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Consider the Constitution

Consider the Constitution

Written by: The Robert H. Smith Center for the Constitution
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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.

© 2026 Consider the Constitution
Political Science Politics & Government World
Episodes
  • The Unfinished Constitution
    Oct 7 2026

    The Constitution began as an experiment. Once it took effect, Americans had to figure out what it actually meant. They did not agree.

    Host Dr. Katie Crawford-Lackey talks with Dr. Jonathan Gienapp, professor of history and law at Stanford University and author of The Second Creation and Against Constitutional Originalism. They look at what the word "constitution" meant in 1787, why Madison saw the Articles of Confederation as a treaty rather than a true constitution, and how the First Federal Congress wrestled with questions the document left open: who can remove executive officers, a question the Supreme Court took up again in 2026, and whether Congress could charter a national bank.

    They also take on the "James Madison problem." Did Madison flip-flop in the 1790s, or did he refine his views through experience? And Gienapp offers advice for anyone who looks to the founders for answers today: assume less, not more.

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    36 mins
  • The Declaration Is Our Inheritance
    Sep 23 2026

    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.

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    24 mins
  • You Compromise on Politics, Not on Principles
    Sep 9 2026

    We know James Madison the thinker. The architect of the Constitution. The author of the Bill of Rights. But Madison was also a working politician — and a very good one.

    Dr. Matthew Goetz, senior historian at the White House Historical Association, joins Katie Crawford-Lackey to look at the side of Madison we tend to skip. With Jefferson, he built the country's first political party and its first partisan newspaper — then wrote attacks on the Washington administration under a pen name and admitted he found the work grating.

    Goetz also makes the case for Madison's most overlooked chapter: the War of 1812. The first wartime president in American history never passed a sedition law, never arrested a newspaper editor, and never considered postponing the election. You compromise on politics, he believed. Not on principles.

    Along the way: a weasel, a mole, and a set of measurements sent to Paris. A deathbed offer Madison turned down. And why the messiest parts of American politics may be exactly what makes the system work.

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    34 mins
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