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. 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.

  2. 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.

  3. Jul 1

    Becoming Madison

    We know James Madison as the Father of the Constitution. But who was he before that? In this special episode, Dr. Katie Crawford Lackey takes the guest seat to explore the formative years that made Madison who he is. At 25, Madison was the youngest major figure of the founding era — small, sickly, quiet, and easy to overlook. He never commanded armies or delivered rousing speeches. What he had were ideas, and a framework for thinking about power, human nature, and government that no one else in the room quite possessed. Where did that framework come from? The answer lies in three Scottish Enlightenment-influenced teachers, a frontier Virginia upbringing, and an unconventional choice to attend the College of New Jersey — the institution we know today as Princeton — rather than William and Mary, where every other wealthy Virginia man of his generation enrolled. Dr. Crawford-Lackey traces Madison's intellectual development from the schoolroom of Donald Robertson, where a 70-mile horseback journey opened a young boy's mind to Locke, Milton, and Montesquieu, through his years under John Witherspoon at Princeton — where he experienced the Boston Massacre and the Boston Tea Party not as distant news, but as live confirmation of everything the Scottish Enlightenment had taught him about human passion and the limits of reason. Madison wasn't born a Founding Father. He was made — by a rigorous education, a world in crisis, and the hardest question anyone could ask on the eve of a revolution: What kind of people is government meant to govern? The answer he arrived at still shapes American democracy today.

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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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