dark path: the global rise of authoritarianism.

Brian's written a book about this disturbing subject. It's called "The Despot's Accomplice."

What do we do if the President Dies . . . or Goes Nuts?

Stewart Harris — Fri, 10 Mar 2017 19:45:42 +0000

What happens if the President dies or resigns? What happens if he goes, well, nuts?

Our original Constitution was a little bit vague on those subjects. Fortunately, 50 years ago, during the height of the Cold War, the 25th Amendment was ratified. It answered at least some of these pressing questions.

We’ll speak with someone who participated in its drafting, Professor John Feerick, the former Dean of Fordham Law School, who is also the author of the Pulitzer-Prize-nominated book, "The Twenty-Fifth Amendment: Its Complete History and Application."

Lincoln the Lawyer

Stewart Harris — Sat, 04 Mar 2017 19:49:59 +0000

Abraham Lincoln saw us through the greatest constitutional crisis in our history. But he was more than 50 years old when he became our President. How did he spend the first half-century of his life? Mostly, he practiced law. And his law practice prepared him for the challenges to come.

Join us for a fascinating discussion with Steven Wilson, the Curator and Assistant Director of the Abraham Lincoln Library and Museum at Lincoln Memorial University.

The Original Black Elite

Stewart Harris — Sat, 25 Feb 2017 15:17:46 +0000

We’ve spoken with Elizabeth Dowling Taylor before, about her groundbreaking book “A Slave in the White House.”

Well, Beth has kept on writing, and this time she’s expanded her focus to the proud “colored aristocracy” that emerged in the United States after the Civil War. She focuses upon two of its members — Daniel Murray, the son of a former slave, who, in 1897, became chief of periodicals at the Library of Congress, and his wife, Anna, a descendant of one of John Brown’s raiders. Beth documents the inaugural balls they organized, the properties they owned, and their political efforts on behalf of their race.

She also chronicles their decline -- ultimately, their affluence, respectability, and light complexions couldn’t save them from the humiliations of Jim Crow.

Join us for a poignant glimpse into a largely forgotten era in our constitutional history.

Spreading Like a Weed

Stewart Harris — Sat, 18 Feb 2017 17:23:43 +0000

Every year it seems that more states legalize marijuana in one form or another. Could the national government be next? Or have the recent elections stopped the progress of legalization efforts?

We’ll speak with Howard Wooldridge, of Citizens Against Prohibition, as well as Scott Chipman, a spokesperson from CALM, Citizens Against Legalizing Marijuana. We'll also hear from Robert Mikos of Vanderbilt University, who spoke to us about the constitutional issues back in 2013.

Patrick Henry of Virginia . . . and Kentucky

Stewart Harris — Wed, 15 Feb 2017 12:20:57 +0000

As we've discussed before, Patrick Henry was more than just one speech. Indeed, he played an important role in protecting our liberties long after the Revolution was over, especially when the First Amendment was under assault.

Author John Rogasta tells us all about it.

Goin' Canadian?

Stewart Harris — Sat, 04 Feb 2017 14:38:16 +0000

Ever heard of the Privilege and Immunities Clauses? Yep, there are two of them, and if they seem obscure to you, well you're not alone. The Supreme Court has interpreted them very narrowly - some would say "almost out of existence."

Akram Faiser, a professor at Lincoln Memorial University's Duncan School of Law, who holds dual U.S. and Canadian citizenship, wants to change that. He wants to interpret the Privilege and Immunities Clauses as broadly protecting American democracy by limiting wealth inequality and its political consequences.

Hmm, does that remind you of somewhere? Perhaps Canada? Eh?

Up in Smoke

Stewart Harris — Sun, 29 Jan 2017 14:34:00 +0000

Our new President has called for jail time, and perhaps a loss of citizenship, for Americans who burn the American flag.

Would such punishments be constitutional? Or would that pesky First Amendment get in the way? We’ll talk to our First Amendment Guy, Doug McKechnie, about this (ahem) fiery constitutional issue.

All the President's Men . . . and Women

Stewart Harris — Mon, 16 Jan 2017 22:29:44 +0000

Would you like to talk to a former President? How about a former First Lady or Secretary of State? Think you might learn something?

This week we're talking about a place called the Miller Center of the University of Virginia, which has a very important mission: recording oral histories of each American presidency since Jimmy Carter’s.

We’ll speak with the Miller Center’s Russell Riley, who has recorded dozens of interviews with influential people in several different presidential administrations, and who will share some of the fascinating stuff he's learned with us.

Electoral Reform

Stewart Harris — Sat, 07 Jan 2017 16:05:42 +0000

In 2016, for the second time in sixteen years, a presidential candidate prevailed in the Electoral College while losing the popular vote – this time by a margin of roughly three million votes. Is it time to change our method of electing presidents?

Constitutional lawyer and historian David O. Stewart thinks so, and he’s decided to devote himself to a constitutional reform movement called the National Popular Vote Initiative.

Can we reform our electoral system without amending our Constitution? Should we?

Winter Wheat

Stewart Harris — Fri, 30 Dec 2016 20:33:25 +0000

We’ve talked about women’s suffrage many times before (check the rest of our podcast site if you don’t believe us). But this is the first episode in which we discuss a play about the 19th Amendment – a musical play, no less.

Our guest is Catherine Bush, the playwright-in-residence at the Barter Theatre in Abingdon, Virginia, who tells us all about her acclaimed and historically-accurate production of “Winter Wheat.”

Abe Lincoln's Constitution

Stewart Harris — Fri, 23 Dec 2016 17:37:18 +0000

We all learned in grade school that Abraham Lincoln “saved the Union.” But, in saving our nation, did he destroy our Constitution?

He did some pretty extreme things, after all, from suspending habeas corpus to signing the Emancipation Proclamation. Were his actions constitutionally justified, or not?

Join us for a fascinating discussion with Daniel Farber, who teaches at the University of California, Berkeley, and who presented this year’s R. Gerald McMurtry Lecture at Lincoln Memorial University’s Duncan School of Law.

A Visit to the Jefferson Davis State Historic Site

Stewart Harris — Fri, 16 Dec 2016 21:57:14 +0000

If you’ve ever been in far western Kentucky, near Hopkinsville, you may have noticed something strange rising from the cornfields: it looks like the Washington Monument, but it’s not.

It is, in fact, a monument, but not to George Washington. This particular edifice memorializes a man whom we might consider the anti-Washington: Jefferson Davis, the first President of the Confederate States of America.

Stewart recently visited the Jefferson Davis State Historic Site and spoke with Ron Sydnor, its manager. Another surprise: Mr. Sydnor is African-American.

The Most Dred-ful Chief Justice

Stewart Harris — Fri, 09 Dec 2016 22:45:25 +0000

Ever heard of Roger B. Taney? He was the Chief Justice of the United States for almost 30 years, from 1836 to 1864. Today, he is remembered largely for one opinion he wrote, an opinion often considered the worst in U.S. Supreme Court history: Dred Scott v. Sandford.

Recently, Taney's bust, displayed in his home town of Frederick, Maryland, was vandalized, and a number of people have called for its removal.

Stewart talks with law professor Josh Blackman about this constitutional debate between present and past.

What it Means to be an American, Part II

Stewart Harris — Sat, 03 Dec 2016 17:50:54 +0000

Stewart's college classmate, Bernice Kiyo Glenn, finishes the fascinating tale of her Japanese-American-Hawaiian family and its many dangerous journeys across the wide Pacific Ocean.

What it Means to be an American - Part I

Stewart Harris — Mon, 28 Nov 2016 02:08:35 +0000

What Does it Mean to be an American?

Well, it means lots of different things, depending upon whom you talk to and whom you’re talking about. This week we bring you the first part of a compelling, two-part story of a Japanese-American family that spent decades crossing and re-crossing the Pacific Ocean between Japan and Hawaii.

Bernice Kiyo Glenn, a college classmate of Stewart’s, tells the tale.

The Framers' Coup

Stewart Harris — Tue, 22 Nov 2016 12:33:47 +0000

We like to think that we live in a "democracy," even though we know that it's actually something called a "republic." But what's the difference? Is our particular republic something less than democratic?

Well, Michael Klarman of Harvard Law School suggests that perhaps the Framers of our Constitution pulled a fast one on the rest of us, enshrining the power of "elites" rather than the common folk. Sound familiar?

Join Stewart for a fascinating conversation about the nature of American "democracy."

Voting, Voters and Political Knowledge

Stewart Harris — Fri, 11 Nov 2016 20:57:02 +0000

We hope that you voted this past week. But we really hope that you cast an informed vote – a vote based upon real understanding of the facts and issues.

Is such a hope realistic? Do most people cast informed votes? Or not?

Join us as we sit down with Political Science Professor Anderson Starling of the University of Tennessee at Martin to talk about his research into political knowledge: how much of it do Americans have, and how do they get it? And, even more fundamentally, does it matter?

The Empty Chair

Stewart Harris — Thu, 27 Oct 2016 11:06:57 +0000

It’s been many months since Associate Justice Antonin Scalia passed away, yet still his chair on the Supreme Court bench is empty.

Is the Senate’s refusal to consider a successor constitutional? What are the implications for the Court? For the Constitution?

Stewart speaks with Nan Aron of the Alliance for Justice about this important but oft-overlooked constitutional standoff, and what it means for all of us.

Slavery and the Declaration

Stewart Harris — Thu, 27 Oct 2016 10:57:21 +0000

Have you ever read the Declaration of Independence? Not just the "all men are created equal" part, but the whole thing?

If you have, then you've noticed that most of the Declaration is simply a list of complaints against King George III. And some of those complaints seem odd to modern ears. Especially the last one, about "domestic insurrections."

What insurrections? By whom? Rob Parkinson of Binghamton University tells us all about it.

ISIS, the Secretary, and Genocide

Stewart Harris — Sun, 02 Oct 2016 20:58:38 +0000

The Constitution gives the President wide powers over foreign affairs, powers which the President typically exercises through his Secretary of State.

Recently our current Secretary, John Kerry, made a momentous announcement with far-ranging legal and political implications: ISIS is committing genocide. And it is committing genocide not only against Muslims, but against Christians and other groups, such as the Yazidi people, who practice a faith that incorporates elements of both Christianity and other religious traditions.

Attorney Ian Speir, who specializes in representing religious organizations, was one of the authors of a detailed report that prompted Kerry to make his declaration. Ian tells us the story and discusses the legal and political implications of genocide.

Mr. Lincoln's University

Stewart Harris — Sat, 24 Sep 2016 13:45:53 +0000

You’ve seen the Lincoln Memorial in Washington. Perhaps you’ve visited.

But did you know that there is an entire university that was built in memory of Abraham Lincoln? It’s called, appropriately enough, Lincoln Memorial University, and the story of how it came about is fascinating.

We talk with Jim Dawson, LMU’s President, and Gary Wade, the Dean of the Duncan School of Law at LMU, all about the university’s history, it’s mission, and where it’s going in the future.

And we also note that LMU's law school has recently added a new faculty member -- someone you might know.

The First Amendment and the Donald

Stewart Harris — Fri, 16 Sep 2016 19:53:56 +0000

If there are any limits to the First Amendment's protection of political speech, well, Donald Trump seems determined to find them.

He’s called for libel laws to be “opened up.” Can a President do that? He has said things at his rallies that, arguably, have incited his followers to violence. Are such statements constitutionally protected?

Join us for an enlightening discussion with our First Amendment Guy, Doug McKechnie, who teaches constitutional law at the United States Air Force Academy.

Constitutional Tunes

Stewart Harris — Fri, 09 Sep 2016 17:44:10 +0000

Constitutional Tunes! Or, as most people might call them, patriotic music.

Why music? Well, let’s remind ourselves that a written constitution is just a piece of paper unless government leaders and, ultimately, the people themselves, respect it. How do we generate such respect? Lots of ways: by following the law, by voting, by engaging in reasoned political debate (yes, such a thing does exist) by displaying flags and other symbols, and by experiencing patriotic music.

Recently, the Symphony of the Mountains, directed by Cornelia Laemmli Orth, gave a concert of patriotic pieces. Cornelia invited Stewart to narrate one piece. She joins us this week and shares her musical – and constitutional - insights.

Brexit! OMG! Part II

Stewart Harris — Mon, 08 Aug 2016 18:40:24 +0000

We revisit the European Union (or what’s left of it) with Part II of “Brexit! OMG!” Join us for a conversation with British law professor William Walton all about what's in store for Britain (and Europe, and the rest of the world) now that Brexit has happened. OMG!

Brexit! OMG! Part I

Stewart Harris — Sat, 30 Jul 2016 12:34:31 +0000

Well, it’s happened. We didn’t think it would happen, but it has.

No, we’re not talking about the nomination of Donald Trump. We’re talking about Brexit, which represents, in the United Kingdom, a constitutional change of historic proportions and uncertain consequences.

Fortunately, we have William Walton of Northumbria University to explain it all to us.

Confederados!

Stewart Harris — Sat, 23 Jul 2016 16:22:13 +0000

You’ve heard of Confederates. But have you heard of “Confederados?” The terms are related, but as the variation in spelling suggests, there’s a linguistic and geographical difference.

It seems that a number of unhappy Confederates left the United States after our Civil War and emigrated to places where they could continue to own slaves. Among those places was Brazil, where such people were called “Confederados,” and where their descendants live to this day.

Two Brazilian historians, Luciana da Cruz Brito and Helena Maria Machado, will tell us the tale. It's a story that is not only compelling, but which also brings home an important point: African slavery was not just a problem in the United States, but throughout the Americas, and indeed, throughout much of the world.

Baseball: The Most Constitutional Sport

Stewart Harris — Fri, 15 Jul 2016 21:54:13 +0000

What does baseball have to do with constitutional law? Quite a bit, it turns out.

Stewart will explain it to you, along with YWC’s Executive Producer, Wayne Winkler, who’s a bit skeptical.

Stewart will also interview historian, constitutional lawyer and author David O. Stewart about his latest book, The Babe Ruth Deception, which tells a tale set in the early 20th Century, a time when baseball truly became "the national pastime."

Play ball!

The Second Mrs. Adams

Stewart Harris — Fri, 08 Jul 2016 15:57:25 +0000

You’ve heard of Abigail Adams, wife of John Adams, who famously asked her husband to “remember the ladies” when he and his fellow revolutionaries drafted a legal code for the new nation they were creating. But have you ever heard of Louisa Adams, the wife of John Quincy Adams?

Turns out that Louisa was pretty outspoken, too -- mostly in her diaries and other writings, in which she documented her many travels and adventures over several tumultuous decades of our early constitutional history.

Please join us for a fascinating discussion with author Louisa Thomas (no relation) who has written a new biography of this largely-overlooked American woman.

A Trip to the Supreme Court

Stewart Harris — Fri, 01 Jul 2016 19:05:47 +0000

We tend to think of constitutional cases as happening “out there, somewhere.” But they can arise anywhere the Constitution applies, and it applies everywhere in the United States – including in your own back yard.

Recently, a significant constitutional case arose in our back yard, and a local attorney, Dennis Jones, took it all the way to the Supreme Court – assisted by three of Stewart’s law students.

How Free is Free Speech on Campus?

Stewart Harris — Sun, 26 Jun 2016 15:25:02 +0000

If any institution should value and protect free speech, it is the university. After all, isn’t that what colleges and universities are for? Free inquiry and free exchange of ideas? And, in the case of state institutions, there’s that pesky First Amendment thing, too.

But lately, some people are calling for restrictions on speech at universities, even attempting to punish those with whom they disagree. Remarkably, some faculty members have joined in this attempt, including, most notably, Melissa Click, a former teacher -- of journalism! -- at the University of Missouri.

What is happening on our college campuses? Time to call in our First Amendment Guy, Doug McKechnie

The Slave Trail of Tears

Stewart Harris — Fri, 17 Jun 2016 14:38:47 +0000

Most of us have heard about the trans-Atlantic slave trade, one of the worst aspects of African-American slavery. But what happened to enslaved Africans once they reached the East Coast of the United States?

As it turns out, many of them still had a long way to go, into the even worse conditions in the interior of the Deep South, along routes that author Edward Ball calls “The Slave Trail of Tears.”

Join us for a disturbing, but riveting, discussion of this little-known chapter of American constitutional history.

Sisters-in-Law

Stewart Harris — Sat, 11 Jun 2016 15:21:05 +0000

Once upon a time, the idea of a woman serving on the United States Supreme Court seemed strange, perhaps unattainable. Then along came Sandra Day O’Connor, and, a few years later, Ruth Bader Ginsberg. The Court, and the nation, haven’t been the same since.

This week, author Linda Hirshman will tell us all about it. Her new book about the High Court’s first two female Justices and their personal and professional relationships is called Sisters-in-Law: How Sandra Day O’Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World.

Engines of Liberty

Stewart Harris — Fri, 03 Jun 2016 18:53:16 +0000

It sometimes seems that all constitutional interpretation emanates from one place, and one place only: the United States Supreme Court. But while it’s true that the Court is the final authority on the Constitution, it’s also true that the rest of us have something to say about it.

Indeed, David Cole, of the Georgetown University Law Center, insists that we have a lot to say about it, and that grassroots efforts to change the interpretation of the Constitution are the real “Engines of Liberty."

In God We Trust?

Stewart Harris — Fri, 27 May 2016 15:15:26 +0000

Remember the fellow who challenged the phrase “under God” in the Pledge of Allegiance?

His name is Michael Newdow, and he’s at it again, this time challenging the placement of “In God We Trust” on our currency. He’s filed a number of lawsuits, which have drawn a great deal of criticism. Among his critics is Mathew Staver, founder of Liberty Counsel and former dean of Liberty University’s law school.

We’ll talk to both Mike and Mat, two articulate advocates for two very different constitutional perspectives.

Brexit, Part II

Stewart Harris — Sat, 21 May 2016 11:16:14 +0000

This week, we continue our discussion of Brexit – the proposed exit of Britain from the European Union – with Northumbria University law professor William Walton and his student, Melissa Davis, who just happens to also be a city councillor in Newcastle-upon-Tyne. We then broaden our discussion, both in terms of topics and participants, by inviting some of William’s other law students into the studio. These young Britons have much to say, not only about Brexit, but about the differences between British and American constitutionalism – think guns and law enforcement – as well as the similarities – think “devolution” of power to regions of Britain, as compared with “states’ rights” arguments in the United States. Join us for a variety of youthful perspectives and remarkable accents.

Brexit, Part I

Stewart Harris — Sat, 14 May 2016 17:28:59 +0000

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 to us. William is joined by one of his students, Melissa Davis, who is also a city councillor in Newcastle-upon-Tyne.

In Part II, we'll talk to several other of William's law students. These young people have some definite opinions on a wide range of subjects, including, of course, Brexit. So stay tuned.

The Right Wrong Man

Stewart Harris — Sun, 08 May 2016 19:15:11 +0000

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."

God, Gays and Governor McCrory

Stewart Harris — Fri, 29 Apr 2016 10:00:36 +0000

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 immediately signed the repeal statute. Apparently, the big issue is the use of public bathrooms by transgendered people. Oh, boy . . . or, perhaps we should say, oh, girl . . . .

Unruly Americans

Stewart Harris — Thu, 14 Apr 2016 14:37:44 +0000

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’s story contrasts with the history you probably learned in high school, where George Washington, James Madison and a few other rich guys did all the heavy lifting. As it turns out, they had lots of help.

After Scalia

Stewart Harris — Sat, 12 Mar 2016 12:40:40 +0000

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?

Born in the USA?

Stewart Harris — Fri, 04 Mar 2016 16:17:49 +0000

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.

Second Amendment Update, 2016

Stewart Harris — Fri, 26 Feb 2016 14:51:39 +0000

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.

Money Talks

Stewart Harris — Fri, 19 Feb 2016 15:29:58 +0000

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."

Ham the Man!

Stewart Harris — Fri, 12 Feb 2016 18:24:08 +0000

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."

Executive Orders, Immigration and the Donald's Muslim Ban

Stewart Harris — Fri, 05 Feb 2016 20:29:55 +0000

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.

A Visit to the Taft National Historic Site

Stewart Harris — Fri, 29 Jan 2016 12:40:26 +0000

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!

The Money Makers

Stewart Harris — Sun, 24 Jan 2016 17:30:33 +0000

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 takes us back all the way to the Great Depression and a couple of fellows named Franklin Delano Roosevelt and John Maynard Keynes.

Allegiance

Stewart Harris — Tue, 19 Jan 2016 18:04:45 +0000

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, and at the Tule Lake camp, where "troublemakers" were confined. It's serious fiction, but it's also fun; there's even a murder mystery. But don't worry -- we won't give away the ending.

Join us!

The Birth of a Nation

Stewart Harris — Thu, 07 Jan 2016 16:14:30 +0000

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 Phillips, author of Democracy Café. This time, Chris isn't content with rousing the over-21 rabble -- he wants to empower children, too.

Teenagers of the world, unite!

Undue Burdens?

Stewart Harris — Sat, 19 Dec 2015 17:05:26 +0000

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 McKechnie of the U.S. Air Force Academy's law department as they discuss this complex and controversial area of constitutional law.

Dirty Words and Filthy Pictures

Stewart Harris — Fri, 11 Dec 2015 15:29:01 +0000

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.

Two Stockin' Stuffin' Books: The Wilson Deception and Black Earth

Stewart Harris — Fri, 04 Dec 2015 14:08:23 +0000

'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 as History and Warning" by Yale historian Timothy Snyder is a more serious work that is focused upon the Holocaust as it unfolded upon the fertile soil of Ukraine. Professor Snyder emphasis the environmental aspects of Hitler's motivations and actions and draws lessons that are highly relevant today.

American Concentration Camp

Stewart Harris — Sat, 28 Nov 2015 18:17:44 +0000

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.

Escape from Boko Haram

Stewart Harris — Tue, 24 Nov 2015 15:57:41 +0000

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.

Mergers and Turtles: UT Mashup, 2015, Part II

Stewart Harris — Sat, 21 Nov 2015 12:07:31 +0000

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 proposed merger of two healthcare giants in Northeast Tennessee, the Wellmont Health System and the Mountain States Health Alliance. Such mergers are being proposed all over the United States, so this is much more than just a local issue.

Bridge of Spies

Stewart Harris — Fri, 06 Nov 2015 15:43:51 +0000

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.

BJ!

Stewart Harris — Fri, 30 Oct 2015 09:10:52 +0000

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. But it has everything to do with public radio, music and fun. And while the Constitution doesn't expressly mention any of those things, well, perhaps it should.

A Conversation with the Quiz Prez

Stewart Harris — Fri, 23 Oct 2015 14:16:43 +0000

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."

The Words We Live By

Stewart Harris — Wed, 30 Sep 2015 21:15:04 +0000

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."

China Goes Boom, but It's Raining Money

Stewart Harris — Sat, 19 Sep 2015 12:39:06 +0000

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 in online -- something called crowdfunding.

Join us for Part I of our UT Mashup, 2015!

Good, Evil, and A Game of Thrones

Stewart Harris — Fri, 11 Sep 2015 17:29:01 +0000

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. That's why Stewart (who loves Game of Thrones, by the way) recently sat down with Justin Garrison, a political scientist from Roanoke College in Virginia. It's a fascinating conversation, so bring your wits, and your sword!

Lafayette Reconsidered

Stewart Harris — Fri, 04 Sep 2015 14:52:57 +0000

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.

RFRA Redux

Stewart Harris — Fri, 28 Aug 2015 14:33:25 +0000

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 for a lively discussion with David Wolitz of the University of Tennessee's College of Law, and Doug McKechnie, our First Amendment Guy.

Barbara Kingsolver and the Confederate Battle Flag

Stewart Harris — Fri, 21 Aug 2015 11:39:08 +0000

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.

Nat Turner's Rebellion

Stewart Harris — Fri, 14 Aug 2015 13:38:41 +0000

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.

A Very British Constitutional Update

Stewart Harris — Fri, 07 Aug 2015 13:57:40 +0000

The British Constitution may undergo some major changes in the next year or so. Law professors William Walton and James Gray from Northumbria University at Newcastle upon Tyne recently popped in to discuss several pressing issues facing our British cousins:

Will Britain leave the EU? Lots of Britons want to.

Will Scotland secede? It could happen -- many Scots want to chart a separate course. And don't forget: they've got the nuclear submarines. Even more significantly, perhaps, they've got Sean Connery on their side.

Join us!

DeclarationProject.org

Stewart Harris — Fri, 31 Jul 2015 12:31:42 +0000

Chris Phillips is at it again: rousing the rabble by collecting various declarations - starting with our own Declaration of Independence - and putting them online. Not only that, he invites all of us to post our own declarations, which Stewart has already done.

Chris, the author of Socrates Café and Constitution Café, has been on the show several times because he's always making trouble and we always have a good time when he tells us about it.

After we finish our rabble-rousing, we spend a few minutes at Montpelier, visiting the ongoing work at the slave quarters and the newly-refurbished library where Madison conceived the Virginia Plan.

Women's Suffrage v. the Tennessee Bar

Stewart Harris — Fri, 24 Jul 2015 10:41:05 +0000

Why Tennessee? Why did the ratification of the 19th Amendment in August, 1920, come down to a Southern state that is not particularly noted for its progressive politics?

Perhaps it had something to do with a little-known incident three years earlier, in 1917, when suffragist leader Maud Younger insisted upon her First Amendment right to speak at a courthouse in Knoxville. Tennessee lawyers didn't support her at first, but, inspired by her courage, the Tennessee Bar eventually came around. Knoxville attorney Wanda Sobieski tells us the tale.

Swastika Nation!

Stewart Harris — Thu, 16 Jul 2015 19:39:07 +0000

Nazis! In America! A nightmare that could never happen?

Nope - it did happen once. And Arnie Bernstein, author of "Swastika Nation," is here to tell us about it.

Checking out Constitutional Claims - with PolitiFact!

Stewart Harris — Fri, 03 Jul 2015 12:12:41 +0000

PolitiFact is a nonpartisan, Pulitzer-Prize-winning organization that checks out various claims made by politicians and pundits. You may have seen its famous Truth-O-Meter in your local newspaper or on your favorite news website.

Some of those claims are constitutional. And we expect more of them as the country ramps up for the 2016 elections. So we've invited PolitiFact reporter Lauren Carroll to help us hook up some of those politicians and pundits to the Truth-O-Meter.

This episode is a lot of fun. Join us!

Magna Carta, Part II

Stewart Harris — Fri, 26 Jun 2015 16:02:46 +0000

Join us as we finish our fascinating discussion on Magna Carta with A.E. "Dick" Howard, one of the world's leading experts on the subject.

Sorry - no Monty Python clips this week, but lots of other interesting stuff.

Magna Carta, Part I

Stewart Harris — Fri, 19 Jun 2015 17:16:03 +0000

A.E. "Dick" Howard is among the world's leading authorities on constitutional law and the Magna Carta. He's also articulate, informative and funny. And timely -- after all, the Magna Carta just turned 800 years old.

So join us for a lively and wide-ranging conversation on this foundational constitutional document. It'll be 800 years before we can do this again.

Building Democracy in Iran

Stewart Harris — Fri, 12 Jun 2015 10:22:23 +0000

Tavaana is an organization devoted to cracking open one of the most repressive regimes in the world: the theocracy that controls Iran.

One of Tavaana's founders, Mariam Memarsadeghi, will tell us how she's doing it - using a transformative tool called the Internet.

Join us!

Becoming Madison

Stewart Harris — Fri, 05 Jun 2015 13:44:09 +0000

We generally think of James Madison (and most of our Founders) as a bunch of old men carved from marble and placed on pedestals. But guess what? They started out like the rest of us: they were kids and young adults before they became gray-haired and venerable. And what they learned as young people often had a profound effect on what they accomplished as adults.

Michael Signer has written a fascinating book about the boyhood and youth of James Madison, which explores in detail how such a small, sickly, quiet man was able to take on powerful opponents like Patrick Henry and win. Preview: it took lots of hard work.

Join us!

Thomas Jefferson's Vision of Religious Freedom

Stewart Harris — Fri, 29 May 2015 14:38:29 +0000

Why Thomas Jefferson?

Specifically, why do we rely so much on T. Jeffy (and his buddy, Jemmy Madison) to speak for the Founders when it comes to religious freedom? Weren't there other Founders? Didn't they have different opinions? John Ragosta has done the research and written a book, and now he'll tell us all about it.

Voting Rights

Stewart Harris — Sat, 23 May 2015 00:51:44 +0000

The United States Constitution creates what legal scholars typically call a "majoritarian" system of government. That is, the majority of voters typically controls the decisions made by the government.

But the Constitution leaves one big issue largely unaddressed: who gets to vote?

Professor Hank Chambers of the University of Richmond's law school helps us sort it all out.

Solitary Confinement

Stewart Harris — Fri, 15 May 2015 15:34:32 +0000

Is it cruel and unusual punishment or a necessary correctional tool?

We'll speak with law professor and attorney Alex Reinert, who recently forged a landmark settlement with the State of New York over the use of this controversial practice.

RRRRRRRRR-RFRA's!

Stewart Harris — Fri, 08 May 2015 00:44:04 +0000

Religious Freedom Restoration Acts. Just what exactly are all of these RFRA's sprouting up all around the country? And how do these similar pieces of legislation, both national and state, fit into the First Amendment's protection of religious freedom? And then what about gay rights? It gets a bit complicated, so Doug McKechnie, our First Amendment Guy, is here to help us sort it all out. Thank Heaven.

Gateway to Freedom

Stewart Harris — Fri, 01 May 2015 16:28:43 +0000

You've heard of the Underground Railroad, the clandestine, loosely-organized network of people who helped slaves escape from the South before the Civil War.

But Eric Foner knows more than you do. And now he's written a book about it: "Gateway to Freedom: The Hidden History of the Underground Railroad." Join us for a lively discussion with one of America's foremost historians.

Konstitutional Kidz

Stewart Harris — Fri, 24 Apr 2015 15:37:16 +0000

Kids, and their parents, have constitutional rights, but the government has the power to protect its most vulnerable citizens. Sometimes those rights collide with that power, especially in cases of child abuse and neglect. This week, we'll examine one aspect of this important topic, the Court-Appointed Special Advocates (CASA) program.

We'll also talk about a great educational program called We the People, through which kids learn about their constitutional rights and responsibilities.

Join us!

A Visit to John Marshall House, Part II

Stewart Harris — Fri, 17 Apr 2015 12:06:03 +0000

In Part I, we told you about John Marshall, our first great Chief Justice, and the home he built in Richmond, Virginia. But we only had time to tour half of the house.

Please join Stewart and Jen Hurst-Wender of Preservation Virginia as we finish our tour!

A Visit to John Marshall House, Part I

Stewart Harris — Fri, 10 Apr 2015 11:35:10 +0000

John Marshall wasn't the first, nor the second, nor even the third. He was actually the fourth Chief Justice of the United States. But he was the first great Chief Justice, and probably the greatest of all time. He was also a husband, a father, a slave owner and a renowned host.

The many facets of Marshall's life are on display at the house he built in Richmond, Virginia, the city where he also built his career and spent most of his life. We recently went on a guided tour of the John Marshall House with Preservation Virginia's Jennifer Hurst-Wender. Now you can come along.

Confederates, Nazis and Government Speech

Stewart Harris — Fri, 03 Apr 2015 12:11:26 +0000

The Texas branch of the Sons of Confederate Veterans has proposed a specialty license plate. Texas has refused to produce one.

Wait, isn't this a free speech issue? Doesn't the First Amendment apply?

According to our First Amendment Guy, Doug McKechnie, it all depends upon who's doing the talking.

Join us!

The State that Said No

Stewart Harris — Fri, 27 Mar 2015 12:34:35 +0000

Only one of the original 13 states refused to ratify the Constitution. Do you know which one?

Okay, now that you've looked at the picture, do you know why?

Join us for a complete and entertaining explanation from Thomas Howard of the Robert H. Smith Center for the Constitution at Montpelier. It's a fascinating tale, with twists, turns and serious conflicts, some of which persist to this day.

American Epic

Stewart Harris — Fri, 20 Mar 2015 11:39:58 +0000

Is the U.S. Constitution more than just law? More than politics? Is it, perhaps, literature? Maybe even an epic poem?

Garrett Epps thinks so. Join us, and find out why.

Bacon's Castle, Part II

Stewart Harris — Fri, 13 Mar 2015 13:48:51 +0000

Join us for the thrilling conclusion of our visit to one of the sites of Bacon's Rebellion, the first significant uprising in the British North American colonies.

Will Nathaniel Bacon shoot Governor Berkeley? How will the Rebellion end?? What will happen to Bacon himself???

Tune in and find out!

Bacon's Castle, Part I

Stewart Harris — Fri, 06 Mar 2015 14:16:23 +0000

Ever heard of Bacon's Castle? No? How about Bacon's Rebellion? Here's a hint: 1676. Here's another hint: it was the first major rebellion against the British Crown in North America. Ring any bells? Kinda? Sorta?

Well, Stewart had also kinda, sorta known about Bacon's Rebellion when he ran into two fine ladies from a wonderful group called Preservation Virginia, Jennifer Hurst-Wender and Joanna Braswell. Jen and Joanna recently took Stewart on a tour of Bacon's Castle that was so enlightening that we couldn't cram the whole interview into a single episode. So here's our first installment. We know you'll enjoy it.

Ralph Stewart v. Moses

Stewart Harris — Sat, 28 Feb 2015 01:25:00 +0000

When former Marine pilot Ralph Stewart decided to retire from his job with a major airline, he chose to live in a scenic area he'd noticed from his cockpit window: Northeast Tennessee.

What he didn't realize is that he'd bought a one-way ticket to the Bible Belt, where the Constitution is sometimes interpreted somewhat . . . differently . . . than it is elsewhere. He figured it out on his first trip to the local courthouse, where he was confronted with some constitutional history that didn't seem quite accurate to him. That's where our story begins.

Join us!

A Conservative's Case Against Tort Reform

Stewart Harris — Fri, 20 Feb 2015 10:32:35 +0000

Tort reform is largely seen as a conservative cause, but Brian Brooks, a Reagan-voting, free-enterprise-defending Arkansas attorney, sees it differently. He thinks that tort reform undercuts some fundamental conservative, and constitutional, values.

Join us for an unexpected and enlightening discussion!

The Rule of the Clan

Stewart Harris — Fri, 13 Feb 2015 12:08:22 +0000

Mark S. Weiner tells us all about what happens in the absence of a strong, capable government. It's not pure anarchy. It's . . . The Rule of the Clan.

Madison's Gift

Stewart Harris — Fri, 06 Feb 2015 22:48:33 +0000

We speak with author David O. Stewart about his newest book, "Madison's Gift," which illuminates a part of James Madison's life that was central to his success: his ability to form strong, productive partnerships.

There's more than one life lesson here.

The Green Book

Stewart Harris — Fri, 30 Jan 2015 12:38:48 +0000

We’ve all heard of the Jim Crow era, when African-Americans were barred from most restaurants, gas stations and hotels in the South. Did you ever wonder how black people were able to travel during that time?

One resource they used was The Negro Motorist Green Book, a guide to those places where they could find food, shelter, and a friendly face during a very unfriendly era.

Join us for an enlightening discussion with law professor Alfred Brophy, who’s done extensive research on The Green Book and who has a lot to tell us about it.

William Wells Brown

Stewart Harris — Fri, 23 Jan 2015 14:01:21 +0000

Ever heard of Frederick Douglass? Sure you have. But how about his contemporary and fellow ex-slave and abolitionist, William Wells Brown?

No? Well, now you have, and you’ll learn even more through our discussion with Ezra Greenspan, the author of a new biography.

Truly Threatening Facebook

Stewart Harris — Fri, 02 Jan 2015 15:41:56 +0000

You've seen nasty posts on Facebook and other social media. Perhaps you've posted a few - ahem - regrettable things yourself. Can one of those posts put you in the slammer?

The answer is yes. If you post something called a "true threat," you may find yourself in handcuffs. But how do we define a "true threat?" That's what Anthony Elonis is arguing about, right now, in the United States Supreme Court.

Join us! And, in the meantime, be nice.

The (Book Ban) Battle of Watauga - Presidential Update

Stewart Harris — Fri, 26 Dec 2014 15:22:21 +0000

Earlier this year, we spoke with Mary Kent Whittaker, a teacher at Watauga High School in Boone, North Carolina, and several of her students, about an attempt to remove a book from her Honors English curriculum. The book at issue was "The House of the Spirits," by Isabel Allende.

Since our original episode, Ms. Whittaker received several additional awards, both local and state-wide. And Ms. Allende was awarded the Presidential Medal of Freedom.

Satan Update

Stewart Harris — Fri, 19 Dec 2014 12:42:08 +0000

Beelzebub and his buds have been anything but idle lately. They have been challenging governmental religious displays and practices for much of the past year, as we discussed in our two previous episodes, "The Devil went Down to Oklahoma," Parts I and II.

Join us for an enlightening discussion of the Religion Clauses of the Constitution, Satanism, and just why Lucien Greaves, the Overlord of the Satanic Temple, is such a determined trouble-maker.

Democracy Cafe

Stewart Harris — Fri, 12 Dec 2014 13:08:02 +0000

Do you believe in democracy? True democracy?

This week, Stewart has a wide-ranging, thoughtful, provocative conversation with Chris Phillips, the proprietor of the Democracy Café. Chris will make you think. About a lot of things. Perhaps most fundamentally, he'll make you think about just how much democracy you can really take.

Thanksgiving: A Surprisingly Constitutional Holiday

Stewart Harris — Fri, 05 Dec 2014 14:45:18 +0000

Diana Muir Appelbaum wrote a book back in the 1980's that just recently came to Stewart's attention. But it's worth talking about, because it tells us just how American a holiday Thanksgiving really is. And we're not just talking turkey.

Join us!

Two Battles in World War II

Stewart Harris — Fri, 28 Nov 2014 15:32:51 +0000

The Second World War was, at least in Western Europe, a struggle between authoritarianism and constitutional democracy. Two of the greatest battles there took place over the skies of Britain in 1940 and on the shores of Normandy in 1944. We went there. Now we’ll tell you all about it.

Fuzzy Con Law

Stewart Harris — Fri, 21 Nov 2014 16:56:20 +0000

Here's a hairy subject: the constitutional significance of beards. With the aid of our friend, Professor Joseph Fitsanakis of King University, and his fellow-members of the Tri-Cities Beard Club, Ollie and Maggie, we explore the many and surprising constitutional aspects of facial hair. And, no, we're not kidding.

Join us!

Nature's God

Stewart Harris — Fri, 14 Nov 2014 13:54:57 +0000

Recognize this?

“When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.”

Yup, it's the very first line of the American Declaration of Independence. And, yes, we know that the Declaration is not part of the Constitution. Sheesh. Give us a break - it's still pretty important. In fact, it's so important that we wonder: just what are these "Laws of Nature" and who is this “Nature’s God?” Jesus? Vishnu? Zeus? Or perhaps someone else? Author Matthew Stewart digs deep into history and philosophy and shares his findings with us in his new book, "Nature's God: The Heretical Origins of the American Republic."

Are Corporations People, My Friend?

Stewart Harris — Fri, 07 Nov 2014 14:12:44 +0000

Mitt Romney thinks so, and the Supreme Court agrees with him, at least in some circumstances.

But others disagree. And they want to definitively reject "corporate personhood" by amending our Constitution. We'll speak with one of them, Jeff Clements, the author of a book entitled, appropriately enough, "Corporations are Not People."

Yes or No on Amendment 2?

Stewart Harris — Thu, 30 Oct 2014 18:18:04 +0000

States have constitutions, too. And sometimes those constitutions are amended.

For example, Tennessee voters will go to the polls on November 4, 2014, to determine the fate of four proposed amendments to the Tennessee Constitution. We don't have time to discuss all four, so we've picked one that might otherwise be overlooked: Amendment 2, which will, if approved, change the way that Tennessee appellate judges are selected.

For the proponents: Tennessee Attorney General Herbert Slatery.

For the opponents: Political columnist Frank Daniels of The Tennessean.

Let the constitutional debate begin!

What's so Bad about Citizens United?

Stewart Harris — Tue, 28 Oct 2014 13:44:07 +0000

Citizens United is perhaps the most-criticized Supreme Court decision in recent memory. But what's all the fuss about?

We'll speak with two leading critics of Citizens United, John Bonifaz and Ron Fein of Free Speech for People, who began their efforts to overturn the decision on the very day it was announced.

Please note: this episode was originally broadcast as part of the WETS fall fundraiser in 2014, so you'll hear a reference or two to donations. The episode is also a bit shorter than most, since several fundraising announcements have been removed from the podcast version. But never fear: you can always donate at www.wets.org.

Disaffirmative Action

Stewart Harris — Fri, 17 Oct 2014 15:05:28 +0000

Affirmative action, in various forms, has been around for decades. In a number of famous cases, from Bakke in 1978 to Grutter in 2003, the Supreme Court has affirmed the constitutionality of affirmative action in higher education admissions programs, within limits.

But does the Supreme Court's approval of affirmative action mean that a state must keep such programs in place?

That was the issue in the 2014 Supreme Court case, Schuette v. Coalition to Defend Affirmative Action. One of Stewart's students at the University of Tennessee has recently written about the Schuette case. The student's name is Russ Swafford, and his "case note" is so good that it will soon be published in the Tennessee Law Review.

Please join us for a fascinating discussion about this controversial area of constitutional law.

Marijuana Update, 2014 Edition

Stewart Harris — Sat, 11 Oct 2014 14:01:14 +0000

Of the many constitutional issues we've followed over the past several years, two stand out as the most dynamic: gay marriage and marijuana legalization. We can hardly keep up with the many changes to the laws and attitudes surrounding them.

But we keep trying. And here's our latest effort, courtesy of Howard "Cowboy" Wooldridge of LEAP, Law Enforcement Against Prohibition, and COP, Citizens Opposed to Prohibition.

The Mind of a Madison Scholar

Stewart Harris — Fri, 03 Oct 2014 13:19:32 +0000

How do we know so much about James Madison? Telepathy? Osmosis?

Actually, our knowledge about the Father of the Constitution is the product of hard work - hard work done by a number of dedicated Madison scholars, men and women who take the time to read Madison's papers, unearth his artifacts and tell his story. One of the most important of these hard-working scholars is Ralph Ketcham, who wrote the definitive one-volume biography of Madison over forty years ago, in 1971.

That's why Stewart was so thrilled to meet Ralph at Montpelier during a recent visit. The two of them sat down for a long talk in the Constitutional Village, and Stewart turned on his microphone.

The Drafting of the Irish Constitution

Stewart Harris — Fri, 26 Sep 2014 11:46:23 +0000

When Stewart made a reservation at the historic Shelbourne Hotel in Dublin, he didn't fully appreciate just how historic the hotel is. It turns out that the Irish Constitution was drafted there, and he heard all about the process from the hotel’s unofficial historian, Denis O’Brien.

Benjamin Franklin: the Last American Englishman

Stewart Harris — Fri, 19 Sep 2014 19:52:12 +0000

Benjamin Franklin has been called the first American. We might also call him the last American Englishman, because he was one of the last of our Founders to abandon his hope that, somehow, America and England could patch up their differences and avoid armed conflict. Indeed, our Founding Grandfather spent sixteen years in London just prior to the American Revolution, trying to keep the American colonies British.

Stewart recently travelled to London, where he visited the house where Franklin lived, near Trafalgar Square. He spoke with the staff at what is now called the Benjamin Franklin House, who told him the whole story. They even played a musical instrument that Franklin invented while he was there, the Glass Armonica.

A Visit to Chartwell

Stewart Harris — Sat, 13 Sep 2014 14:05:28 +0000

In 1940, one constitutional democracy stood alone against the onslaught of Nazi aggression. And one man led that nation, alone, for the next year, until, "in God's good time," the New World came to the aid of the Old.

That nation was the United Kingdom, and that leader was Winston Spencer Churchill. Stewart recently visited Churchill’s home, Chartwell, in the South of England, and spoke to a number of knowledgeable and helpful volunteers there. Now he wants to share that visit with you.

The British Constitution

Stewart Harris — Fri, 05 Sep 2014 17:43:35 +0000

If you want to see the U.S. Constitution, it’s easy – just take a trip to the National Archives where it’s on public display. But what if you want to see the British Constitution? That’s not so easy, because it’s not written down. Or, more properly, much of it is unwritten, and the parts that are written down are spread over many different documents.

If you find this confusing, join the club. Stewart was so confused that he went all the way to the UK to get an explanation from Dan O’Boyle, a law professor from the University of Law in Guildford, England.

Appomattox Court House

Stewart Harris — Fri, 29 Aug 2014 10:41:30 +0000

Only once in its history has the United States gone to war to resolve a constitutional issue. The war was the American Civil War and the issue was slavery.

In this episode we go to where it all effectively came to an end: a small, remote town in Virginia called Appomattox Court House.

Judicial Retention Revisited

Stewart Harris — Fri, 01 Aug 2014 10:13:06 +0000

As this podcast gets posted, in the summer of 2014, the voters of the State of Tennessee are about to go to the polls to decide whether to retain three of the Justices of their Supreme Court.

While judicial retention elections are traditionally sleepy affairs, this one is different: the Lieutenant Governor and others are making a concerted effort to convince the voters to "non-retain" these three Justices. Why? We wanted to ask the Lt. Governor, but, to our disappointment, he did not return our calls and emails.

So we've reached back twenty years, to the last (and only) time that a Justice of the Tennessee Supreme Court -- Stewart's colleague at the University of Tennessee, Penny White -- was non-retained. And we've found some eerie similarities to the current controversy.

The Chief Justice

Stewart Harris — Fri, 25 Jul 2014 16:09:58 +0000

Dolly Parton! Whaa?

It turns out that the country music superstar is a high school friend of the Chief Justice of Tennessee. His name is Gary Wade, and he tells us some fascinating stories about how he became the highest judicial officer in his state, what his job entails, and how he now faces a coordinated political attempt to have him removed from the bench, along with two of his Supreme Court colleagues.

On a happier note, he also tells us some great stories about his high-school friend and "television girlfriend," Dolly Parton. Do you know, for example, what instrument Dolly played in the Sevier County High School Band? Hint: it wasn't the flute. But you'll have to listen in to find out more.

Cyberespionage!

Stewart Harris — Fri, 18 Jul 2014 12:13:37 +0000

Cloaks and daggers? Old news. Now it's keypads and iPads and other high-tech spying.

The United States and China both do it. But they do it differently - or so they say. Dr. Joseph Fitsanakis, the Director of the King Institute for Security and Intelligence Studies, tells us all about this secret struggle for security supremacy.

The Trial Judge - and a Visit to the Grove Park Inn

Stewart Harris — Fri, 11 Jul 2014 14:14:52 +0000

Here's the latest in our series about the judiciary. This time we speak with the kind of judge you are most likely to encounter if ever you find yourself in court: a trial judge. His name is Thomas Seeley, Jr., and he hears all types of civil cases in his courtroom in Johnson City, Tennessee. As you might expect, he's got lots of interesting stuff to say.

After Judge Seeley, we get in the car and drive down to North Carolina to visit the remarkable Grove Park Inn, a five-star resort frequented by Presidents and foreign diplomats and, perhaps, by another group of people you've heard of: the United States Supreme Court. Tracey Johnston-Crum, the Inn's resident historian, tells us all about a secret contract with the Court that provides that . . . well, you'll just have to listen in to find out.

The Good News Club

Stewart Harris — Fri, 04 Jul 2014 17:39:11 +0000

The Good News Club is an after-school program run by evangelical Christians. A few years back, the Supreme Court ruled that public schools who had denied access to the Club for fear of violating the Establishment Clause had actually violated another part of the First Amendment, the Speech Clause. In essence, the Court said that all groups, religious and non-religious, were constitutionally entitled to equal access to public facilities - otherwise, the government would be regulating their speech based upon its content.

Author and journalist Katherine Stewart thinks that the Supreme Court got it wrong: the Good News Club, or rather, the public schools that now allow it on campus, are indeed violating the Establishment Clause, she believes. And whether you agree with her or not, she makes some interesting arguments and tells a compelling story.

Reagan Revisited

Stewart Harris — Fri, 27 Jun 2014 11:40:52 +0000

Love him or hate him (and, either way, you have lots of company) Ronald Reagan was, and continues to be, an important figure in American constitutional history.

We'll speak with Justin Garrison, a professor at Roanoke College in Virginia, who's written a balanced, fascinating, readable book called "An Empire of Ideals: the Chimeric Imagination of Ronald Reagan." Justin is that rare scholar who not only writes well, but also speaks well. He's even funny and charming - kinda like Ronald Reagan was.

Justin's book is available here: http://www.amazon.com/Empire-Ideals-Imagination-Routledge-Governance/dp/0415818486.

Dirty Money

Stewart Harris — Sat, 14 Jun 2014 13:02:53 +0000

Is there too much money in politics? Ben Cohen certainly thinks so. So he and some like-minded friends have started a group called "Stamp Stampede" aimed at amending the Constitution. They want to overturn the notorious Citizen's United case and other Supreme Court cases that equate money with free speech.

Never heard of Ben Cohen? Sure you have. But probably not by himself. Instead, you've seen only his first name, during some of your happiest moments, displayed beside the name of his partner, Jerry.

This episode is sweet.

The Federal Judge

Stewart Harris — Fri, 30 May 2014 14:54:37 +0000

Who are those guys? Those guys who sit on their high benches in federal courthouses, wielding their gavels and wearing those fancy black robes?

This is no idle question. Federal judges play an important role in interpreting our Constitution. And yet we know very little about them, since most of these men (and, increasingly, women) work quietly in their courtrooms and chambers and draw little attention to themselves.

In this episode, we change all that. With the help of United States District Judge Ronnie Greer of the Eastern District of Tennessee, we take a look into the judge's chambers and talk about all aspects of being on the federal bench. As it turns out, it's not as easy as it looks. But it is fascinating.

Join us!

The Lincoln Myth and the Second Amendment

Stewart Harris — Tue, 27 May 2014 09:20:42 +0000

Lots of people do a lot of writing about the United States Constitution. In this episode, Stewart talks to two of them: bestselling author Steve Berry, who has just published a new thriller, The Lincoln Myth, based upon a constitutional conspiracy, and Colin Christensen, one of Stewart's students from Emory & Henry College, who wrote his Honors Thesis on the Second Amendment.

Join us for some cracklin' good tales.

Mr. Jackson Goes to Russia

Stewart Harris — Fri, 16 May 2014 13:40:02 +0000

Stewart speaks with Garrett Jackson, the Assistant Town Manager of Abingdon, Virginia. Garrett recently returned from a trip to Russia, where he discussed local governmental issues with some of his Russian counterparts. He also discussed the importance of our American constitutional freedoms.

Joining Garrett and Stewart is Krisi Hayden, the State Department official who shepherded Garrett from Moscow to . . . well, we can't spell them, or pronounce them, so let's just say that Garrett went to lots of cool places.

Join us!

The Devil Went Down to Oklahoma, Part II

Stewart Harris — Sat, 10 May 2014 11:15:42 +0000

Still Running with the Devil . . . .

In Part II of this fascinating episode, we finish our discussion with Lucien Greaves, the Overlord of the Satanic Temple. He's the fellow who has been stirring up so much trouble down in Oklahoma with his statue of Baphomet, a winged, goat-headed demon with horns and wings and . . . well, you get the idea. It seems that Lucien's been stirring up trouble elsewhere, too, notably down in Florida, where he's held a rally hailing both Satan and Governor Rick Scott. Why are we not surprised?

When we finish with the Dark Side, we switch to a focus upon Goodness and Light by speaking with some of our friends at Montpelier. We start with Tiffany Cole of the Curatorial Department, who has some exciting new developments to share with us. And then we finish up with our buddy, Doug Smith, who is not only The Riddler, but who also runs the Robert H. Smith Center for the Constitution.

The Devil went down to Oklahoma, Part I

Stewart Harris — Tue, 06 May 2014 19:22:46 +0000

It's controversial enough when someone wants to put a Ten Commandments monument on the courthouse steps.

But what about a monument to Baphomet, a/k/a Satan?

Join us for a really hot episode.

Justice for Justice Diaz

Stewart Harris — Fri, 25 Apr 2014 14:44:53 +0000

The question of money in politics isn't new. But money in judicial selection? That's a relatively recent issue, and one that had a significant impact on (former) Justice Oliver Diaz of the Mississippi Supreme Court.

Joins us for a cautionary tale about judicial elections.

Jemmy and Jeffy's Big Adventure

Stewart Harris — Fri, 18 Apr 2014 15:55:07 +0000

A friendship for the ages. One of the most important intellectual collaborations in human history. Fifty years of harmonious cooperation on profound issues of government and philosophy.

Lewis & Clark? Nah, they just wandered in the wilderness.

Lennon & McCartney? Nah, but we have to admit that Lennon was quite a philosopher, at least when he wasn't high.

We're talking about Jemmy & Jeffy, a/k/a James Madison and Thomas Jefferson. They weren't much for roughing it, and neither wrote any songs (that we know of) but their lifelong friendship produced some of the most important ideas in American constitutional history.

Professor Jeffry Morrison of Regent University and the James Madison Foundation tells us all about it.

The (Book) Battle of Watauga

Stewart Harris — Fri, 11 Apr 2014 11:57:57 +0000

The Constitution protects the fundamental right of parents to rear and educate their children as they see fit.

It also protects the free speech rights of teachers and students.

And, somewhere in this mix is the important concept of academic freedom, which makes the courts reluctant to second-guess the educational choices of teachers.

Sometimes, all of these rights and interests seem to conflict, and the result is a struggle over the banning of a book - perhaps from a public school library or from the school's curriculum.

And that's just what happened at Watauga High School in Boone, North Carolina.

From Romania, with Love

Stewart Harris — Fri, 04 Apr 2014 13:26:47 +0000

Do we have a constitutional right to smile? Seems silly, but we probably do - after all, smiling is expressive activity, and such expression is protected by the First Amendment.

But not every country has a First Amendment. One of those unfortunate countries is Romania, especially when it suffered under the heel of a communist dictator, Nicolae Ceaușescu.

One of Stewart's students at the Appalachian School of Law, a young woman named Irina Dan McGarry, grew up during the last few years of that dictatorship and its aftermath. Her story is a chilling reminder of the often under-appreciated value of our constitutional rights.

Colonial Williamsburg, Part III: Madison v. Henry in a Ratification Smackdown!

Stewart Harris — Fri, 28 Mar 2014 16:40:47 +0000

In this final installment of our three-part series on Colonial Williamsburg, Stewart interviews two CW interpreters: Richard Schumann, who portrays Patrick Henry, and Bryan Austin, who interprets James Madison.

The beginning of the interview is in character: Madison and Henry square off in a spirited debate over the ratification of the Constitution.

Then Stewart interviews Richard and Bryan as themselves, and they explain the many challenges and rewards of assuming the roles of two such important Founders.

Colonial Williamsburg, Part II: More than Wigs and Muskets

Stewart Harris — Fri, 21 Mar 2014 12:44:12 +0000

We're back with the second installment of our three-part series on one of our favorite places in the world: Colonial Williamsburg.

This week Stewart speaks with CW staffers Bill Weldon, Frances Burroughs, Lisa Heuvel and Bill White. Together, they explore CW's extensive educational outreach efforts - things like the online/in-person/online adventure game, REVQUEST - and also the many other programs provided by Colonial Williamsburg that make it one of the premiere places in America for civic education.

And while we still highly recommend that you visit CW, it's nice to know that you can enjoy many of CW's extensive resources from the comfort of your own home or classroom.

Colonial Williamsburg, Part I

Stewart Harris — Fri, 14 Mar 2014 02:25:38 +0000

This week Stewart visits with Cash Arehart, our friend and interpreter at Colonial Williamsburg, one of the coolest places on the planet.

Stewart and Cash talk about the history of the city of Williamsburg, the establishment of Colonial Williamsburg in the 1920's, and the evolution of this unique institution of living history over the past century.

Listen in. It's epic.

Monumental Mistakes

Stewart Harris — Fri, 07 Mar 2014 15:06:11 +0000

Was anesthesia invented in Georgia? Or was it in Massachusetts? Or maybe Rhode Island? All three states have historical markers claiming this major medical breakthrough as their own. Did the first powered flight take place in Kitty Hawk, North Carolina? Or in Pittsburg, Texas? A Texas state marker gives the hat tip to Pittsburg.

To unravel this unsettling problem, Stewart welcomes James Loewen to discuss his book, “Lies Across America: What Our Historic Sites Got Wrong.” Mr. Loewen is also the author of the best-selling, “Lies My Teacher Told Me: Everything Your American History Textbook Got Wrong.”

Stewart also discusses a current controversy over historical markers with Bryan Stevenson, the Director of the Equal Justice Initiative in Montgomery, Alabama.

Join us!

Access to Justice

Stewart Harris — Fri, 28 Feb 2014 14:00:36 +0000

You've got a right to have your day in court. Indeed, the Constitution guarantees you a right to a lawyer, and even requires the government to pay for representation -- at least in a criminal case.

But what if you have other legal needs? What if someone sues you, and you can't afford a lawyer? How much is a constitutional right worth -- if you can't afford it?

Johnson City, Tennessee attorney Tony Seaton has been doing his part to answer these tough questions for years. And now he'll tell us how.

Patrick Henry and Red Hill, Part III

Stewart Harris — Fri, 21 Feb 2014 17:41:20 +0000

Mark Couvillon is back to round out the three part series on Patrick Henry and Red Hill!

Give us Couvillon, or give us death!

Sorry, got a little carried away there . . . .

Patrick Henry and Red Hill, Part II

Stewart Harris — Fri, 14 Feb 2014 01:09:54 +0000

He's back! By popular demand! Patrick Henry, as explained by author Mark Couvillon!

Part I of this can't-miss series took us from Henry's birth in small-town Virginia as a British subject through his "liberty or death" speech, in which he risked the hangman's noose. But that was just the beginning of his fascinating life story.

Draw near, and attend!

Patrick Henry and Red Hill, Part I

Stewart Harris — Fri, 07 Feb 2014 20:57:04 +0000

We've been meaning to do an episode on Patrick Henry for a long time. Finally, we've had a chance to visit his final home, his rustic, little-known estate in rural Virginia known as Red Hill.

And boy, were we impressed. The ladies at Red Hill arranged for us to visit with Mark Couvillon, who knows more about Patrick Henry than anyone we've ever met. In fact, Mark knows so much that we couldn't cram all of his knowledge into one episode, or even two! Yep, that's right: this will be the first of three full episodes devoted to Patrick Henry.

It turns out that he did much, much more of importance in our constitutional history than just giving one speech. Did you know, for example, that . . .

Sorry, not enough space here. Guess you'll just have to listen.

T. Jeffy's Man Cave

Stewart Harris — Fri, 31 Jan 2014 14:58:49 +0000

You've heard of Thomas Jefferson. You've heard of Monticello. Perhaps you've even visited Jefferson's famous plantation. But did you know that our third President had another home, a secret hideaway deep in the forests of western Virginia, where he could escape the madding crowds that descended upon him at Monticello?

No? Never heard of Poplar Forest? Well that was kind of the point, wasn't it?

But we love visiting historical sites and sharing their secrets with you. So please join us as we visit Poplar Forest, T. Jeffy's secret man-cave.

Blueberry Soup

Stewart Harris — Wed, 29 Jan 2014 15:07:54 +0000

This week's episode is all about blueberry soup. Whaaa? Oh, sorry for the confusion -- blueberry soup is Icelandic comfort food. Think chicken and dumplings, or perhaps grits.

But, again: whaaa?

This week we're talking about Iceland. Why? Because in the wake of the recent financial crisis, Iceland had itself a full-blown, grass-roots constitutional reform process. And documentary filmmaker Eileen Jarrett was there. And now she'll tell us all about it.

Join us!

The Rise of the Nones

Stewart Harris — Fri, 17 Jan 2014 14:19:18 +0000

In a 2012 poll, the Pew Research Center noted that almost 20% of Americans responded to a question about their religious affiliation with "none of the above." That's the highest percentage in history. And it may change the way we interpret the Religion Clauses of the Constitution.

We'll talk to Garrett Sheldon, a Southern Baptist minister and a member of the Political Science Department at the University of Virginia's College at Wise; we'll also speak with John Shuck, a Presbyterian minister and the host of Religion for Life, a public radio show produced at WETS, the same station that produces our show. Finally, we'll hear from a college student, Ben Harris, a second-year at the University of Virginia, who'll share his experience with the role of religion on campus.

Correction: our host, Stewart Harris, states twice in this episode that the Supreme Court is currently composed of five Roman Catholic Justices and four Jewish Justices. The actual number is six Roman Catholics and three Jews. We regret the error.

The University Counsel

Stewart Harris — Fri, 10 Jan 2014 14:50:38 +0000

Our good friend Ed Kelly is quite a storyteller, which makes sense, given the wide range of interesting cases he deals with as the general counsel of East Tennessee State University, where our show is produced.

In our fascinating interview, we focus upon Ed's many constitutional cases, which run the gamut from free speech to due process - and also upon some interesting stories from Ed's checkered past.

Join us!

The Nazi and the Aristocrat

Stewart Harris — Fri, 06 Dec 2013 18:46:44 +0000

You've heard of the famous plot to kill Hitler in 1944, code-named Valkyrie. But did you know that the last of the Valkyrie plotters only recently died? His name was Ewald von Kleist, and we'll be talking about him with one of his American relatives, Eric von Kleist. It turns out that the von Kleists, an old aristocratic family from what is now Poland, were anti-Nazi before anti-Nazi was cool. And their adventures make quite a cool story.

The Mysterious Congressman Bingham

Stewart Harris — Fri, 29 Nov 2013 14:02:44 +0000

Never heard of John Bingham? That's a shame. He shouldn't be mysterious at all. For while Thomas Jefferson claimed that "all men are created equal," John Bingham actually wrote equality into the Constitution.

What a novel idea.

Revenge Porn

Stewart Harris — Fri, 22 Nov 2013 21:24:26 +0000

What can you do if an ex-lover posts explicit photographs of you online? Aren't there laws against such behavior?

There are, indeed, according to our two guests. But are such laws effective? And, even if they might be effective, do they violate the First Amendment?

Join us for a timely, and disturbing, discussion.

The Men Who United the States, Part II

Stewart Harris — Fri, 15 Nov 2013 20:54:13 +0000

Part II of our fascinating interview with Simon Winchester. Go back and listen to Part I, then come back here and finish it up. Now! Go!

After we finish speaking with Simon, we'll discuss fashion with Charlie Condon, Associate Dean at the Appalachian School of Law -- he's such a snappy dresser. Actually, we'll discuss an important labor case pending in front of the Supreme Court with Charlie - but the case does revolve around clothing, the sort one wears in a steel mill. So, perhaps we should call it Labor Law Fashion. In any event, it's an important case and an interesting discussion.

The Men Who United the States

Stewart Harris — Thu, 07 Nov 2013 22:01:12 +0000

Best-selling author Simon Winchester discusses his new book, "The Men Who United the States." The unity of our nation is not just a political or social phenomenon. It is also physical, made possible throughout our history by roads, canals, railroads, telegraph lines – up to and including the Internet. The story of how Simon Winchester came to write the book is as fascinating as the book itself.

Also, Stewart talks to Matt Reeves, the Chief Archeologist at Montpelier, James Madison’s historic home in Orange, Virginia.

Roundup 2013

Stewart Harris — Fri, 01 Nov 2013 14:01:11 +0000

Yep, it's that time of year again! Time for our annual Roundup of interesting and important cases now before the United States Supreme Court. We'll talk about abortion, free speech, the environment, unions, and even a murder conspiracy involving a transgendered man.

We'll also hear from our friends at Montpelier - the Riddler will make an appearance - as well as a listener who did NOT like our "I Love Boobies" episode, and who tells us precisely why.

The Harlem Shake!

Stewart Harris — Fri, 25 Oct 2013 14:35:08 +0000

The Harlem Shake! Last spring, a bunch of kids at Tennessee High in Bristol, Tennessee, got permission from their school to make a spoof video featuring the then-current dance craze, the Harlem Shake. Hilarity did not ensue. In fact, according to the students, local school officials pressured them to remove the video from YouTube. Wait, can they do that?

After we finish dancing, we'll talk about another topic near and dear to many people: traffic cameras. Now, now, calm down. Watch your blood pressure. This story has a happy ending.

Join us!

We Love Boobies! And the Third Amendment, too!

Stewart Harris — Thu, 17 Oct 2013 15:25:45 +0000

We love boobies! We're betting that you do, too. But if you wear a bracelet expressing that sentiment in a public school, you might get kicked out. Even if all you're trying to do is promote breast cancer awareness. First Amendment, anyone?

After we've (ahem) gotten abreast of the free speech issues, we'll shift our attention to another of our favorite subjects, the Third Amendment. You remember that one -- it covers . . . it deals with . . . with . . . calling Quiz Lady Kelly Carmichael!

The First Amendment and the 13-Year-Old Girl

Stewart Harris — Fri, 04 Oct 2013 11:44:51 +0000

You don't have to be big and strong to defend the Constitution. You just have to be brave and determined. Just ask Mary Beth Tinker, who wore a black armband to school to protest the Vietnam War despite warnings that she would be punished. Then she took her case all the way to the United States Supreme Court.

Join us and we'll tell you what happened next.

A Hundred-Year-Old Beard

Stewart Harris — Fri, 27 Sep 2013 15:42:36 +0000

Hmm - that doesn't sound very pleasant.

Actually, the Beard in question is a person, Charles Beard, and he's dead. Hmm - that doesn't sound very pleasant, either.

But it's fascinating. You see, Beard was a historian who wrote the most important book you've never heard of, "An Economic Interpretation of the Constitution of the United States," published precisely a century ago, in 1913.

Beard's book has been causing academic fistfights since the day it was published, and that's why we're still talking about it a century later.

Please join historians Woody Holton and Gordon Wood for a rollicking discussion. But restrain yourself. It's just a book.

Tule Lake

Stewart Harris — Fri, 20 Sep 2013 14:54:20 +0000

Never heard of Tule Lake? Consider yourself lucky. It's where the United States concentrated those Japanese-Americans who dared to protest their unlawful incarceration during World War II.

We speak with Barbara Takei, some of whose relatives were imprisoned at Tule Lake, and who has spent years researching it.

A sobering but fascinating episode.

It Ain't Just Playin' Hooky

Stewart Harris — Fri, 13 Sep 2013 13:57:27 +0000

Truancy is a serious problem: serious for the school, for the student, and for society. It's also presents several serious constitutional issues.

We speak with Professor Dean Rivkin of the University of Tennessee College of Law, and with his student, Anna Swift, who are working hard to make the truancy courts of Tennessee better for the students and for the United States Constitution.

Join us!

The City Tavern!

Stewart Harris — Sun, 08 Sep 2013 22:11:37 +0000

Our best field trip ever! We visit the historic City Tavern.

When the delegates to the Constitutional Convention gathered in Philadelphia in May, 1787, there were no modern hotels. They stayed at boarding houses or private homes, and they ate (and drank) in taverns. The most prominent of those was the City Tavern, which has been authentically re-built so that that you can go and eat (and drink) the same way that the delegates did. It is easily the most enjoyable historical research we have ever done.

Join us! Huzzah!

Ed Snowden's Big Adventure

Stewart Harris — Fri, 30 Aug 2013 16:36:23 +0000

Is he a whistle-blower, or a traitor?

We'll leave that judgment to history, or perhaps to the federal courts. In the meantime, we'll put Ed Snowden's Big Adventure in historical context, aided by Professor Joseph Fitsanakis, the Director of King University's Institute for Security and Intelligence Studies.

Join us for some cloak and dagger and a little dash of J. Edgar Hoover.

Dolley Before She was a Madison

Stewart Harris — Sat, 24 Aug 2013 14:52:22 +0000

Dolley Madison started life in Virginia as a Payne - no pun intended.

Then her Quaker family moved to Philadelphia, where she married lawyer John Todd, and had two children.

Then, after the death of Todd and one of their children, Dolley faced financial hardship and was forced to sell bread on the streets of Philadelphia.

And all of this before she married James Madison - and you'll never believe who introduced them, and who served as James's wingman during the courtship.

We talk to Lynn Uzell, Scholar-in-Residence at Montpelier, who not only studies Dolley, but portrays her. We also take a tour of Todd House with Karie Diethorn, a historian with the National Park Service.

Join us!

Separation of Powers

Stewart Harris — Thu, 22 Aug 2013 15:09:08 +0000

"The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self appointed, or elective, may justly be pronounced the very definition of tyranny." James Madison, Federalist #47, January 30, 1788.

You said it, James! And this week we're talkin' Separation of Powers, or, as your 8th Grade teacher might have called it, "Checks and Balances." Either way, it's the first and most fundamental way that the Constitution protects our individual liberties. Ben Kleinerman from Michigan State University's James Madison College tells us all about it, and Cash Arehart, from Colonial Williamsburg, tells us about a new Electronic Field Trip that uses baseball to illustrate the concept (Cash is playing the role of Chief Justice John Marshall in the photograph).

We're also talking about how we might improve the Constitution, with our rabble-rousing buddy Chris Phillips and his new project at the National Constitution Center, "The Next 10 Amendments."

Ratification, Part 2

Stewart Harris — Fri, 09 Aug 2013 12:06:55 +0000

We finish our discussion of the Constitution's ratification with John Kaminski, the Director of the Center for the Study of the Constitution at the University of Wisconsin.

We also speak with ConSource Executive Director Julie Silverbrook about the role of women in ratification. They had more to say than you might guess.

Finally, we talk to a real, live Madison, who is - perhaps - the first descendant of James Madison's immediate family to live at Montpelier in over a century.

Please join us.

The Ratification of the Constitution

Stewart Harris — Fri, 02 Aug 2013 13:42:15 +0000

What happened after Constitution Day? We celebrate the end of the Constitutional Convention every September 17 (join us at Montpelier!) but that day was as much a beginning as an end. And the story of the following nine months makes for a fascinating tale.

Join us as we speak with John Kaminski, the Director of the Center for the Study of the Constitution at the University of Wisconsin, which is in the midst of a 75-year-long project: the Documentary History of the Ratification of the Constitution.

Curmudgeons on the Court?

Stewart Harris — Fri, 26 Jul 2013 15:20:27 +0000

Is the Supreme Court just too darn old, by cracky?

Eric Segall of Georgia State University thinks that some of the Court's members are, perhaps, a bit long in the tooth. And he blames the aging of the Court squarely upon the Constitution - upon Article III, to be precise, which provides that federal judges may serve during "good behavior" -- which effectively means for life.

This one's a discussion for the ages.

Who Made You the Boss?

Stewart Harris — Sat, 20 Jul 2013 13:43:35 +0000

Well, if you're the Supreme Court of the United States, you made yourself the Boss. And you did it more than 200 years ago, in the most important constitutional case in American history: Marbury v. Madison.

Our discussion of this remarkable case, and the remarkable story behind it, is long overdue. We've been waiting for just the right storyteller, and now we've found him: George Kuney of the University of Tennessee's College of Law.

Please join George and our host, Stewart Harris, as they talk about this fascinating case and the fascinating personalities behind it - James Madison, Thomas Jefferson, and, of course, John Marshall, the greatest Chief Justice the High Court has ever known. Indeed, since Marshall wrote the decision in Marbury, nothing's ever been the same.

George Mason, Forgotten Founder

Stewart Harris — Sat, 06 Jul 2013 12:55:28 +0000

Ever heard of George Mason? And, no, we don't mean the GMU basketball team. George Mason, the Founder. The Framer of our Constitution? The guy who pushed the entire founding generation into adopting what became our national Bill of Rights?

Didn't think so. But he was remarkably important. He also had a cool house. We decided to visit it. And you're invited to join us.

Naked Photos and Friendly Hands

Stewart Harris — Sun, 30 Jun 2013 01:12:34 +0000

Don't touch my junk!

It's the catchphrase for how most of us feel as we approach TSA airport checkpoints. But is there a constitutional issue there? What about the Fourth Amendment? That "unreasonable searches and seizures" stuff?

We talk with two people about this - ahem - pressing issue: Kate Hanni, from FlyersRights.org, and Adam Engel, a criminal defense attorney and security expert.

Fasten your seatbelts - it's going to be a bumpy ride.

Constitution USA: Turning the Tables on Peter Sagal

Stewart Harris — Wed, 12 Jun 2013 11:14:08 +0000

Ready for a constitutional laff riot???

Listen to our interview with Peter Sagal, host of the NPR news quiz show "Wait, Wait . . . Don't Tell Me!" and also, more recently, the host of the four-part PBS series "Constitution USA with Peter Sagal."

We turn the tables on NPR's Quizmaster and make him answer some tough questions about the Constitution. Our Quiz Lady, Kelly Carmichael of James Madison's Montpelier, offers not only her usual multiple-choice brain teasers, but also some fake news stories and even some limericks, just as Peter does on his show.

So join us for a fun-filled discussion of "Constitution USA," "Wait, Wait" and, of course, the Constitution itself. And find out how Peter Sagal does without his answer key.

Mrs. Keckley's Dresses

Stewart Harris — Fri, 31 May 2013 12:36:21 +0000

We talk with writer Joan Gage about Elizabeth Keckley, a largely-forgotten woman who rose from slavery to become a seamstress and confidante of Mary Todd Lincoln, and who wrote a memoir of her remarkable life.

And attorney Joanie Burroughs tells us about Beate Gordon, who almost single-handedly wrote women's rights into the Japanese Constitution after World War II.

The Crash at Charley River

Stewart Harris — Fri, 24 May 2013 11:17:41 +0000

Memorial Day, 2013 is almost upon us. We here at YWC are profoundly grateful to our military servicemen and servicewomen, who promise to support and defend the Constitution of the United States against all enemies, foreign and domestic - and who often die fulfilling that solemn oath.

Here's a story that will bring tears to your eyes.

The Constitution and the Kill List

Stewart Harris — Fri, 17 May 2013 11:57:23 +0000

There are lots of bad guys out there. And lots of people who could be bad guys. And other guys . . . well, we're not so sure about them.

But can the President simply make a list, sit down in his big chair in the Oval Office, and decide which of these alleged bad guys to kill?

We speak with David Adler, the Director of the Andrus Center for Public Policy at Boise State University, an expert on presidential power. David takes us on a fascinating journey, concentrating on the way executive power has dramatically increased during and after the Cold War, and especially after 9/11.

You'll want to listen to this one. In the meantime, don't make the President mad.

Madison's Challenge

Stewart Harris — Fri, 10 May 2013 17:40:23 +0000

James Madison knew that only an educated citizenry could govern itself while preserving its essential freedoms. He spent much of his life building such a citizenry in America.

Today, the Robert H. Smith Center for the Constitution at Montpelier carries on Madison's work in a variety of ways and through a variety of media -- including this radio show. Another way is through the Montpelier Seminars, residential programs in which teachers, judges, police officers and others learn about our constitutional history and values at the very place where Madison lived and worked. We'll talk to Professor David Marion, who recently led a Montpelier Seminar on the Bill of Rights.

It's a noble effort.

The Monster of Monticello, Part II

Stewart Harris — Fri, 03 May 2013 12:26:41 +0000

Well, we spent last week beating up on Thomas Jefferson, so this week . . . we're going to beat up on him some more. We finish our conversation with Paul Finkelman of Albany Law School, who discusses not only Jefferson's hypocrisy over the slavery issue, but his deep racism and his illicit relationship with his slave Sally Hemings.

After we finish our discussion with Paul, we have a first: an appeal of Constitutional Quiz! Actually, for you lawyers out there, it's more like a filing of an amicus brief by a third party, a professor at the University of Maine at Farmington, Jim Melcher. Jim thought that Eric, a contestant who failed to win a T-shirt some time ago, had actually given the correct answer to a quiz, while our preferred answer was actually wrong. After a full and fair hearing on the merits, the decision of the appellate panel was . . . .

The Monster of Monticello

Stewart Harris — Tue, 30 Apr 2013 21:12:47 +0000

Who? What? Are we talking about Thomas Jefferson? You bet.

There is an ongoing debate among historians (and other people, lots of other people) about old Tom's place in American history. Everyone admires the Declaration of Independence and "all men are created equal." But then there's that slavery thing. Ouch.

We'll talk with Paul Finkelman, author of "Slavery and the Founders," who is among Jefferson's harsher critics. Paul doesn't pull any punches. But don't worry, this is just one conversation among many that we've had, and will have again, about a remarkable, contradictory man who is arguably our most troubling Founder.

The United States Attorney

Stewart Harris — Fri, 19 Apr 2013 00:05:40 +0000

Who are those guys?

You've heard of them - the United States Attorneys. They sound pretty important. But who are they, and what do they do? Quite a lot, it turns out. And a lot of what they do involves the Constitution, starting out with their appointment by the President and their extensive and arduous confirmation process before the United States Senate.

We talk to two of these powerful government officials: Tim Heaphy, from the Western District of Virginia; and Bill Killian, from the Eastern District of Tennessee. Tim and Bill tell us about their duties, their backgrounds, and how they came to occupy these important positions. And, yes, they share lots of good war stories.

Frederick Douglas, Part II

Stewart Harris — Fri, 12 Apr 2013 12:53:24 +0000

We continue our discussion with actor Fred Morsell, who has portrayed Frederick Douglass for 30 years.

In Part I we discussed Douglass's early life and his escape from slavery. In Part II we discuss his activities as an abolitionist, newspaper publisher, advocate for women's rights, author and public speaker.

Join us!

Frederick Douglass, Part I

Stewart Harris — Sat, 06 Apr 2013 15:06:00 +0000

Slavery was the original sin in our Constitution. This is the story of a man who helped us to recognize that sin and, ultimately, destroy it.

We'll talk to Fred Morsell, an actor who has portrayed Frederick Douglass for 30 years, and who knows so much about him that one episode of YWC is simply not enough. Part I covers Douglass's early life as a slave and his journey to freedom. Part II focuses upon Douglass the free man and abolitionist.

Please join us for a poignant, powerful American story.

Recreational Marijuana

Stewart Harris — Mon, 01 Apr 2013 01:52:07 +0000

D-u-u-u-de! Colorado and Washington State have legalized recreational marijuana! But don't get too excited - the feds still criminalize the wacky weed.

So what's a poor Washingtonian or Coloradan to do? We speak with Vanderbilt law professor Robert Mikos about this smokin' hot constitutional issue. We also get the latest from the trenches of the drug wars from Howard Wooldridge of Citizens Opposed to Prohibition (COPs).

Constitution Cafe

Stewart Harris — Fri, 22 Mar 2013 11:59:00 +0000

Maybe we should just scrap the Constitution and start all over again.

Hey, before you get angry at us, consider the source: Thomas Jefferson suggested that we adopt a new constitution every 20 years or so. And Christopher Phillips, author of "Constitution Cafe," wants to take him up on it.

Roe v. Wade at 40

Stewart Harris — Fri, 15 Mar 2013 13:45:51 +0000

Protestors. Editorials. Talking heads. Think you've heard everything there is to say about abortion?

You haven't. The decision in Roe v. Wade, which constitutionalized the abortion debate, was handed down just over 40 years ago. So we decided to go back to the beginning. Actually, before the beginning. And we spoke with someone who was there: Pulitzer-Prize-winning journalist Linda Greenhouse, who reported on the Supreme Court for almost three decades, and who has co-authored a book with Reva B. Siegel called "Before Roe v. Wade: Voices that Shaped the Abortion Debate Before the Supreme Court's Ruling."

We learned a lot. So will you. Please join us for a fascinating discussion about the most controversial Supreme Court decision in the past, well, 40 years.

Borking Bork

Stewart Harris — Fri, 08 Mar 2013 00:02:57 +0000

A hero of the Right, a nemesis of the Left, Judge Robert Bork recently passed away. A man of many accomplishments, he was most well-known for what he never was - a Justice of the United States Supreme Court.

We'll talk to historian David Greenberg about Judge Bork's still-controversial confirmation hearings, and we'll also talk to United States Attorney Tim Heaphy, who, as a young staffer for then-Senator Joe Biden, personally witnessed history unfold.

Debt, Default and the Trillion-Dollar Coin

Stewart Harris — Fri, 01 Mar 2013 00:13:39 +0000

Will we or won't we? Default, that is. On the national debt.

Scary thought, isn't it? But don't panic. Instead, listen in as we speak with Eric Posner of the University of Chicago, who helps us figure out some constitutional options for dealing with the seemingly never-ending impasse over the federal budget.

This episode is money.

Lincoln: Fact or Fiction?

Stewart Harris — Fri, 22 Feb 2013 11:45:49 +0000

Sure, we think it's a great movie - politics, war, a constitutional amendment - who could ask for more?

But is it historically accurate? Now that's another story.

Paul Finkelman of Albany Law School -- the same guy who told us all about the Emancipation Proclamation -- helps us sort it out.

Facebook, Free Speech and Public Schools, Part II

Stewart Harris — Fri, 15 Feb 2013 23:27:07 +0000

We finish up our fascinating discussion with Frank LoMonte of the Student Press Law Center. After finishing our tour of the major Supreme Court decisions affecting student speech - including the notorious "Bong Hits for Jesus" case - we finally get to Facebook and other social media, the new frontier of student speech cases.

Join us!

Facebook, Free Speech and Public Schools, Part I

Stewart Harris — Fri, 08 Feb 2013 12:58:46 +0000

Can your teacher punish you for what you post on Facebook? Even if you do it at home? On a weekend? During summer vacation?

We talk to Frank LoMonte of the Student Press Law Center, who will take us through the major Supreme Court cases governing public school speech, cases which don't necessarily bode well for student rights.

But before we start our discussion with Frank Lomonte, we also speak briefly with Michael Perry about his February 4, 2013 presentation on human rights for the Buechner Institute of King College in Bristol, Virginia.

Contraceptives, Health Care and God

Stewart Harris — Sun, 03 Feb 2013 19:57:42 +0000

Can the government mandate that your employer's health care insurance provide you with "preventive care" -- care that includes contraceptives? What if your employer objects? What if your employer is a church? Or simply very religious? What about that Free Exercise of Religion thing?

Okay, now it's getting constitutional. So it's a good thing that Professor Doug McKechnie is with us to tell us all about the First Amendment issues.

Fred Korematsu, All-American, Part II

Stewart Harris — Fri, 25 Jan 2013 18:10:52 +0000

Part II of the compelling tale of Fred Korematsu, who stood up to the mass incarceration of over 100,000 Americans of Japanese ancestry during the Second World War.

We won't give away the end of the story, but we will say that sometimes justice isn't done in a courtroom, but in the court of history.

Fred Korematsu, All-American, Part I

Stewart Harris — Sat, 19 Jan 2013 18:03:14 +0000

Soldiers rounding up people in the streets. Innocent people. Law-abiding citizens. Children. Transporting them to remote camps surrounded by barbed wire and armed guards.

No, we're not talking about Nazi Germany. Not the Soviet Union. Not North Korea, either.

We're talking about the United States of America. And we're not kidding.

Constitution Day 2012

Stewart Harris — Sat, 12 Jan 2013 16:50:36 +0000

What's your favorite holiday? Christmas? The Fourth of July? Arbor Day?

Those are all fine choices, but here at Your Weekly Constitutional we have our own particular favorite: September 17 - CONSTITUTION DAY!

Join us for good times with James and Dolley Madison on a sunny day filled with warm breezes, cool drinks and good conversation -- a party in September at Montpelier.

Kickin' Up a Ruckus over Gay Rights and Free Speech

Stewart Harris — Fri, 04 Jan 2013 15:06:07 +0000

Gay Rights, Free Speech, Pro Football -- who could ask for anything more?

We'll talk to Chris Kluwe, punter for the Minnesota Vikings, who wrote an open letter about these strangely-related subjects, a letter laced with inventive and hilarious profanity. It was published on the Huffington Post and became an internet sensation.

Chris, who also dominates online video games and plays bass with the band Tripping Icarus, is not your average NFL player and this is not your average episode. Indeed, some of the language discussed may not be appropriate for younger listeners. But join us anyway. You've heard these words before. Well, most of them.

Watching the Detectives

Stewart Harris — Fri, 21 Dec 2012 22:35:20 +0000

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.

The Queen of America

Stewart Harris — Fri, 14 Dec 2012 12:49:18 +0000

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 excerpts from her November, 2012 presentation at Montpelier.

Talking Affirmative Action with the President

Stewart Harris — Fri, 07 Dec 2012 14:13:19 +0000

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 constitutional basis for affirmative action programs in college and university admissions? Join us for the inside story of the Grutter and Gratz cases, and what might happen to them when the the Supreme Court decides Fisher v. the University of Texas.

Kleanin Up with the Klan

Stewart Harris — Fri, 30 Nov 2012 14:53:18 +0000

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.

Founding Scoundrel

Stewart Harris — Fri, 23 Nov 2012 13:03:26 +0000

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 share of - ahem - moral flexibility, a fellow who did some extraordinary things, but who also had a few of what our younger listeners might call Epic Fails. His name was William Blount, and we call him our Founding Scoundrel.

He Really Might Be Watching You

Stewart Harris — Thu, 15 Nov 2012 22:07:12 +0000

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.

Congressional Case Study: The Fightin' Ninth

Stewart Harris — Fri, 09 Nov 2012 12:25:48 +0000

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 constitutional philosophies in your district's congressional race.

Of course, the 2012 race is over now, and the winner of the Fightin' Ninth was . . . .

Endowed by Our Creator

Stewart Harris — Wed, 07 Nov 2012 12:34:32 +0000

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 prominent Framers said, wrote and did on the subject of church-state relations - people like George Washington, Benjamin Franklin, Thomas Jefferson and, of course, James Madison. And Mike tells us all about it in a lively, entertaining way. We had a great time speaking with him, and we guarantee that you'll enjoy him as much as we did.

And once you've listened, you can tell all of your friends what the most important Framers really thought about church-state relations.

Roundup 2012

Stewart Harris — Fri, 26 Oct 2012 12:36:31 +0000

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.

The Equal Rights Amendment

Stewart Harris — Fri, 19 Oct 2012 14:04:48 +0000

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.

Our Imbecilic Constitution

Stewart Harris — Wed, 17 Oct 2012 12:42:20 +0000

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 revisiting some of the very issues that were hotly debated during the Constitutional Convention of 1787. Hey, that's why we have an amendment process, right?

The Electoral College

Stewart Harris — Fri, 05 Oct 2012 13:51:14 +0000

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 College at all, and who has a plan for effectively abolishing it -- without amending the Constitution.

Listen up!

The Big Think: Participatory Democracy and Political Ethics

Stewart Harris — Wed, 26 Sep 2012 18:23:51 +0000

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 ethics. We also hear from Doug Smith, the Executive Director of the Center for the Constitution, about why such conferences are important.

It will blow your mind.

The Big Switcheroo?

Stewart Harris — Sat, 15 Sep 2012 13:27:36 +0000

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 appellate courts work, and what (might have) happened just before the decision on "Obamacare" was handed down.

The Mystery of Madeira Wine

Stewart Harris — Fri, 07 Sep 2012 15:04:01 +0000

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.

Modern Warfare: Drones

Stewart Harris — Wed, 29 Aug 2012 12:26:07 +0000

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.

Modern Warfare: Cyberwar!

Stewart Harris — Sat, 18 Aug 2012 16:36:14 +0000

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.

A Squirrel's Leap from Heaven

Stewart Harris — Fri, 10 Aug 2012 17:07:28 +0000

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.

Aaron Burr's Big Adventure

Stewart Harris — Fri, 03 Aug 2012 20:04:24 +0000

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.

Thou Shalt Not . . . Post These Commandments!

Stewart Harris — Fri, 27 Jul 2012 17:53:11 +0000

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.

The Great Emancipator

Stewart Harris — Thu, 19 Jul 2012 20:43:42 +0000

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!

Produce the Body!

Stewart Harris — Wed, 11 Jul 2012 01:37:58 +0000

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 charged with capital crimes. In this episode, we look at one such case, House v. Bell, from Tennessee, in which a man sat on death row for more than 20 years while lawyers used habeas proceedings to try to prove his innocence.

Rape and murder, guilt and innocence, conviction and . . . exoneration? Join us and find out.

What Caused the American Civil War?

Stewart Harris — Wed, 04 Jul 2012 15:06:40 +0000

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.

What's Wrong with (Public) School Prayer?

Stewart Harris — Fri, 29 Jun 2012 14:28:03 +0000

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.

The Yancey County News - Defenders of the First Amendment

Stewart Harris — Fri, 22 Jun 2012 18:02:38 +0000

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.

The Stolen Valor Act

Stewart Harris — Wed, 13 Jun 2012 22:30:50 +0000

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?

Roscoe Filburn Had a Farm

Stewart Harris — Fri, 08 Jun 2012 13:49:22 +0000

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.

Eugenics in America

Stewart Harris — Thu, 31 May 2012 01:27:05 +0000

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.

Is the Fed Constitutional?

Stewart Harris — Thu, 24 May 2012 19:48:46 +0000

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.

Medical Marijuana

Stewart Harris — Wed, 16 May 2012 20:48:52 +0000

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.

Health Care Forum

Stewart Harris — Wed, 09 May 2012 21:47:12 +0000

The Supremes get to decide the fate of the new federal health care statute, but the rest of us can talk about it, too. We've assembled several knowledgeable and articulate people, including a doctor, other health care professionals, a couple of law professors, and even the Attorney General of the Commonwealth of Virginia, Ken Cuccinelli. There are lots of insights and lots of opinions, all of which makes for a learned and lively discussion.

A Partnership with James Madison's Montpelier, the Home of the Constitution

Stewart Harris — Wed, 02 May 2012 13:42:15 +0000

We've got a new partner, and a new format!

The new partner is the Home of the Constitution, James Madison's Montpelier, where the Father of the Constitution spent most of his life, and where he designed many of the basic principles of our Constitution.

The new format includes new features, such as the Madison Minute, where each week we'll explore some aspect of James Madison's life, family or thought. It also includes This Week at Montpelier, where we'll discuss the many fascinating things happening all the time at the Home of the Constitution, from archaeology to wine tasting. And you'll notice increased technical quality, especially on the Constitutional Quiz with our Quiz Lady, Kelly Carmichael.

But the basic focus of the show hasn't changed. We'll still take a major constitutional topic each week and talk with knowledgeable people about it. If it's controversial, we'll try to get all sides.

So think of it as Your Weekly Constitutional, Version 2.0. Take a listen and let us know what you think.

WWKJ? Would We Kill Jesus?

Stewart Harris — Thu, 26 Apr 2012 22:32:27 +0000

Join us as we put Jesus of Nazareth on trial for his life. Professor Mark Osler and Public Defender Jeanne Bishop present the Trial of Christ at Carson-Newman College with your host, Stewart Harris, as the presiding judge. It's not your standard death penalty debate.

The Odd Clauses of the Constitution

Stewart Harris — Wed, 04 Apr 2012 12:18:15 +0000

Ever read the Constitution straight through? You really should. It doesn't take that long, and you'll encounter some interesting and surprising things along the way. Did you know, for example, that there is a clause devoted to, of all things, Weights and Measures? And another devoted to Marques of Reprisal? We talk to Jay Wexler, who tells us all about it.

The Plots Against the President

Stewart Harris — Wed, 28 Mar 2012 13:10:55 +0000

The Plots Against the President.

We'll talk to award-winning author Sally Denton about the left-wing assassination attempt on Franklin Roosevelt just before he took office, and the right-wing conspiracy to replace him with a fascist dictator.

Whaaa????

Yup, they really happened.

A Visit to Montpelier

Stewart Harris — Fri, 23 Mar 2012 20:06:46 +0000

Join us for an in-depth tour of James Madison's mansion and estate. We'll scrape away the paint and look behind the walls. We'll even dig up the grounds and rummage around in the foundations. There's a lot of constitutional history here, from Madison's time through the Civil War, the Gilded Age and even including Jim Crow. It's a fascinating journey.

A Return to Montpelier

Stewart Harris — Fri, 23 Mar 2012 13:27:29 +0000

We promised that we'd go back, and now we have. And you can come with us. We'll hear more about the detective work involved in the restoration of James Madison's mansion. We'll also find out how archaeologists are unearthing (literally) hundreds of years of constitutional history at Montpelier, from the Founding Era to Jim Crow. C'mon - let's get diggin'.

Pardon Me! Please!

Stewart Harris — Wed, 07 Mar 2012 15:22:36 +0000

Former Governor Haley Barbour of Mississippi is only the latest in a long line of chief executives to issue a heapin' helpin' of pardons just before leaving office -- Richard Nixon, anyone? Anyone? -- How could he do such a thing? How have U.S. Presidents, from George Washington to Barack Obama, exercised the remarkable Pardon Power?

A Slave in the White House

Stewart Harris — Thu, 23 Feb 2012 22:18:24 +0000

The riveting story of Paul Jennings, who began life as one of James Madison's slaves, who accompanied Madison to Washington, DC, and who eventually purchased his own freedom from Dolley Madison. We'll speak with Elizabeth Dowling Taylor, who chronicles Jennings's amazing story in her new book, "A Slave in the White House."

The Strange Case of Roger Keith Coleman

Stewart Harris — Thu, 16 Feb 2012 22:00:05 +0000

A brutal rape and murder. A twisted, brilliant defendant. An execution. But did we execute the wrong man? Join us as we talk to Tom Scott, one of the prosecutors in this remarkable case, which garnered international attention and became a focal point in the ongoing debate over the death penalty. Perhaps strangest of all: it all started right here, in tiny, remote and beautiful Grundy, Virginia.

Philadelphia Stories, Part III - The National Constitution Center

Stewart Harris — Tue, 24 Jan 2012 21:06:01 +0000

Join us for a tour of the nation's only museum dedicated entirely to the United States Constitution. We'll get up close & personal with the Framers. We'll also go outside into Philadelphia's Historic District for the Constitutional Walking Tour. So put on your comfy shoes and get set.

Health Care Reform

Stewart Harris — Thu, 29 Dec 2011 01:11:26 +0000

Doctor, doctor, gimme the news, I got a bad case of . . . Health Care reform. We'll talk to two learned gentlemen with very different opinions about the constitutionality of what is commonly referred to as either the Affordable Health Care Act or Obamacare. Listen in and take your pick.

Textbooks and Witchcraft and God - Oh, My!

Stewart Harris — Thu, 22 Dec 2011 05:57:33 +0000

Battleground! Where? Right here in Northeast Tennessee. What's the fighting about? The First Amendment and the free exercise of religion.

We'll talk to Stephen Bates, who wrote a book about the great textbook battle of the 1980's in Hawkins County, Tennessee - a constitutional slugfest between Concerned Women for America and People for the American Way.

But before it became a national sensation, this particular battle began with a local "homebody homemaker" named Vicki Frost and her concerns about witchcraft and "secular humanism" in the public schools.

A Tribute to Norman Corwin and the Bill of Rights

Stewart Harris — Wed, 14 Dec 2011 13:23:13 +0000

It's that magical time of year! Carolers, presents, and . . . Bill of Rights Day! It's December 15 - remember? Sure you do. In honor of the 220th Anniversary of the Bill of Rights, we'll be celebrating this most-overlooked of holidays with a special treat - a tribute to radio pioneer Norman Corwin, who produced a remarkable broadcast in 1941 - the 150th Anniversary of the Bill of Rights - called "We Hold These Truths." Our show will feature extensive excerpts from the 1941 broadcast, plus explanation and commentary from our host, Stewart Harris. So tune in your crystal sets or join us online at wets.org.

The Impeachment of Andrew Johnson

Stewart Harris — Wed, 30 Nov 2011 13:51:02 +0000

Who is this Andrew Johnson? Hint: he has something in common with another guy you might more easily recognize named William Jefferson Clinton. In fact, these two guys have a lot in common. You see, both started out poor in the rural South, both were reared primarily by their mothers, and both ended up being . . . . well, let's not spoil it.

The National Archives, Part 2

Stewart Harris — Wed, 23 Nov 2011 13:11:44 +0000

The second part of our visit to the National Archives, where we'll talk about the actual, original, handwritten United States Constitution. We'll also speak with other visitors as they experience firsthand the Charters of Freedom, which include not only the Constitution, but also the Bill of Rights, and, of course, the Declaration of Independence. And we'll finish our fascinating conversation with conservator Kitty Nicholson.

The National Archives, Part I

Stewart Harris — Wed, 16 Nov 2011 18:25:01 +0000

Join us as we visit the original Constitution of the United States in its high-tech encasement in the Rotunda of the National Archives in Washington, DC. We'll have a fascinating discussion with Catherine "Kitty" Nicholson, one of the conservators who literally preserve and protect that great document every day. We'll also visit the Declaration of Independence and the original proposed Bill of Rights - all 12 of them.

Kitty has lots of wonderful stories, dating back to the very creation of the Constitution. Did you know, for example, that it's not printed on paper, but on . . . . Tune in to find out.

Supreme Court Roundup

Stewart Harris — Fri, 11 Nov 2011 20:47:58 +0000

It's time for our first annual Roundup! A Supreme Court Roundup, that is. I'll be talking to several of my learned and articulate colleagues at the Appalachian School of Law about some of the more interesting cases coming before the United States Supreme Court this term. So grab your hat, saddle up your horse and get ready for some serious constitutional ropin' and ridin'. Yeeeee-haaa!

Military Funerals and Hate Speech

Stewart Harris — Wed, 02 Nov 2011 12:15:40 +0000

Can we do anything to stop the venomous rantings of groups like the Westboro Baptist Church? Is some speech so hateful that it is beyond the protections of the First Amendment?

Prohibition Forum

Stewart Harris — Wed, 19 Oct 2011 13:08:34 +0000

Our Prohibition Forum! Or at least as much of it as we could squeeze into an hour's worth of radio.

Was it Constitutional to Kill Osama bin Laden?

Stewart Harris — Wed, 05 Oct 2011 13:52:22 +0000

Was it constitutional for President Obama to kill Osama bin Laden? How about the killing of Anwar al-Awlaki, an American citizen living in Yemen? The answers are more complex than you might think. We talk to John Bellinger, former Legal Advisor to both Secretary of State Condoleezza Rice and to the National Security Council. We also speak with Professor Robert Turner of the Center for National Security Law at the University of Virginia.

Banned Book Week

Stewart Harris — Wed, 28 Sep 2011 12:10:49 +0000

Are we talking Nazis and bonfires? Or is it something more nuanced? Is every attempt to remove a book from a library a "ban?" We'll talk to a lawyer for the American Library Association and to one of the ALA's critics. We'll also talk to a high school English teacher and a public librarian. Listen up - it's a hot one.

Prohibition, Part II: The Rise and Fall of Al Capone

Stewart Harris — Wed, 21 Sep 2011 12:04:50 +0000

In our second episode on Prohibition, we conclude the bloody tale of the St. Valentine's Day Massacre. By 1929, gang violence had become so brazen than many people started openly calling for repeal of the 18th Amendment.

Prohibition, Part I

Stewart Harris — Wed, 14 Sep 2011 19:14:03 +0000

The first in a series of episodes on Prohibition, which tie in with the new Ken Burns PBS documentary. Former Cook County Police Chief Art Bilek tells the gripping story of the Chicago mob and the St. Valentine's Day Massacre, the single most notorious act of gang violence during Prohibition. Such violence and the inability of corrupt politicians to prevent it eventually led to the repeal of the 18th Amendment.

Who was Jim Crow?

Stewart Harris — Wed, 07 Sep 2011 12:18:20 +0000

Well, it's a long, sad tale. We'll tell it with help from Derrick Howard of the Appalachian School of Law and James Loewen, author of "Sundown Towns."

Philadelphia Stories, Part II

Stewart Harris — Wed, 24 Aug 2011 12:42:05 +0000

We'll hunt for National Treasures where Congress and the Supreme Court first met, and at the Second Bank of the United States, precursor to the Federal Reserve. That's where they keep all the money.

Is the Pledge of Allegiance unconstitutional?

Stewart Harris — Wed, 10 Aug 2011 12:35:40 +0000

Is the Pledge of Allegiance unconstitutional? Michael Newdow thinks so. And he's gotten at least one federal court to agree with him. We'll talk to Dr. Newdow, and to Gregory Katsas, a former Justice Department lawyer who defended the Pledge against one of Dr. Newdow's lawsuits.

Philadelphia Stories, Part I

Stewart Harris — Wed, 03 Aug 2011 12:09:08 +0000

We're taking a field trip to . . . Independence Hall! To the very place where the Founders came together and debated our Constitution. So grab your tri-cornered hat, pull on your knee breeches, and let's get down to business.

Same Sex Marriage

Stewart Harris — Thu, 28 Jul 2011 19:03:14 +0000

Cue the bridesmaids! Find the groom! It's time for . . . Gay Marriage. Or is it? We'll discuss both sides of the issue Tuesday at 8PM. No gifts, please.

Should Women Vote? Part II

Stewart Harris — Wed, 20 Jul 2011 12:20:55 +0000

Part II of our two-part series features Knoxville attorney Wanda Sobieski telling the dramatic story of the final ratification of the 19th Amendment in Tennessee.

Should Women Vote?

Stewart Harris — Wed, 13 Jul 2011 14:18:28 +0000

Few people would argue the point today, but many people argued about it prior to 1920. We'll speak with Knoxville attorney Wanda Sobieski about the fight for women's suffrage, including the dramatic story of the final ratification of the 19th Amendment in Tennessee.

We the People National Finals

Stewart Harris — Wed, 29 Jun 2011 12:22:03 +0000

The Olympics! The Olympics of constitutional competitions, that is: the We the People National Finals in Washington, DC, where the best teams from all 50 states recently competed for glory. Our most exciting episode to date!

Evolution v. Intelligent Design

Stewart Harris — Wed, 15 Jun 2011 12:03:56 +0000

Does Intelligent Design belong in public school biology classes? What is "Intelligent Design" anyway? And how does it relate to evolution? And what does the Constitution have to say about it?

We'll talk to one of the lawyers who argued the famous Dover v. Kitzmiller case, in which this very issue was put to the test. It was the second great "Monkey Trial," and this time, a federal court decided that . . . . well, you'll just have to listen to find out.

Strict Constructionism

Stewart Harris — Fri, 10 Jun 2011 20:11:10 +0000

You've probably heard variations on the term "strict constructionism," typically when a politician calls himself a "strict constructionist." But what, precisely, do these terms mean? Do they provide a roadmap to interpreting the Constitution? Or are they just labels that - strictly speaking - don't mean much?

It turns out that the answer is not so simple. Indeed, over the past couple of centuries, "strict constructionism" has meant different things at different times and to different people. Good thing that we've got Joe Lane, Chair of the Political Science Department at Emory & Henry College, to explain it all to us.

Who Wrote the Constitution?

Stewart Harris — Fri, 10 Jun 2011 20:09:33 +0000

Somebody had to. We talk to Richard Beeman, author of the best-selling book "Plain Honest Men: The Making of the American Constitution."

Judicial Activism

Stewart Harris — Fri, 10 Jun 2011 20:07:59 +0000

A bunch of people in black robes. Who are those guys? We'll discuss judicial activism.

Nullification

Stewart Harris — Fri, 10 Jun 2011 20:06:40 +0000

When an irresistible state collides with an immovable federal government, somethin's gotta give.

The Kelo Eminent Domain Case

Stewart Harris — Fri, 10 Jun 2011 20:05:12 +0000

Is your home your castle or some corporation's next office park?

Virginia We the People State Finals

Stewart Harris — Fri, 10 Jun 2011 20:03:39 +0000

Grab your lunchboxes -- we're goin' on a field trip! This episode is devoted to the recent Virginia We the People State Finals, the climactic culmination of a constitutional competition run by our own Quiz Lady, Kelly Carmichael.

The New York City Mosque Controversy

Stewart Harris — Fri, 10 Jun 2011 20:02:00 +0000

Does the Constitution have anything to say about whether Muslims can build an Islamic community center within a few blocks of Ground Zero?

George Washington

Stewart Harris — Fri, 10 Jun 2011 20:00:31 +0000

First in war, first in peace, first in . . . writing the Constitution? Professor Jeffry Morrison will discuss the one "indispensable man" of the Constitutional Convention: George Washington. Also joining us: ASL student Joannie Burroughs.

Constitutionality of Secession

Stewart Harris — Fri, 10 Jun 2011 19:59:05 +0000

Is secession constitutional? Wait -- wasn't that question settled in 1865? Perhaps not: Recent statements by some states' rights advocates make it strangely timely today. We'll hear from two attorneys: Kent Masterson Brown and Robert Black. Also joining us will be ASL students LaTri-c-ea McClendon and Chris Menerick.

The Lost State of Franklin

Stewart Harris — Wed, 01 Jun 2011 12:02:22 +0000

We'll talk to Kevin Barksdale, who wrote a great book about the mostly-forgotten attempt to create a 14th state in the 1780's, before we had a real Constitution. We'll also visit the Tipton-Haynes Historic Site, where the fight over the State of Franklin erupted into battle.