Constitutionally Speaking

By National ReviewEducation Government History Courses

Constitutionally Speaking episodes

August 12, 2021 Episode 67: From Ratification to Reconstruction
Luke and Jay talk through the early development of Congressional power, the appearance of the committee system, and how the formation of political parties shaped the rules, habits, and customs of Congress.
1 hr 1 min
August 05, 2021 Episode 66: The Constitutional Congress
Jay and Luke take a look at the formal structures and rules that govern Congress in the Constitution. Why does each Chamber get to set its own rules? What's the deal with judging qualifications? Why do we have a Speech and Debate Clause? Each of these provisions came to be in the constitution thanks to a rich combination of history, political theory, practical experience, and luck. Join the guys as they show how the Framers took the eclectic mixture of history and ideas outlined in the last episode and turned it into a set of concrete institutional rules and constraints.
2 hr 2 min
July 29, 2021 Episode 65: A Deep Dive on Congress
Jay and Luke are back, this time to discuss the roots of our modern-day Congress.
1 hr 13 min
June 18, 2020 Episode 64: Van Buren II and Tyler Too [Part 2]
Picking up with Martin Van Buren in Jackson's cabinet, Jay and Luke trace the Little Magicians rise to the vice presidency, his political knife fighting with John C. Calhoun, and his successful introduction of the party convention system. His presidency, bedeviled by the Panic of 1837 at home and trouble abroad with Britain and Mexico, gave rise to the hotly contested election of 1840 that saw the Whigs get organized and the ticket of William Henry Harrison and John Tyler take the White House. We move quickly through Tyler's presidency (after Harrison's death thanks to an inaugural address given in freezing rain) and see Van Buren aim for and nearly win the Democratic Party nomination in 1844. We look at his work forming the Free Soil Party, his increasing hostility to slavery, and his failure to defeat the rise of the slaveocracy within the Democratic Party. In the end, Van Buren remains one of the most consequential figures of his age, and deserves far more attention from the history books than he has received.
1 hr 32 min
July 14, 2018 Ep. 26: The Price of Greatness, Part 3
In this episode, Jay and Luke finish their discussion of Jay's new book, The Price of Greatness: Alexander Hamilton, James Madison, and the Creation of American Oligarchy. They focus on politics and policy during the Age of Jefferson and beyond.

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2 hr
June 24, 2018 Ep. 25: The Price of Greatness, Part 2
In this episode of Constitutionally Speaking, Jay and Luke continue their discussion of Jay's new book, The Price of Greatness: Alexander Hamilton, James Madison, and the Creation of American Oligarchy. Here, we see that Madison and Hamilton began to diverge over big policy ideas. Hamilton believed that his economic program was necessary for the prosperity, and ultimately the national security of the country. Madison, on the other hand, reckoned that Hamilton's system was too favorable in how it treated the wealthy, and also worried that it facilitated political corruption.

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1 hr 19 min
June 04, 2018 Ep. 24: The Price of Greatness, Part One
In this episode of Constitutionally Speaking, Jay and Luke discuss Jay's new book, The Price of Greatness: Alexander Hamilton, James Madison, and the Creation of American Oligarchy. Jay's book focuses on why these two great founding fathers and onetime allies became political enemies. He argues that it was because while they agreed on what was wrong with the Articles of Confederation, they had vast views of what should come next. Hamilton's financial system was an ingenious way to spur national development, but it violated Madison's conception of how a republic should function.
Recommended Readings:

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1 hr 10 min
May 28, 2018 Ep. 23: 1789
In this episode of Constitutionally Speaking, Jay and Luke examine the first session of the First Congress, which met from the spring through the fall of 1789. One of the most productive legislative assemblies in American history, this session submitted the Bill of Rights to the states, created the first national tax, established the major cabinet departments, and began to set up the judiciary. At this early stage of the government, James Madison emerged as the key agent in Congress. While there is a broad consensus in favor of Federalism at this point, there are early indications of the coming ideological divisions that would define the 1790s.
Recommended Readings:

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1 hr 30 min
April 19, 2018 Ep. 21: Ratification, Part 4: Virginia and New York
In this episode of Constitutionally Speaking, Jay and Luke finish their discussion of the ratification debates with a look at Virginia and New York. Two of the most important states in the union, the Old Dominion and the Empire State were hardly enthusiastic supporters of the Constitution. In Virginia, major political figures like Richard Henry Lee, George Mason, and Patrick Henry opposed it, while the delegates at the convention were closely divided. In New York, Governor George Clinton and his political allies staunchly opposed it, and the ratification convention was dominated by Anti-Federalists. Ultimately, James Madison outmatched Henry in the Virginia convention in June 1788, narrowly securing ratification, which put enough pressure on New York to accede to the new government in July.
Recommended Readings:
George Mason, "Objections to the Constitution"
Virginia Ratifying Convention, "Proposed Amendments to the Constitution"
James Madison to Alexander Hamilton, July 20, 1788

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1 hr 6 min
March 30, 2018 Ep. 20: Ratification, Part 3: New Hampshire, North Carolina, and Rhode Island

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In this week's episode of Constitutionally Speaking, Jay and Luke continue their discussion of ratification. First up, New Hampshire, the ninth state to ratify the Constitution, thereby making it the law of the land. But the Granite State only ratified after a substantial delay, so delegates could persuade their constituents to support it. North Carolina and Rhode Island held out until after the government already came into operation, with the latter state waiting until threat of extreme penalties from the federal government.
Recommended Readings:

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1 hr 20 min