Consider the Constitution – Details, episodes & analysis

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

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

The Reconstruction era following the American Civil War sought to redefine the place of newly freed African Americans in society and align Constitutional promises with reality.  History Professor Hasan Kwame Jeffries of The Ohio State University joins host Dr. Katie Crawford-Lackey to discuss contested visions for post-war America among different groups, the impact of the 13th, 14th, and 15th Amendments, and efforts to disenfranchise Black voters despite Constitutional protections.

Dr. Jeffries provides historical context on how progress made during Reconstruction was systematically undermined and discusses the tensions between the letter and spirit of Constitutional amendments. 

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

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

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

In this episode of Consider the Constitution, recorded close to the 2024 Juneteenth federal holiday commemorating the end of slavery, host Dr. Katie Crawford-Lackey interviews Dr. DeAnza Cook about the Reconstruction Amendments (13th, 14th, and 15th) and their impact on the American justice system. Dr. Cook explains how the 13th Amendment abolished slavery but left a loophole allowing involuntary servitude as punishment for a crime. This led to the disproportionate criminalization and incarceration of Black Americans during the Reconstruction era and beyond.

The 14th and 15th Amendments aimed to address citizenship and voting rights for African Americans, but racial discrimination persisted. Black activists leveraged these amendments to challenge racist policing and punishment practices through the courts, protests, and self-defense. However, mass incarceration, which began in the late 20th century, continues to disproportionately affect people of color.

Dr. Cook introduces the concept of "abolition democracy," which argues that the abolition of slavery was not enough to secure the rights and freedoms promised to Black Americans. She emphasizes the importance of restoring voting rights for those serving felony convictions and addressing de facto disenfranchisement in jails.

The episode underscores the ongoing struggle for equal protection under the law and the need for collective action to pursue a more just and inclusive democracy, particularly as we reflect on the significance of Juneteenth.

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

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

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