Consider the Constitution

The Robert H. Smith Center for the Constitution

Consider the Constitution is a podcast from the Robert H. Smith Center for the Constitution at James Madison's Montpelier. The show provides insight into constitutional issues that directly affect every American. Hosted by Dr. Katie Crawford-Lackey the podcast features interviews with constitutional scholars, policy and subject matter experts, heritage professionals, and legal practitioners.

  1. 2d ago

    You Can’t Defer the Maintenance on the Republic

    The Constitution created a government. It did not create citizens. Once it took effect, Americans had to figure out what people needed to know to govern themselves, and who should get the chance to learn it. Again and again, their answer was education. Host Dr. Katie Crawford-Lackey talks with Dr. Mark Boonshoft, associate professor of history at Virginia Military Institute, where he directs the constitutional history program, and author of Aristocratic Education and the Making of the American Republic. They look at why the founding generation worried so much about schooling: Benjamin Rush’s call to turn students into “republican machines,” fears about young Americans studying abroad, and a national university that the first six presidents wanted and never got. Boonshoft also takes up the harder side of the story. Jefferson and Madison built the University of Virginia while the state’s common schools went without. The founders’ “aristocracy of merit” often kept power with the same people who held it before. And free Black communities who invested in schools saw their voting rights cut anyway. New York dropped the property requirement for white voters in 1821 and raised it for Black voters. Finally, what cadets at VMI learn from constitutional history: that citizens drive constitutional change, and that the Constitution is something built and kept up, not just read. As Boonshoft puts it, you can’t defer the maintenance on the republic.

  2. Sep 23

    The Declaration Is Our Inheritance

    The Declaration of Independence announced more than a separation from Britain. It made a claim about government itself: that people hold rights government did not grant and cannot take away, and that legitimate power rests on the consent of the governed. Those ideas were unprecedented in 1776. Two hundred fifty years later, they are still unfinished business. Judge Douglas Ginsburg joins Katie Crawford-Lackey to consider what the Declaration has meant at home and abroad. He served on the U.S. Court of Appeals for the D.C. Circuit, including a term as chief judge, and hosted the PBS series A More or Less Perfect Union and We Hold These Truths. They trace the document's reach: more than a hundred national founding texts that reference it, the French Declaration of the Rights of Man, drafted by Lafayette with Jefferson at his elbow, Ho Chi Minh quoting it word for word. And they trace its use here — Seneca Falls, Frederick Douglass, Martin Luther King Jr. calling it a promissory note come due. Ginsburg also takes up the harder questions. How a document proclaiming equality emerged from a society built on slavery. Why "life, liberty, and the pursuit of happiness" replaced "property." Whether the Declaration carries legal weight today, and what it would mean for courts to start from a presumption of liberty rather than a presumption that the government is right. The Declaration, he argues, is a yardstick, not a finish line. Every generation has to pick it up again.

  3. Jul 29

    The Man Behind "We the People": Recovering James Wilson

    The three most famous words in American government — We the People — were written by a founder most Americans have never heard of. Host Dr. Katie Crawford-Lackey sits down with author and journalist Jesse Wegman to recover the story of James Wilson: a Scottish immigrant who arrived in 1765, signed both the Declaration of Independence and the Constitution, drafted the Constitution's opening words, and sat on the first Supreme Court — then vanished almost entirely from national memory. Wegman's new book, The Lost Founder: James Wilson and the Forgotten Fight for a People's Constitution, is the first full-length biography of Wilson in more than seventy years. Wilson was the convention's fiercest advocate for popular sovereignty. He pushed for proportional representation, one-person, one-vote, and the direct election of the president — positions bold enough to unsettle many of his peers. We owe to him not only We the People but the Necessary and Proper Clause and the Supremacy Clause, the architecture of a strong national government. His 1768 essay on parliamentary authority reached Thomas Jefferson's desk and echoes in the Declaration itself. His end was as dramatic as his rise. A ruinous addiction to land speculation left Wilson holding four million acres he could not pay for. He was jailed twice for debt — the only Supreme Court justice ever imprisoned — and died in 1798 in the back room of a North Carolina tavern, delirious and destitute, with no funeral and scarcely a mention. Wegman explains why Wilson's ideas about equality and self-government still matter, and what we lose when the stories we tell about the founding get too simple.

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About

Consider the Constitution is a podcast from the Robert H. Smith Center for the Constitution at James Madison's Montpelier. The show provides insight into constitutional issues that directly affect every American. Hosted by Dr. Katie Crawford-Lackey the podcast features interviews with constitutional scholars, policy and subject matter experts, heritage professionals, and legal practitioners.

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