Your Weekly Constitutional

You’ve heard of Confederates. But have you heard of “Confederados?” The terms are related, but as the variation in spelling suggests, there’s a linguistic and geographical difference. It seems that a number of unhappy Confederates left the United States after our Civil War and emigrated to places where they could continue to own slaves. Among those places was Brazil, where such people were called “Confederados,” and where their descendants live to this day. Two Brazilian historians, Luciana da Cruz Brito and Helena Maria Machado, will tell us the tale. It's a story that is not only compelling, but which also brings home an important point: African slavery was not just a problem in the United States, but throughout the Americas, and indeed, throughout much of the world.

What does baseball have to do with constitutional law? Quite a bit, it turns out. Stewart will explain it to you, along with YWC’s Executive Producer, Wayne Winkler, who’s a bit skeptical. Stewart will also interview historian, constitutional lawyer and author David O. Stewart about his latest book, The Babe Ruth Deception, which tells a tale set in the early 20th Century, a time when baseball truly became "the national pastime." Play ball!

You’ve heard of Abigail Adams, wife of John Adams, who famously asked her husband to “remember the ladies” when he and his fellow revolutionaries drafted a legal code for the new nation they were creating. But have you ever heard of Louisa Adams, the wife of John Quincy Adams? Turns out that Louisa was pretty outspoken, too -- mostly in her diaries and other writings, in which she documented her many travels and adventures over several tumultuous decades of our early constitutional history. Please join us for a fascinating discussion with author Louisa Thomas (no relation) who has written a new biography of this largely-overlooked American woman.

We tend to think of constitutional cases as happening “out there, somewhere.” But they can arise anywhere the Constitution applies, and it applies everywhere in the United States – including in your own back yard. Recently, a significant constitutional case arose in our back yard, and a local attorney, Dennis Jones, took it all the way to the Supreme Court – assisted by three of Stewart’s law students.

If any institution should value and protect free speech, it is the university. After all, isn’t that what colleges and universities are for? Free inquiry and free exchange of ideas? And, in the case of state institutions, there’s that pesky First Amendment thing, too. But lately, some people are calling for restrictions on speech at universities, even attempting to punish those with whom they disagree. Remarkably, some faculty members have joined in this attempt, including, most notably, Melissa Click, a former teacher -- of journalism! -- at the University of Missouri. What is happening on our college campuses? Time to call in our First Amendment Guy, Doug McKechnie

Most of us have heard about the trans-Atlantic slave trade, one of the worst aspects of African-American slavery. But what happened to enslaved Africans once they reached the East Coast of the United States? As it turns out, many of them still had a long way to go, into the even worse conditions in the interior of the Deep South, along routes that author Edward Ball calls “The Slave Trail of Tears.” Join us for a disturbing, but riveting, discussion of this little-known chapter of American constitutional history.

Once upon a time, the idea of a woman serving on the United States Supreme Court seemed strange, perhaps unattainable. Then along came Sandra Day O’Connor, and, a few years later, Ruth Bader Ginsberg. The Court, and the nation, haven’t been the same since. This week, author Linda Hirshman will tell us all about it. Her new book about the High Court’s first two female Justices and their personal and professional relationships is called Sisters-in-Law: How Sandra Day O’Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World.

It sometimes seems that all constitutional interpretation emanates from one place, and one place only: the United States Supreme Court. But while it’s true that the Court is the final authority on the Constitution, it’s also true that the rest of us have something to say about it. Indeed, David Cole, of the Georgetown University Law Center, insists that we have a lot to say about it, and that grassroots efforts to change the interpretation of the Constitution are the real “Engines of Liberty."

Remember the fellow who challenged the phrase “under God” in the Pledge of Allegiance? His name is Michael Newdow, and he’s at it again, this time challenging the placement of “In God We Trust” on our currency. He’s filed a number of lawsuits, which have drawn a great deal of criticism. Among his critics is Mathew Staver, founder of Liberty Counsel and former dean of Liberty University’s law school. We’ll talk to both Mike and Mat, two articulate advocates for two very different constitutional perspectives.

This week, we continue our discussion of Brexit – the proposed exit of Britain from the European Union – with Northumbria University law professor William Walton and his student, Melissa Davis, who just happens to also be a city councillor in Newcastle-upon-Tyne. We then broaden our discussion, both in terms of topics and participants, by inviting some of William’s other law students into the studio. These young Britons have much to say, not only about Brexit, but about the differences between British and American constitutionalism – think guns and law enforcement – as well as the similarities – think “devolution” of power to regions of Britain, as compared with “states’ rights” arguments in the United States. Join us for a variety of youthful perspectives and remarkable accents.

You’ve heard of something called “Brexit,” but what is it? Turns out, Brexit is shorthand for the possibility of a British exit from the European Union. Britons will soon vote on Brexit, and the polls show the election too close to call. Such an exit, if it occurs, will have major constitutional implications for the United Kingdom, and a major impact on the rest of the world, including the United States. Good thing we’ve got Northumbria University law professor William Walton to explain it all to us. William is joined by one of his students, Melissa Davis, who is also a city councillor in Newcastle-upon-Tyne. In Part II, we'll talk to several other of William's law students. These young people have some definite opinions on a wide range of subjects, including, of course, Brexit. So stay tuned.

There aren’t many Nazi war criminals left to punish. But one of the last to be brought to justice is also among the most fascinating. Join us as Lawrence Douglas, a professor at Amherst, tells us all about the man at the center of this strange and surprising case. Lawrence is the author of "The Right Wrong Man: John Demjanjuk and the Last Great Nazi War Crimes Trial."

What's going on in North Carolina? Paypal is cancelling expansion plans, other state governments are refusing to visit, and Bruce Springsteen -- Springsteen! -- has cancelled a concert. Apparently, our good friends in NC are now at ground zero in the culture war, which increasingly pits rural Republicans against urban Democrats. The city of Charlotte passed an antidiscrimination ordinance protecting LGBT rights, and the state called a special legislative session to repeal it. Governor McCrory immediately signed the repeal statute. Apparently, the big issue is the use of public bathrooms by transgendered people. Oh, boy . . . or, perhaps we should say, oh, girl . . . .

In this extraordinary election year of 2016 we keep hearing a lot of dark references to “populism” on both the left and the right. But what does “populism” mean, and why does it have such a negative connotation? Aren’t we a popular democracy? And isn’t democracy good? Woody Holton, a University of South Carolina history professor, thinks that democracy is, in fact, a good thing - at least sometimes. He’s even written a book about it: "Unruly Americans and the Origins of the Constitution." Woody’s story contrasts with the history you probably learned in high school, where George Washington, James Madison and a few other rich guys did all the heavy lifting. As it turns out, they had lots of help.

The death of Associate Justice Antonin Scalia has led to a titanic political and constitutional struggle between the President and Congress. Will the Constitution dictate an outcome? Or will the political process offer the only hope of a resolution? Join Stewart and Professor James P. Melcher of the University of Maine at Farmington as they address the question: what will happen After Scalia?

To be President of the United States, the Constitution requires you to be a "natural born Citizen." But what does that mean? Specifically, what does it mean for Republican presidential candidate Ted Cruz? The answer may surprise you. Join us for a fascinating discussion with two law professors who'll tell us all about it. And don't forget your birth certificate.

It's been six years since the Supreme Court has ruled on a Second Amendment case. What's up with that? Plenty, it turns out. This week, Stewart speaks with two experts on the Second Amendment, law professor Adam Winkler of UCLA, and gun rights advocate David Kopel from the Cato Institute.

To paraphrase Forrest Gump, money and politics go together like peas and carrots. That's especially true since the Citizens United decision came down in 2010. And a number of people are very concerned about it. Join Stewart and author Derek Cressman for a discussion of his new book, "When Money Talks: The High Price of 'Free' Speech and the Selling of Democracy."

After centuries of neglect, Alexander Hamilton is finally having his historical moment. Join Stewart and ConSource Executive Director Julie Silverbrook as they discuss one of the most under-appreciated of the Founders, a fellow they call "Ham the Man."

President Obama wants to formalize the longstanding practice of the U.S. government allowing millions of undocumented aliens to remain in the United States. Donald Trump wants to step up deportations and ban all Muslim immigration. But does any president have that much executive power? Join us as we speak to University of Chicago law professor Eric Posner about this controversial constitutional question.