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Our Constitution

A Government podcast

#190 in Government · 🇮🇳
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About the show

Unlock the history and meaning of the Constitution. Tailored for non-lawyers, the official podcast of the Constitution Annotated website from the Library of Congress provides an objective look at America’s charter and how it has been interpreted over time. The podcast embraces a unique documentary style that uses audio clips, including statements by Supreme Court Justices, to support its authoritative, objective and non-partisan analysis.

Newest episodes

Declaration of Independence: The King Treats the Colonists’ Petitions with Contempt

20 min

This is the twenty-first episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. After listing the twenty-seven grievances, the Declaration of Independence faults King George III for treating the colonists’ petitions for redress with contempt. Consequently, the Declaration of Independence explains, the colonies have exhausted their options to reconcile with Great Britain and are declaring independence. Underscoring the importance of the right to petition the government to a free country, the First Congress included the right as one of the fundamental freedoms protected by the First Amendment when it submitted the Bill of Rights to the states for ratification.

Declaration of Independence (Grievance 27): The King Enlists Enslaved Persons and Native Americans to Fight the Colonists

22 min

This is the twentieth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. While much of the Declaration is framed in elevated, universal language, the 27th grievance addresses slave revolts and warfare by Native Americans tribes in way that reflects prejudices and fears of the founding era. This episode places this grievance in its historical context and examines its relationship to the Constitution’s treatment of African Americans and Native Americans when it was drafted in 1787.

Declaration of Independence (Grievances 23-26): The King Wages War on Colonists

37 min

This is the nineteenth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. This episode examines the 23rd through 26th grievances, which accuse King George III of abdicating government in America by declaring the colonists outside his protection and waging war against them. Collectively, these grievances reflect the view that it was the Crown, not revolutionary Americans, that had severed the bonds between Britain and the colonies. This episode examines the nature of allegiance under the Constitution as well as the duty of the federal government to protect the states and how power over the military is divided between the legislative and executive branches of government.

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All episodes

Declaration of Independence: The King Treats the Colonists’ Petitions with Contempt

20 min

This is the twenty-first episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. After listing the twenty-seven grievances, the Declaration of Independence faults King George III for treating the colonists’ petitions for redress with contempt. Consequently, the Declaration of Independence explains, the colonies have exhausted their options to reconcile with Great Britain and are declaring independence. Underscoring the importance of the right to petition the government to a free country, the First Congress included the right as one of the fundamental freedoms protected by the First Amendment when it submitted the Bill of Rights to the states for ratification.

Declaration of Independence (Grievance 27): The King Enlists Enslaved Persons and Native Americans to Fight the Colonists

22 min

This is the twentieth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. While much of the Declaration is framed in elevated, universal language, the 27th grievance addresses slave revolts and warfare by Native Americans tribes in way that reflects prejudices and fears of the founding era. This episode places this grievance in its historical context and examines its relationship to the Constitution’s treatment of African Americans and Native Americans when it was drafted in 1787.

Declaration of Independence (Grievances 23-26): The King Wages War on Colonists

37 min

This is the nineteenth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. This episode examines the 23rd through 26th grievances, which accuse King George III of abdicating government in America by declaring the colonists outside his protection and waging war against them. Collectively, these grievances reflect the view that it was the Crown, not revolutionary Americans, that had severed the bonds between Britain and the colonies. This episode examines the nature of allegiance under the Constitution as well as the duty of the federal government to protect the states and how power over the military is divided between the legislative and executive branches of government.

Declaration of Independence (Grievance 22): The King Approves Suspending Colonial Legislatures

25 min

This is the eighteenth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. Grievance 22 charges that the King and Parliament have not just suspended colonial legislatures but have also claimed absolute power to make laws for the colonies, even with respect to local matters. This episode addresses Parliament exercising its authority to suspend colonial legislatures; the role of the Declaratory Act of 1766 and the New York Restraining Act of 1767; and various ways that the Constitution protects state autonomy.

Declaration of Independence (Grievance 21): The King Approves Rewriting Colonial Charters

33 min

This is the seventeenth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. Grievance 21 accuses the King and Parliament of abolishing colonial charters, which were the colonies’ fundamental laws that established the terms under which they operated. This included Parliament’s passage of the Massachusetts Government Act in 1774 in response to the Boston Tea Party, which replaced critical provisions of Massachusetts’s Charter of 1691 in order to increase the King’s authority over the colony. This episode explores the various ways in which the Constitution’s Framers protected state governments from federal encroachment, including Article V of the Constitution, which bars amendments that would abolish equal state suffrage in the Senate.

Declaration of Independence (Grievance 20): The King Approves the Quebec Act

16 min

This is the sixteenth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. The 1774 Quebec Act established a new form of provincial government in Quebec without locally elected assemblies and expanded the province’s territory into land the colonists hoped to settle. This episode explores the influence of the Declaration’s twentieth grievance, which describes these changes as a dangerous example of arbitrary rule that could spread to the thirteen colonies and how the Constitution counteracts the danger of government overreach and arbitrary action.

Declaration of Independence (Grievances 18 and 19): The King Deprives Colonists of Trial by Jury

37 min

This is the fifteenth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. Grievances 18 and 19 charge the King with denying colonists the right to a local trial heard by a jury of their peers. Although the jury was a fixture of English justice, the power of colonial juries to acquit defendants stoked fears in Great Britain that colonial lawbreaking would go unpunished. These fears culminated in Parliament’s passage of several laws that made it easier to try colonists without a jury, and, in some cases, allowed British authorities to try colonists in England. This episode discusses the role of the colonial jury and how Parliament’s attempts to disempower the jury invigorated the right to a jury trial in the Constitution and the Bill of Rights.

Declaration of Independence (Grievance 17): The King Taxes Colonists Without Their Consent

50 min

This is the fourteenth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. Grievance 17, which charged the King and Parliament with imposing taxes on the colonists’ without their consent, is often given as the primary reason for the American Revolution. Chief among the British taxes that fueled the American Revolution were the Sugar Act of 1764, the Stamp Act of 1765, and the Revenue Act of 1767. In granting the national government’s taxing authority to Congress, the Framers ensured that taxes would reflect the will of the people and linked a state’s responsibility for paying direct taxes to the size of the state’s representation in Congress so that poor states with large populations could not shift the burden of direct taxes to wealthy states with small populations.

Declaration of Independence (Grievance 16): The King Cuts Off Colonial Trade

52 min

This is the thirteenth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. In late December 1775, Parliament passed the Prohibitory Act, which barred “all manner of trade and commerce” with the colonies during the “continuance of the present Rebellion.” The act provided that all ships of the colonies or ships of other countries attempting to trade with the colonies along with their cargoes would be subject to forfeiture to the King “as if the same were the ships and effects of open enemies.” This episode explores Grievance 16 and how the Framers’ experiences with the Prohibitory Act and other restrictions on colonial trade contributed to provisions of the Constitution that facilitate American trade, including by providing Congress with exclusive or plenary authority over commerce among the states.

Declaration of Independence (Grievance 15): The King Approves the Murder Act

37 min

This is the twelfth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. Grievance 15 addresses Parliament’s 1774 Administration of Justice Act, which authorized the Massachusetts governor (or lieutenant-governor in his place) to move capital trials of British officials, and those working at their direction, to England. Enacted in response to the Boston Tea Party, the Act reflected Parliament’s increasing concern about colonial hostility to British civil and military personnel stationed in Massachusetts. This episode explores how our Constitution addresses federal and state court jurisdiction over crimes.

Declaration of Independence (Grievance 13): The King Imposes Parliament’s Illegitimate Laws on the Colonies

46 min

This is the eleventh episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. Thomas Jefferson attributes seventeen of the grievances in the Declaration of Independence to King George III exclusively, and ten to King George and Parliament. The first of these ten, Grievance 13, charges that Parliament, which Jefferson refers to as the “others,” has no authority over the colonies. Consequently, the King’s implementation of Parliament’s laws in the colonies is an act of tyranny. The Framers of the Constitution debated the extent to which the British Parliament should serve as a model for the new Congress and avoided Parliament’s problems of virtual representation and rotten boroughs by providing under the Constitution for a census and redistricting every ten years.

Declaration of Independence (Grievance 12): The King Imposes Martial Law

21 min

This is the tenth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. After General Thomas Gage, the commander of British forces in North America, was appointed royal governor of Massachusetts and placed Boston under martial law, many Americans believed that the Crown had upended the proper structure of government by making military authorities superior to civil officials. This episode explores the intellectual and historical roots of Grievance 12 and its role in shaping America’s later constitutional structure.

Declaration of Independence (Grievances 11 and 14): The King Stations Troops in Colonial Cities

18 min

This is the ninth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. In colonial America, peacetime standing armies were often viewed as tools that monarchs could use to wield power over the populace rather than protect the people’s security. This episode examines the source of that view; Grievances 11 and 14, which alleged that the King kept armies in places in Boston and quartered troops among the civilian population; and the influence of these experiences on the Constitution.

Declaration of Independence (Grievance 10): The King’s Officials Abuse the Colonists, Part Two

36 min

This is the eighth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. This episode further explores the Declaration’s tenth grievance by examining how the King’s officials allegedly deprived the colonists of their rights as Englishmen in their efforts to enforce the Navigation Acts. These experiences, which included the crown’s prosecution of John Hancock, resulted in the Fourth Amendment’s prohibition against warrantless searches, the Fifth Amendment’s right to indictment by a grand jury, and other protections for criminal defendants under the Constitution.

Declaration of Independence (Grievance 10): The King’s Officials Abuse the Colonists, Part One

38 min

This is the seventh episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. This episode addresses the Declaration’s tenth grievance that British customs officers and other royal officials often acted arbitrarily or used their powers to harass and abuse colonists. Among other things, the episode examines colonist James Otis’s argument that British law allowing warrantless searches in the colonies should be void because such searches violate natural rights and rights protected by the British constitution. While Otis lost his case, his argument is reflected in the Constitution’s recognition of two tiers of law—the Constitution and laws Congress adopts pursuant to the Constitution. As a consequence, laws that would override the Constitution, including the fundamental rights enshrined in it, can only be adopted by amending the Constitution.

Declaration of Independence (Grievance 9): The King Exerts Power over Colonial Judges

25 min

This is the sixth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. Grievance 9 in the Declaration blames the King for making colonial judges “dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.” This episode discusses the relationship between the King and colonial judges and how the founding Americans sought to protect judicial independence in the new United States.

Declaration of Independence (Grievance 8): The King Blocks Colonial Courts

29 min

This is the fifth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. This episode addresses the Declaration’s eighth grievance that King George III refused his assent to laws that provided for colonial courts. The episode discusses how colonial courts evolved, including how disagreement between King George III and North Carolina over foreign attachment led to North Carolina being without courts for several years. The episode further discusses how these experiences later influenced the Constitution.

Declaration of Independence (Grievance 7): The King Prevents the Colonies from Growing

16 min

This is the fourth episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. This episode addresses the Declaration’s seventh grievance that King George III prohibited the colonies from growing in population and territory. The episode examines how the colonies departed from English restrictions on naturalization, immigration, and territorial growth, and it discusses how these experiences later influenced the Constitution.

Declaration of Independence (Grievances 1 & 2): The King Blocks Colonial Laws

31 min

This is the first episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III and how these grievances shaped the Constitution. Grievances 1 and 2 address the King’s power to negative (or veto) colonial laws or suspend such laws pending a decision on whether to approve them. In addition to providing background on the grievances, the episode examines how the grievances informed the Framers of the Constitution during the Convention. In particular, the episode explores the Framers’ consideration of whether to allow Congress a similar power to negative state laws; the development of the Supremacy Clause as an alternative to a congressional negative; and the President’s power to veto laws passed by Congress.

Declaration of Independence (Grievances 3 & 4): The King Interferes with Colonial Legislatures

20 min

This is the second episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. Grievances 3 and 4 address the King’s interference with colonial legislatures’ ability to create legislative districts to accommodate new settlers and the King’s convening of colonial assemblies in unusual places as a means of coercing them to comply with his orders In addition to providing background on the grievances, the episode examines how they may have influenced the Framers when they drafted the Constitution at the Federal Convention in 1787. In particular, the episode considers how the Framers sought to prevent the federal government from interfering with state legislatures’ work and discusses how the Framers attempted to prevent the President from interfering with Congress’s work.

Declaration of Independence (Grievances 5 & 6): The King Dissolves Colonial Legislatures

18 min

This is the third episode in a podcast series celebrating the 250th anniversary of the Declaration of Independence by exploring the colonies’ grievances against King George III. Grievances 5 and 6 address the King’s dissolution of colonial assemblies and his refusal to cause new assemblies to be elected. In addition to providing background on the grievances, the episode examines how they may have influenced the Framers when they drafted the Constitution at the Federal Convention in 1787. In particular, the episode considers how the Framers sought to prevent the federal government from interfering with state legislatures’ work and sought to prevent the President from interfering with Congress’s work.

The Eighteenth Amendment and Prohibition Part I

15 min

From January 1920 to December 1933, the Eighteenth Amendment prohibited the manufacture, sale, or transportation of alcoholic beverages within the United States. Studying nationwide Prohibition can inform an understanding of how the Supreme Court has interpreted the scope of Congress’s power to regulate commerce over time; how difficult it can be for the federal government to regulate individual social habits and moral choices; and how the Supreme Court’s Fourth Amendment jurisprudence evolved in response to enforcement techniques that federal or state authorities employed to investigate violations of Prohibition, such as warrantless wiretapping of telephone lines. Part I of this two-part series discusses historical events leading up to the Eighteenth Amendment’s proposal in Congress, including the temperance movement and early state prohibition laws.

The Eighteenth Amendment and Prohibition Part II

14 min

From January 1920 to December 1933, the Eighteenth Amendment prohibited the manufacture, sale, or transportation of alcoholic beverages within the United States. Studying nationwide Prohibition can inform an understanding of how the Supreme Court has interpreted the scope of Congress’s power to regulate commerce over time; how difficult it can be for the federal government to regulate individual social habits and moral choices; and how the Supreme Court’s Fourth Amendment jurisprudence evolved in response to enforcement techniques that federal or state authorities employed to investigate violations of Prohibition, such as warrantless wiretapping of telephone lines. Part II of this two-part series examines congressional debates over the Eighteenth Amendment, relevant Supreme Court decisions, and the Twenty-First Amendment’s repeal of Prohibition.

The Life and Legal Legacy of Justice Sandra Day O’Connor

28 min

On December 1, 2023, Justice Sandra Day O’Connor passed away at the age of 93. O’Connor served as the first female Supreme Court Justice from 1981 to 2006. She was known for her role in landmark Supreme Court decisions on abortion rights, affirmative action, federalism, the First Amendment, and many other issues. This podcast episode examines Justice O’Connor’s life and some of the highlights from her tenure as an Associate Justice of the Supreme Court.

The Nineteenth Amendment and Women’s Citizenship

24 min

For more than a century after the Constitution’s ratification, many states prohibited female citizens of the United States from voting in federal or state elections. Ratified in 1920, the Nineteenth Amendment prohibits the federal and state governments from denying or abridging a U.S. citizen’s right to vote on the basis of sex, thereby recognizing women’s suffrage—in other words, a woman’s right to vote. This podcast episode will explore the evolution of the women’s suffrage movement in the United States and the events leading up to the Nineteenth Amendment’s ratification. It also discusses the ways in which the Amendment continues to have a lasting impact throughout society.

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