Dr. Lindsay Chervinsky and Clay Jenkinson discuss the Fourteenth Amendment to the United States Constitution.
#1509 A Constitution for the Living with Beau Breslin
Clay Jenkinson speaks with Beau Breslin, author of A Constitution for the Living: Imagining How Five Generations of Americans Would Rewrite the Nation's Fundamental Law. The book examines an idea that Jefferson shared with James Madison in 1789: "What would America's Constitutions have looked like if each generation wrote its own?"
#1467 Majority Rule with Lindsay Chervinsky
We welcome back Dr. Lindsay M. Chervinsky to discuss her recent post "How Did the Senate End Up With Supermajority Gridlock?" She and Clay talk about the filibuster and congressional gridlock which they both feel is the product of decades of legislative machinations and not what the Constitution, nor the framers, intended.
#1459 Madison’s Journals
When reading Thomas Jefferson’s correspondence, one often sees examples of his belief that the less government, the better. In this week's episode, President Thomas Jefferson discusses the writing of the Constitution and comments on The Journal of the Federal Convention by James Madison. Jefferson wrote, "it may be proved that no society can make a perpetual constitution, or even a perpetual law. The earth belongs always to the living generation."
#1403 Power and Dissent
We speak with President Thomas Jefferson (as portrayed by humanities scholar Clay S. Jenkinson) this week about public dissent and the powers of the presidency. Jefferson has a great deal to say about the right to dissent and to protest. He is famous for saying, “I hold it that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical.” In 1785, in his Notes of the State of Virginia, Jefferson wrote, ”The time to guard against corruption and tyranny, is before they shall have gotten hold of us. It is better to keep the wolf out of the fold, than to trust to drawing his teeth and talons after he shall have entered.”
Rewriting the Constitution
#1369 Four Scholars
"I take absolutely no joy in any of this. This is a national catastrophe, a tragedy." — Clay S. Jenkinson
On December 4, 2019, four constitutional scholars gathered to testify before the U.S. House Judiciary Committee in public hearings. This week in an out of character program we listen to selected portions of that testimony. Clay Jenkinson responds and provides his unique insight.
#1363 The Social Contract
"Average people have a voice, and often left important records that we have systematically ignored until very recently."
— Clay S. Jenkinson
President Thomas Jefferson speaks about the formation of the government of the United States. Jefferson explains the social contract theory that when you are alone, you are sovereign, and when you join with others you have to negotiate what is for the commonwealth, and negotiate what natural rights you get to keep after adjustment by the government.
The Republic on the Brink of Collapse
The words constitutional crisis are thrown about too often, but I must tell you we are in one now. The Trump White House has said it will not comply with the House of Representatives impeachment investigation. What if the Senate removes the last guardrail—legal eviction—and the President realizes that there is no further check on his behavior?
#1361 Constitution in Crisis
We speak with President Jefferson about the role of government in the oversight of elected officials. He tells us that because of the times they lived in, the founding fathers had great concerns about foreign involvement and influence on our government, and accordingly provided a mechanism to protect against it: impeachment.
Presidential Indictments
Presidential Powers
#1333 The Constitution Today
"I don't think, from my point of view, you can think that the Constitution is sacred."
— Clay S. Jenkinson
We discuss Akhil Reed Amar's The Constitution Today, a selection for the Book Club, which contains essays written by Amar over the past two decades. Amar gives us a road map for thinking constitutionally about today’s America.
Ne Plus Ultra
#1330 Wilderness and War
"This book reveals [Washington] as a man of emotion, raw emotion."
— Clay S. Jenkinson
In anticipation of our conversation next week with Peter Stark, the author of Young Washington, we speak with Jefferson about our first president. Jefferson also comments on the time change, and the importance of using available daylight.
Balanced Budget
#1329 Laboratories of Democracy
"I am a loyal, proud, cheerleading sort of North Dakotan."
— Clay S. Jenkinson
A listener in Texas admonishes Clay for offering to give up a North Dakota senate seat, and we take questions about the Fourteenth Amendment. Our constitutional discussions continue by reading additional correspondence from listeners.
#1328 Constitutional Correspondence
#1327 Complex Compromises
We Can Fix This Broken System
The American people regard the US Constitution as a sacred document—even though Jefferson specifically asked us not to—and historically we have been very reluctant to tamper with it. Too bad, because it is badly in need of fundamental revision. Our Constitutional order has broken down. After years of thinking about this, I offer the following amendments.