Marbury v. Madison is a landmark Supreme Court case that we all learned in U.S. History class established the principle of judicial review. Our guest today, Dr. Josh Dunn, takes a slightly different view. Join us as we continue our series on the Constitution’s checks and balances and dive deeper into Marbury v. Madison and the concept of judicial review. Dr. Dunn is Professor and Executive Director of the Institute of American Civics at the Baker School of Public Affairs and Public Policy at the University of Tennessee.

The United States military, while not the largest by number of enlisted members, is unmatched with its number of ships, planes and tanks.  The Founders divided control of the military in quite a genius way.  Some power rests with Congress and some rests with the President as the military’s commander-in-chief.  Why did the Founders want military power to rest with civilians?  How does this protect natural rights?   To discuss the checks and balances in control of the extraordinary power of our military, we are delighted to welcome Mackubin (Mac) T. Owens to our podcast this week. Dr. Owens is a retired Marine Corps Colonel and Silver Star recipient for service during the Vietnam War, past dean of academic affairs at the Institute of World Politics and senior fellow at the Foreign Policy Research Institute.

Any amendment to the U.S. Constitution has two paths to be proposed to the states for ratification. One is the well-known path: a 2/3 vote in both houses of Congress. Article V of the Constitution also dictates how potential amendments can be proposed to the states for ratification by a Convention of States.  Could a Convention of States actually happen? This week’s guest says it can and will! To walk us through this process, we are pleased to welcome Gary Porter, Executive Director of the Constitution Leadership Initiative.  Gary recently led the Virginia Delegation in a 2023 Convention of States Simulation held in Williamsburg.

Here’s an interesting point to ponder: we think of the veto power as a presidential power but the power is found in Article I, Section VII, which we know creates Congress.  This means the Founders intended the veto process to be every bit a part of the legislative process as well as an executive power.  Why did they do this?  What “grievance” found in the Declaration of Independence was the veto and veto override intended to rectify?  What is the mechanism and process through which a veto takes place and how can a bill become law even if vetoed by the President?  Our special guest today to discuss this powerful tool is Alex E. HIndman, Assistant Professor of Political Science at the College of the Holy Cross in Worcester, Massachusetts. 

The United States has the oldest written constitution still in use than any other country.  This stability is due in part to mechanisms buil in that protect our freedom. One such mechanism is the amendment process.  What are the two paths for an amendment to come to pass and why did the Founding Fathers include this process when drafting the Constitution?  To answer these questions, we are pleased to welcome William Reddinger.  Dr. Reddinger is an associate professor at Regent University and Director of the Lincoln Program in America’s Founding Principles.

In Federalist 30, published in 1787, Alexander Hamilton explains the separation of powers as the executive branch having the power of the sword and the legislative branch having the power of the purse.  A functioning government needs to be able to enforce law and wage but also has to be able to raise and spend appropriate money.  This creates an incredibly effective check on both of those branches as one cannot function without the other.  To dive further into this special governmental check we are pleased to welcome back last week’s guest Dr. Jon Schaff, Professor of Government/Director of the Center for Public History and Civic Engagement at Northern University in South Dakota.

Article II, Section II of the United States Constitution grants numerous powers to the presidency. However, Clause II dictates the President must have the advice and consent of the United States Senate in order to exercise these powers.  What does this mean and what is the nomination and confirmation process between these two branches of government?  When specifically must the President consult with the Senate on nominations?  For whom in the executive branch does this apply and for whom does it not?  To shed light on this very important power, we are pleased to welcome Dr. Jon Schaff, Professor of Government/Director of the Center for Public History and Civic Engagement at Northern University in South Dakota.

The United States Constitution is efficient in its division of power between the three branches of government.  Articles I, II and III create the Legislative, Executive and Judicial branches, respectively.  Within Article II, Section II gives the President certain powers to function as our chief diplomat with other countries.  Just what are these powers?  What is the check on this power from the other branches?  What is a treaty, and what is the difference between treaties and executive orders?  To guide our discussion on Article II, Section II, Clause II we are delighted to welcome Dr. Heather Yates as our guest this week.  Dr. Yates is a professor of American politics.

The Founders knew what they did not want our new government to be.  Thomas Jefferson so eloquently made the argument to break away from one form while laying the groundwork for our next form of government.  Then James Madison completed that groundwork in the text of Constitution.  What do we mean by this?  The Declaration spoke of unalienable rights, and declared the purpose of government instituted by man is to secure these rights.  The Constitution then completes those thoughts by limiting the power any one person or branch of government can have by instituting checks and balances of each branch of government on the others..  To further expound on this magnificent structure protecting our freedoms, we are thrilled to welcome back our good friend, Adam Carrington, Associate Professor and Co-Director of the Ashbrook Center at Ashland University.

Why do we consider the founding of this country to be such a momentous event that changed the trajectory of world history?  Think about this: governments had risen and fallen from power for millennia before our country’s birth.  What was the one big idea that made our founding so unique and its effects long-lasting?  To answer this lofty question, we are thrilled to have a leading American scholar as our guest today.  Dr. Samuel Postell is Assistant Director of the Lyceum Scholars Program at Clemson University and will expand upon the origins of checks and balances in our U. S. Constitution and what inspired the founders!