Consider the Constitution
The Robert H. Smith Center for the Constitution

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- The Constitution created a government. It did not create citizens. Once it took effect, Americans had to figure out what people needed to know to govern themselves, and who should get the chance to learn it. Again and again, their answer was education.
Host Dr. Katie Crawford-Lackey talks with Dr. Mark Boonshoft, associate professor of history at Virginia Military Institute, where he directs the constitutional history program, and author of Aristocratic Education and the Making of the American Republic. They look at why the founding generation worried so much about schooling: Benjamin Rush’s call to turn students into “republican machines,” fears about young Americans studying abroad, and a national university that the first six presidents wanted and never got.
Boonshoft also takes up the harder side of the story. Jefferson and Madison built the University of Virginia while the state’s common schools went without. The founders’ “aristocracy of merit” often kept power with the same people who held it before. And free Black communities who invested in schools saw their voting rights cut anyway. New York dropped the property requirement for white voters in 1821 and raised it for Black voters.
Finally, what cadets at VMI learn from constitutional history: that citizens drive constitutional change, and that the Constitution is something built and kept up, not just read. As Boonshoft puts it, you can’t defer the maintenance on the republic. - 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. - 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. - 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. - We tend to jump straight from the Revolution to the Constitutional Convention — from a young James Madison to the Father of the Constitution. But the years in between are where the promises of independence collided with the hard work of governing.
Dr. Frank Cogliano, professor of American history at the University of Edinburgh and author of A Revolutionary Friendship: Washington, Jefferson, and the American Republic, joins Katie in the studio to walk through that chapter. They start with the question of who the Revolution actually included — enslaved people, Native nations, women, common people, loyalists — and what independence meant to each. Then they follow Madison home to Montpelier: the Orange County Committee of Safety, the Virginia Convention of 1776, Jefferson's Governor's Council, and a Congress whose failures taught him exactly what needed fixing.
Along the way, Cogliano makes the case that Madison's willingness to change his mind is a strength, not hypocrisy. He explains why the Madison–Washington partnership may be more interesting than the famous Madison–Jefferson friendship. And he leaves us with a challenge for the semiquincentennial year: live up to the words, and relearn how to disagree without hating each other.
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À propos de Consider the Constitution
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.
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