An award-winning cannabis podcast for women, by women. Hear joyful stories and useful advice about cannabis for health, well-being, and fun—especially for needs specific to women like stress, sleep, and sex. We cover everything from: What’s the best weed for sex? Can I use CBD for menstrual cramps? What are the effects of the Harlequin strain or Gelato strain? And, why do we prefer to call it “cannabis” instead of “marijuana”? We also hear from you: your first time buying legal weed, and how ...
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Business Transformation Pitch with The CX Goalkeeper
1 #258: Building the Future: AI, Avatars and the Power of Community 29:08
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LikedThis episode explores avatars, AI, and community-driven value. Annika Kessel explains Cosmic Universe, ethical avatar design, NFTs, and community economies. Hear real risks like profile hacking and practical uses for brands, education, and mental health. Learn a human-centered view of AI and the future. About Annika Kessel Annika Kessel is a visionary leader building a new societal model at the intersection of human consciousness, AI, and decentralized community economies. She inspires millions to reconnect with their true essence through heart-driven experiences, creating ecosystems where trust, authenticity, and love define value. Through AI avatars with over 500,000 followers and 1 billion+ media impressions, she champions a movement where community is currency, and technology enhances collective intelligence and ethical transformation. Resources Cosmiq Universe AG: https://cosmiquniverse.com/ Please, hit the follow button: Apple Podcast: http://cxgoalkeeper.com/apple Spotify: http://cxgoalkeeper.com/spotify We’d love to hear your thoughts — leave a comment and share your feedback! Follow Gregorio Uglioni on Linkedin: https://www.linkedin.com/in/gregorio-uglioni/ About Gregorio Uglioni: Transforming Business Into Value Generating Engines - Creating Long-Lasting Impact Leveraging Customer Experience - Host Of The Globally Recognized CX Goalkeeper Podcast “Customer Experience Goals” - Speaker at global events & at podcasts - Judge at International Awards - CX Lecturer for several institutions Listen to more podcasts on The Agile Brand network here: https://agilebrandguide.com/the-agile-brand-podcasts/…
The Presidency: the 22nd and 25th Amendments
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Despite the constitutional convention’s tentative rejection of term limits, early presidents establish a custom of two terms (each for their own reasons). After a few presidents flirt with a third (nonconsecutive) term, FDR goes for four, leading Congress to make custom binding. John Tyler takes over for Harrison and starts a custom of his own, but president succession remains unsettled. A later amendment fixes some problems but leaves room for mischief. (Editors Note: The primary recorder failed for this episode and the audio came from the microphones built into the computer. I am so sorry.)
81 episodes
ShareManage episode 338767935 series 2323135
Content provided by Patterson Belknap Webb & Tyler LLP, Patterson Belknap Webb, and Tyler LLP. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Patterson Belknap Webb & Tyler LLP, Patterson Belknap Webb, and Tyler LLP or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.
Despite the constitutional convention’s tentative rejection of term limits, early presidents establish a custom of two terms (each for their own reasons). After a few presidents flirt with a third (nonconsecutive) term, FDR goes for four, leading Congress to make custom binding. John Tyler takes over for Harrison and starts a custom of his own, but president succession remains unsettled. A later amendment fixes some problems but leaves room for mischief. (Editors Note: The primary recorder failed for this episode and the audio came from the microphones built into the computer. I am so sorry.)
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How to Build a Nation in 15 Weeks
After four seasons, more than 70 hours, and 75 episodes, Harry and Jon share some parting thoughts on the Constitution, the problems and struggles of interpretation, the role of politics and compromise, and some constitutional near misses. Rejecting the idea of finished products, we nonetheless say goodbye for now. (Editor's Note: Harry and John, you are both most welcome and thank you for letting me a part of this.)…
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How to Build a Nation in 15 Weeks
1 The Presidency: the 22nd and 25th Amendments 2:02:44
2:02:44 Play Later Play Later Lists Like Liked2:02:44
Play Later Play Later Lists Like LikedDespite the constitutional convention’s tentative rejection of term limits, early presidents establish a custom of two terms (each for their own reasons). After a few presidents flirt with a third (nonconsecutive) term, FDR goes for four, leading Congress to make custom binding. John Tyler takes over for Harrison and starts a custom of his own, but president succession remains unsettled. A later amendment fixes some problems but leaves room for mischief. (Editors Note: The primary recorder failed for this episode and the audio came from the microphones built into the computer. I am so sorry.)…
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How to Build a Nation in 15 Weeks
Poor initial planning leaves Congressional terms and Congressional sessions badly out of sync, and 130 years’ worth of long and short sessions. A dispute over shipping subsidies rebalances the sessions, but leaves a short lame duck period. Tweaks to the presidential election process solve one problem, permits Congress to solve another (if it ever gets around to it), but leave a number of issues unaddressed.…
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How to Build a Nation in 15 Weeks
1 Democracy, Part 2: the 24th and 26th Amendments 55:40
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Play Later Play Later Lists Like LikedThe 24th Amendment goes halfway toward removing poll taxes—one of the many historical practices used to suppress voting on the basis of race and class—before the Supreme Court expands the scope of the 14th Amendment to go all the way. Earlier voting rights successes, lowering the military draft age to 18, student organizing, and a mediocre pop song lead to a change in the Voting Rights Act, and then to the 26th Amendment.…
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How to Build a Nation in 15 Weeks
1 Democracy, Part 1: the 17th, 23rd, and DC Voting Rights Amendments 1:24:37
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Play Later Play Later Lists Like Liked120 years of corruption and deadlocks finally allow reformers to achieve direct election of Senators, with the hope of a more responsive and functional Senate. (Points for trying, we suppose.) An absent-minded decision by the Federalists strips DC residents of the right to vote, and a legacy of racism leads to continued disenfranchisement. The 23rd Amendment restores the right to vote in Presidential elections, but further reforms are blocked.…
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How to Build a Nation in 15 Weeks
Popular opinion rises against child labor, and the Supreme Court shrugs. Congress tries again, but the Court is unmoved. Congress passes an amendment, ratification stalls, we take a detour through Kansas, and questions about the ratification process are raised but not settled. Eight years of the Great Depression and court-packing threats cause a change in constitutional thinking, and the Court shifts away from property rights as the fundamental guarantees of liberty.…
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How to Build a Nation in 15 Weeks
1 Prohibition: the 18th & 21st Amendments 1:20:21
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Play Later Play Later Lists Like LikedA multi-decade organizing project by the WCTU and ASL and the malapportionment of state legislatures leads to the passage of the 18th Amendment, with support from various factions. Alcohol use goes down, then doesn’t. Congress goes overboard in using criminal law to combat a public health problem, leading to backlash and repeal. The team discusses modern parallels, 21st Amendment jurisprudence, and the danger of infringing on the Forest Service’s intellectual property.…
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How to Build a Nation in 15 Weeks
The delegates to the Constitutional Convention create distinctions without comprehensible differences. The advocates of broad taxation join the adversaries to luxuries to tax the carriage-riding classes. Justice Paterson begins a proud tradition of opinions on taxation that are long on rhetoric and short on reason. The Gilded Age Supreme Court zigs, zags, and runs in circles, and confuses Congress to the point of a constitutional amendment. Mr. King’s ghost is still waiting.…
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How to Build a Nation in 15 Weeks
We’re back for the final season of How to Build a Nation in 15 Weeks . Join us as we discuss events and amendments from the past 100 years that remodeled the written Constitution into what it is today, including income taxes, the rise and repeal of prohibition, the expansion of democracy through the direct election of senators, presidential voting in DC, the end of the poll tax, and the reduction in the voting age, structural changes to Congress and the Presidency, and more.…
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How to Build a Nation in 15 Weeks
We discuss the decisions and events leading to the end of formal Reconstruction, culminating with the corrupt bargain ending the election of 1876 and the continuing attacks on multiracial democracy in America. We conclude by reflecting on legacy of Reconstruction era amendments, the lingering effects of historical attempts to misrepresent and erase that legacy, and the unfinished work they represent. Participants: Harry Sandick, Jon Hatch…
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How to Build a Nation in 15 Weeks
In the wake of the second Trump impeachment, we review the Johnson, Clinton, and (first) Trump impeachments (and Nixon’s resignation), and conclude that not much is new under the sun. We also reflect on the inherently political nature of the impeachment process, and ask whether it works at all. (It doesn’t, really.) Participants: Harry Sandick, Jon Hatch, Tara Norris…
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How to Build a Nation in 15 Weeks
During World War I, suffragists pursue both national and state-by-state strategies. The National Women’s Party takes a more radical approach with protests and hunger strikes, and is met with violence. The Wilson administration and Congress yield after continued organizing, and the 19th Amendment is ratified. Further activism leads Congress to pass the ERA, but ratification falls three states short. Years later, three new states ratify, and the U.S. Archivist gets sued. Participants: Harry Sandick, Jon Hatch, Sofie Syed…
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How to Build a Nation in 15 Weeks
1 Reconstruction: 19th Amendment, Part 1 1:00:57
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Play Later Play Later Lists Like LikedWe begin our discussion of the struggle for women’s political rights in the United States with the Revolution, with a focus on the fight against coverture and slavery, and the particular challenges for Black women. The abolitionist, labor, and temperance movements provide early opportunities for organizing. The Seneca Convention presents the Declaration of Sentiments. The 15th Amendment reveals a rift in the movement between white women and women of color. Participants: Harry Sandick, Jon Hatch, Sofie Syed…
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How to Build a Nation in 15 Weeks
We discuss how organizing among African-Americans, continuing violence in the former Confederacy, and a union of principle and politics in the North lead Congress to move toward universal male suffrage, two years after rejecting it. Proponents of a guaranteed right to vote debate those seeking only a ban on racial discrimination, and conflicts erupt with some supporters of female suffrage. Things get messy in Congress. The end result is both momentous and compromised. Participants: Harry Sandick, Jon Hatch…
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How to Build a Nation in 15 Weeks
The team convenes again to further discuss the January 6, 2021 insurrection and its echoes of the end of Reconstruction, as well as thoughts about the way forward.
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How to Build a Nation in 15 Weeks
1 Reconstruction: 14th Amendment – Equal Protection Clause 1:38:49
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Play Later Play Later Lists Like LikedOngoing mob violence spurs Congress to try to help Black Americans achieve meaningful equality. But in the 1870s, the Supreme Court limits the clause to cover only state action, despite Congress’s intentions. In the 1890s, it allows segregation by state governments. In 1964, it trades anti-subjugation for anti-classification. And in 1967, it creates qualified immunity, and then later expands it to shield almost all conduct by state law enforcement. Participants: Harry Sandick, Jon Hatch, Kevin Opoku-Gyamfi…
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How to Build a Nation in 15 Weeks
1 Reconstruction: 14th Amendment – Privileges & Immunities and Due Process Clauses 56:04
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Play Later Play Later Lists Like LikedCongress draws on Article IV and the Corfield opinion to craft a new privileges and immunities clause, but the Supreme Court quickly narrows its scope to near-invisibility . Lochner era courts use the due process clause to promote economic rights but twist the Amendment’s meaning, until substantive due process is repurposed in the 1930s. Recent opinions hint at a resurrected privileges and immunities clause, but at what cost? Participants: Harry Sandick, Jon Hatch, Ian Eppler…
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How to Build a Nation in 15 Weeks
1 Reconstruction: 14th Amendment – Birthright Citizenship Clause 1:24:05
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Play Later Play Later Lists Like LikedWe discuss ancient and early modern doctrines regarding the inheritance of citizenship, state and federal citizenship in the early republic, and early arguments for racial equality among citizens. We return to Dred Scott ’s creation of a racial exclusion to citizenship, the Reconstruction Congress’s efforts to legislate race-neutral birthright citizenship, culminating in the 14th Amendment, and the persistence of racial and national exclusions. Participants: Harry Sandick, Jon Hatch, Tara Norris…
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How to Build a Nation in 15 Weeks
1 Bonus Episode: 14th Amendment, Section 3 and Impeachment Revisited 49:59
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Play Later Play Later Lists Like LikedIn light of the January 6, 2021 insurrection at the Capitol and the second impeachment of Donald Trump, the team has reconvened to further discuss the history and mechanics of Section 3 and the use of impeachment against former government officials.
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How to Build a Nation in 15 Weeks
1 Reconstruction: 14th Amendment – Overview & Sections 2–4 1:21:46
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Play Later Play Later Lists Like LikedWe begin our review of the 14th Amendment with the lesser-known middle clauses. Northern demographics, racism, and sexism block universal voting rights, leading to indirect support of male suffrage that is too complicated to work. Section 3 precludes officeholding by ex-Confederates but ends up interfering with the prosecution of Jefferson Davis. Section 4 upholds Union and cancels Confederate debts, and maybe means we can have a giant platinum coin. Participants: Harry Sandick, Jon Hatch, Andrew Willinger…
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How to Build a Nation in 15 Weeks
We review the history of resistance by enslaved people in the United States, and how the Civil War changed things, leading to widespread self-emancipation. We then talk about the intended scope of the amendment, its passage through moral arguments, solidarity, bribery, and self-interested political calculation, and conclude by discussing how the Supreme Court has narrowed its self-executing provisions while leaving room for more expansive legislation. Participants: Harry Sandick, Jon Hatch…
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How to Build a Nation in 15 Weeks
1 Prelude to Reconstruction: Harper’s Ferry through the Corwin Amendment 57:50
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Play Later Play Later Lists Like LikedJohn Brown leads a raid on Harper’s Ferry and becomes a martyr. The Republicans prepare for their first real shot at the presidency. The Democratic convention disintegrates, the Northern and Southern wings propose competing candidates, and the Deep South prepares for its exit. Lincoln is elected, Southern states secede, and Thomas “Wagon Boy” Corwin tries for one last compromise. The North moves toward abolition as a way to win the war. Participants: Harry Sandick, Jon Hatch, Leigh Barnwell…
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How to Build a Nation in 15 Weeks
1 Prelude to Reconstruction - Fugitive Slave Act of 1850 through Dred Scott 1:19:24
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Play Later Play Later Lists Like LikedIn the wake of Prigg , Congress passes its worst law. Abolitionists debate whether the Constitution is pro-slavery, anti-slavery, or neutral. For love of a railroad, Stephen Douglas blows up the Missouri Compromise, and a preview of the Civil War breaks out in Kansas. The Republican Party coalesces out of disparate opponents to the Democratic Party’s increasingly aggressive stance on slavery. The Supreme Court issues its worst decision. Participants: Harry Sandick, Jon Hatch, Leigh Barnwell…
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How to Build a Nation in 15 Weeks
1 Prelude to Reconstruction: Constitutional Convention through Prigg 1:01:45
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Play Later Play Later Lists Like LikedFor hundreds of years, enslaved people resist and escape. The delegates’ initial compromises in 1787 give disproportionate influence to slaveholders. Additional compromises, including the Fugitive Slave Act of 1793 and Missouri Compromise, both recognize and limit slavery. (Some) Northerners become concerned about a rising Slave Power. Prigg v. Pennsylvania endorses slavery but creates a limited space for Northern resistance. Participants: Harry Sandick, Jon Hatch, Leigh Barnwell…
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How to Build a Nation in 15 Weeks
We’re back, with a new season about the next era of constitutional development: Reconstruction. Join us as we discuss the 13th, 14th, 15th, and 19th Amendments and surrounding events, America’s subsequent retreat from the promises of Reconstruction, and the continuing struggles these amendments reflect. Participants: Harry Sandick, Jon Hatch…
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How to Build a Nation in 15 Weeks
1 Bonus Episode: The Militia and Naval Acts 1:36:34
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Play Later Play Later Lists Like LikedWe return with a “lost” episode about how early Congresses filled in details that the Constitution left open. The Militia Acts strike a delicate balance between the state and federal governments and fail utterly to create a trained militia, so Congress and the Supreme Court decide to pretend the Militia Clauses just don’t exist. Meanwhile, the Naval Act allows for traditional patronage politics to create an effective navy despite considerable challenges.…
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How to Build a Nation in 15 Weeks
1 Unadopted Amendments of the 1810s: Titles of Nobility and Ill-Timed Reversals 1:11:53
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Play Later Play Later Lists Like LikedJerry Bonaparte gets married. Congress decides it really hates titles. The Titles of Nobility Amendment is almost ratified, but falls two states short, leading to a few conspiracy theories. (Lawyers are still US citizens, we promise.) Tensions with England and France rise. New England Federalists meet in Hartford, change their minds on several issues, make an ill-timed proposal, and are never heard from again.…
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How to Build a Nation in 15 Weeks
1 Early Constitutional Law Decisions: Arguments, Assets, Banks, Boats, Charters, Crimes, Debts, and Dams 1:42:34
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Play Later Play Later Lists Like LikedA debt is paid, but not to the debtor. A will is probated, but not for the heirs. An argument is skipped, despite prior arrangements. A bank is taxed, without being named. A lottery is launched, but tickets are forbidden. A charter is granted, but withdrawn by others. A vault is emptied, but the contents are returned. A ship is wrecked, but its contents resurface. A dam is broken, and a ship sails on.…
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How to Build a Nation in 15 Weeks
Article II, Section 1 is founded on accident, immediately shows signs of trouble, and implodes within 12 years. Hamilton schemes, and others counterscheme. The Federalists swap Pinckneys. The Democratic-Republicans fail to coordinate and Jefferson and Burr end up tied. Jefferson grabs a few votes, the House deadlocks, and Bayard makes a last minute deal. The Democratic-Republicans take the route of least ambition, and fix only a few out of a host of problems.…
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How to Build a Nation in 15 Weeks
1 Eleventh Amendment: Speculators and Self-Interest 1:06:18
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Play Later Play Later Lists Like LikedThe Convention commits a basic drafting error (probably). Georgia fails to pay some debts, Virginia claims some land, and Massachusetts grabs some property. The Committee of Detail drafts Article III. Randolph seizes an opportunity for an old client (and some new ones), Wilson rules in favor of his investments, Iredell is ignored, and everyone freaks out. Congress fixes a problem but creates a new one.…
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How to Build a Nation in 15 Weeks
1 Bill of Rights, Part 7: Unknown Rights and Limited Powers 17:54
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Play Later Play Later Lists Like LikedThe Tenth Amendment places (arguably) redundant restrictions on federal powers. The Patterson team discusses the ineffable nature of the Ninth Amendment, whether as a double redundancy, a murky wellspring of unknown rights, or an acknowledgment of the incompleteness of constitutionalism.
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How to Build a Nation in 15 Weeks
The Normans bring the original form of the jury to England in 1066 (or did they?) The colonists make jury rights central to the revolution, but the delegates don’t make the effort to add them to the Constitution. The Seventh Amendment preserves the right to a civil jury, without much guidance. The Supreme Court looks to history, except as to size. The Patterson team debates the continued relevance and importance of juries in modern cases.…
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How to Build a Nation in 15 Weeks
1 Bill of Rights, Part 5: Criminal Procedure 1:19:34
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Play Later Play Later Lists Like LikedThe Patterson team discusses some of the Stuart abuses that shaped what rights ended up in the Fifth, Sixth, and Eighth Amendments. Freedborn John refuses the oath ex officio. Sir Walter Raleigh is denied the right to confront Cobham. Judge Jeffreys presides over the Bloody Assizes. Patrick Henry confuses the difference between “didn’t” and “shouldn’t have.” We pause to discuss a recent decision on double jeopardy and provide a (very) brief history of incorporation.…
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How to Build a Nation in 15 Weeks
1 Bill of Rights, Part 4: Searches and Seizures 50:08
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Play Later Play Later Lists Like LikedWrits of assistance come to the colonies, James Otis sets himself aflame with oratory, and John Adams takes notes. Massachusetts leads the way in restricting warrants. Dollree Mapp protects some salacious activities and writes herself into history. Georgia rejects the mullet doctrine and the Sixth Circuit rejects chalking. The Patterson team discusses the exclusionary rule and the breadth (or lack thereof) the Fourth Amendment’s protections.…
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How to Build a Nation in 15 Weeks
1 Bill of Rights, Part 3: Military Amendments 42:58
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Play Later Play Later Lists Like LikedThe Patterson team discusses the English and colonial antecedents of the Second Amendment, the fear of standing armies motivating its proposal, and the Congressional modifications before ratification. We then examine every federal appellate case interpreting the Third Amendment. (It doesn’t take long.)…
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How to Build a Nation in 15 Weeks
1 Bill of Rights, Part 2: Religion and Expression 1:02:39
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Play Later Play Later Lists Like LikedEarly colonists try to balance religious liberty with established state churches. John Peter Zenger goes to trial and suffers a pyrrhic loss. The murky origins of the free speech clause. James Madison slyly tweaks proposals from the state ratifying conventions. Federalists and Democratic-Republicans battle over the Sedition Act in the shadow of the new First Amendment. Thomas Jefferson proposes a radical fix that nearly undoes the Constitution.…
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How to Build a Nation in 15 Weeks
1 Bill of Rights, Part 1: Drafting and Ratification 1:16:34
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Play Later Play Later Lists Like LikedFederalists and Anti-Federalists debate the necessity, danger, and efficacy of amendments. Madison takes charge and persuades Congress to go along, eventually. The Senate ditches state restrictions and a strict separation of powers. Congress sends 12 amendments to the States. 10 are quickly affirmed and become the Bill of Rights. One is rejected due to micromanagement and bad math. One takes the long way round to become the 27th Amendment.…
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How to Build a Nation in 15 Weeks
1 Mini-episode: 19th Century Constitutionalism and the Republic of Indian Stream 37:37
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Play Later Play Later Lists Like LikedA riverine ambiguity leads the locals to return to first principles, and draft a constitution. The citizens borrow some rights, expand some others, delve into equal protection and equal obligation, reject separation of powers, and graft an executive, legislative, and judicial council onto a town meeting. A hardware store debt leads to an international incident, and Daniel Webster removes the devil from the details.…
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How to Build a Nation in 15 Weeks
1 Judiciary Acts, Part 2: Midnight Judges and Missing Commissions 43:45
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Play Later Play Later Lists Like LikedThe Patterson team debates whether the 1789 Act is pro-debtor or creditor. The Federalists giveth to the Midnight Judges, and the Democratic-Republicans taketh away. Marshall and Chase contemplate a strike. Marbury v. Madison establishes judicial review—or does it? The justices resume circuit riding, and fold in Stuart v. Laird . Concern over civil rights slowly opens the door to expanded federal jurisdiction, until the railroads kick it down.…
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How to Build a Nation in 15 Weeks
1 Judiciary Acts, Part 1: Hang Like a Bat to Every Particle 1:20:08
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Play Later Play Later Lists Like LikedThe First Congress picks up where Article III left off. Oliver Ellsworth gets possessive. The justices are told to make like post-boys and get on their horses. Congress tries to avoid amendments, and omits federal question jurisdiction and appeals from criminal trials or pro-federal decisions. The Rules of Decision Act is added at the last moment, leading to countless litigation over a provision that may not have applied in the first place.…
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How to Build a Nation in 15 Weeks
1 Bonus Episode: Professor Michael Klarman (Rebroadcast) 1:09:41
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Play Later Play Later Lists Like LikedOn this bonus episode, we spoke with Professor Michael Klarman, author of the excellent book the Framer’s Coup: The Making of the United States Constitution , about how the Framers designed the Constitution to be less democratic than the existing state governments, how the Federalists managed to ratify the Constitution over strong opposition, the mistakes of the antifederalists, and whether we should mythologize the Constitution and its founders.…
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How to Build a Nation in 15 Weeks
1 Ratification, Part 4: The Anti-Federalists’ Last Stand 1:04:56
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Play Later Play Later Lists Like LikedThe Federalists face a 46–19 disadvantage in New York and adopt a strategy of delay. The Anti-Federalists don’t sweat New Hampshire, but word of Virginia’s ratification sways their resolve. Melancton Smith is persuaded by argument. The namesake of Great Jones Street makes a proposal that leads to New York’s ratification. Sick of being lumped in with Rhode Island, North Carolina relents. Rhode Island joins the Union kicking and screaming.…
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How to Build a Nation in 15 Weeks
1 Ratification, Part 3: The Anti-Federalists Strike Back 1:04:36
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Play Later Play Later Lists Like LikedNew Hampshire makes nine. The Anti-Federalists belatedly get their act together and put up a fight. Patrick Henry blusters and bullies his way through the Virginia convention. George Mason and Edmund Randolph each offer up their limbs. John Marshall makes promises that the Supreme Court is absolutely not going to back up. James Madison conquers his weak constitution with a strong Constitution. Virginia ratifies, but things still look rough in New York.…
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How to Build a Nation in 15 Weeks
1 Ratification, Part 2: Eight is Almost Enough 1:01:12
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Play Later Play Later Lists Like LikedDelaware quickly ratifies, and Pennsylvania Federalists convene, imprison a few delegates, and force a quick ratification. New Jersey, Georgia, and Connecticut quickly ratify to grab equal Senate representation. The Massachusetts Federalists show flexibility and deploy a few rumors, John Hancock gets coy, and everyone goes home happy after ratifying. Martin overplays his hand in Maryland. South Carolina uses some creative allocation. New Hampshire decides to delay.…
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How to Build a Nation in 15 Weeks
1 Ratification, Part 1: Monarchy Men, Military Men, Aristocrats, and Drones 44:01
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Play Later Play Later Lists Like LikedThe Patterson team explores the differences between Federalists and the Federalist Party, and fail to come up with an alternative name for the anti-Federalists, The Constitution goes public. The Federalists press their urban advantages, and their advantages in the press. Richard Henry Lee tries to kill the Constitution in the Articles Congress, but Madison maneuvers for a unanimous vote. Anti-Federalists develop their arguments.…
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How to Build a Nation in 15 Weeks
1 Bonus Episode: Interview with Professor Mary Bilder 1:05:30
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Play Later Play Later Lists Like LikedIn this bonus episode, we had the pleasure of speaking with Professor Mary Bilder, the author of Madison’s Hand: Revising the Constitutional Convention , a detailed study of Madison’s Notes of the Constitutional Convention. We discussed the nature of legislative diaries like Madison’s Notes, Madison’s drafting process and subsequent revisions to the Notes, his relationship with Thomas Jefferson, and how all of this informs our current reading of the Notes.…
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How to Build a Nation in 15 Weeks
1 Week 10, Part 2: Don't Forget Who Got You This Far 48:13
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Play Later Play Later Lists Like LikedMorris tries to save the country from aristocracy through aristocracy. Pinckney takes things too far on behalf of the 1%. Conflicting principles and pragmatic concerns prevent the adoption of property restrictions. The delegates debate citizenship requirements, disregarding the feelings of the foreign-born delegates. The Patterson team weighs in on foreign aid in the Revolution and the economic interpretation of the Constitution.…
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How to Build a Nation in 15 Weeks
1 Week 10, Part 1: Always Sweat the Details 1:01:26
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Play Later Play Later Lists Like LikedThe delegates gradually return from recess, though New Jersey takes its time crossing the river. The Committee of Detail takes some liberties in drafting. The draft constitution is distributed, and Maryland receives it poorly. Madison fears too many congressmen. The delegates conclude there should be a permanent seat of government, but not where. The Patterson team considers some of the less prominent provisions of the draft constitution.…
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How to Build a Nation in 15 Weeks
The delegates brainstorm ever-wilder methods for selecting the executive, but end up back where they started. Franklin argues that leaving public office is a promotion, and gets sassed by Morris. Mason proposes property qualifications for elected officials, but Madison stands up for … slightly broader property qualifications. The Convention adjourns for ten days to allow the Committee of Detail to write everything down, Washington goes fishing, and Madison frets.…
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How to Build a Nation in 15 Weeks
1 Week 9, Part 1: Don’t Choose Your President with a Game Show 43:55
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Play Later Play Later Lists Like LikedNew Hampshire finally shows up, without a per diem. The delegates debate the process for ratification and whether state legislatures can be trusted to do anything right. Nathaniel Gorham asks what will happen if Rhode Island won’t play along. Everyone tries to figure out how to select the executive and things get creative. The Patterson team considers the merits of election by lottery and whether the delegates can tell when someone is joking.…
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How to Build a Nation in 15 Weeks
1 Week 8, Part 2: When in Doubt, Keep it Vague 28:02
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Play Later Play Later Lists Like LikedThe delegates revisit the Executive Power. The Judicial Branch finally comes up again and the delegates debate how to pick judges. Nathaniel Gorham proposes that the Executive pick judges with the Senate’s “advice and consent,” though nobody really knows what this means. The Council of Revision makes another appearance but the delegates want judges to stay in their lane. Chief Justice Jay writes to Washington, and civility reigns, except when it doesn’t.…
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How to Build a Nation in 15 Weeks
1 Week 8, Part 1: Compromise! (If You Can’t Beat Them, Join Them) 45:00
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Play Later Play Later Lists Like LikedThe delegates finally compromise on representation when the large states throw in the towel. Roger Sherman tries to protect state police powers. The delegates reject a veto of state legislation but unanimously support making federal laws supreme. The Patterson team discusses whether the Connecticut compromise still makes sense and the evolution of the federal supremacy and the preemption doctrine. The Treaty Power gets an in-depth look.…
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How to Build a Nation in 15 Weeks
1 Week 7, Part 2: Call Things By Their True Names 31:12
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Play Later Play Later Lists Like LikedDebate continues on whether and how to account for enslaved people in determining representation in the legislature. The North-South divide widens. The delegates tie representation to taxation and approve the 3/5th's ratio for both. The delegates try to semantically conceal their compromise, but fool no one. The Northwest Ordinance is passed in Congress, with suspicious timing. The team weighs in on the legacy of the 3/5th's clause and the delegates’ failure to reckon with the immorality of slavery.…
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How to Build a Nation in 15 Weeks
1 Week 7, Part 1: Confront the Paradox at Your Nation’s Core (Or Don’t) 36:28
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Play Later Play Later Lists Like LikedThe delegates debate how to apportion representation in the lower house. The Morris Committee proposes an allocation based on guesswork. The King Committee proposes an alternative based on counting three-fifths of enslaved people. The delegates debate whether and how to factor enslaved people into representation, but no one speaks for the unrepresented. Potential western states complicate matters. The census is proposed.…
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How to Build a Nation in 15 Weeks
1 Week 6, Part 2: Don’t Underestimate the Power of a Mid-Week Vacation 34:03
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Play Later Play Later Lists Like LikedThe delegates celebrate Independence Day. Gerry presents the committee’s proposal to the Convention, with diffidence. A subcommittee is formed to address the calculation of proportional representation. The Patterson team ponders the Spirit of ’76, the benefits of some time off, and the delegates’ increasing willingness to reach a compromise.…
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How to Build a Nation in 15 Weeks
1 Week 6, Part 1: If All Else Fails, Try a Committee 30:36
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Play Later Play Later Lists Like LikedDelegates start to flee the Convention. Hamilton and Washington get pessimistic. The delegates deadlock over proportional versus equal state representation. Connecticut renews its proposal. The Gerry Committee tackles question of legislative representation after being stacked with small-state friendly delegates. The Patterson team discusses the shifting tide in favor of the smaller states and the eccentricities of Pennsylvania delegate Gouverneur Morris.…
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How to Build a Nation in 15 Weeks
On this special bonus episode, we had the pleasure of interviewing Joshua Matz, author with Professor Laurence Tribe of the excellent new book To End a Presidency: The Power of Impeachment . Joshua discussed what we can learn from the Constitutional Convention about the meaning of the Impeachment Clause and the purpose of impeachment, as well as what we can learn from the so-called “common law” of impeachment—examples of impeachments, near impeachments, and impeachment discussions in our country’s history.…
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How to Build a Nation in 15 Weeks
The delegates debate whether Senators should be paid. South Carolina argues for rule by the wealthy. The delegates agree on six-year Senate terms. Ben Franklin suggests the convention seek divine inspiration. The Patterson team considers how much democracy is too much democracy.
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How to Build a Nation in 15 Weeks
1 Week 5, Part 1: Don't Mortify The Other Delegates 42:03
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Play Later Play Later Lists Like LikedLuther Martin delivers a two-day speech with much diffuseness. Madison argues the small states have nothing to fear. Connecticut proposes a compromise. The mood amongst the delegates continues to deteriorate. Madison accuses Connecticut of failing to support to war effort. Delaware threatens to ally with foreign nations. Ben Franklin tries to bring the sides together. The Patterson team weighs the merits of proportional representation.…
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How to Build a Nation in 15 Weeks
1 Week 4, Part 2: Try to Keep Your Cool When Your Plan Falls Apart 26:47
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Play Later Play Later Lists Like LikedThe convention falls into chaos. Madison’s judgment slips, and he makes not-so-veiled threats against small states. Additional delegates try to push their own extreme visions. Connecticut tries to restore peace.
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How to Build a Nation in 15 Weeks
We’re back! The Constitution has been drafted—but how did it overcome anti-Federalist opposition to get ratified? And how did the omissions and mistakes in the original draft get fixed (or not)? Join the Patterson team for a new season of How to Build a Nation in 15 Weeks, including further details on ratification, the Bill of Rights, the Judiciary Act of 1789, the 11th and 12th Amendments, and more.…
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How to Build a Nation in 15 Weeks
1 Bonus Episode: Interview with Professor Michael Klarman 1:08:38
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Play Later Play Later Lists Like LikedOn this bonus episode, we spoke with Professor Michael Klarman, author of the excellent book the Framer’s Coup: The Making of the United States Constitution , about how the Framers designed the Constitution to be less democratic than the existing state governments, how the Federalists managed to ratify the Constitution over strong opposition, the mistakes of the antifederalists, and whether we should mythologize the Constitution and its founders.…
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How to Build a Nation in 15 Weeks
1 Conclusion: “A republic, if you can keep it.” 26:09
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Play Later Play Later Lists Like LikedThe end of an 18-week journey. Thanks to our colleagues, our producers, and the Firm. Reflections on the Convention, including the question of authorship, the past and current quality of political dialogue, the guiding design (or lack thereof) of the Constitution, the fear of corruption, the value of compromise, and the Notes as literature. Plans for season two, including ratification, the Bill of Rights, and more.…
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How to Build a Nation in 15 Weeks
1 Week 16, Part 2: Get the People to Sign Off 37:31
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Play Later Play Later Lists Like LikedThe Constitution goes public, and Congress sends it to the states for consideration. Adams and Jefferson react, and confirm that the delegates probably should have added a Bill of Rights. The Federalists and Anti-Federalists square off. The states ratify and create a new nation, though North Carolina and Rhode Island miss opening day. The delegates go on to lead the republic they helped create. The Patterson team covers 15 years of American history in 15 minutes.…
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How to Build a Nation in 15 Weeks
1 Week 16, Part 1: Look for Unanimity, if You Can Find It 40:20
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Play Later Play Later Lists Like LikedA little-known clerk inscribes the parchment we all know. Franklin urges unanimity in supporting the Constitution and proposes a convenient form of signing, but Randolph, Gerry, and Mason aren’t impressed. Washington speaks up for a more representative House, and a final alteration is made. The delegates sign, with three holdouts. Franklin has the last word and speaks of a rising, not setting, sun. The delegates gather one last time at City Tavern.…
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How to Build a Nation in 15 Weeks
1 Week 15, Part 2: Don’t Forget a Bill of Rights 1:02:11
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Play Later Play Later Lists Like LikedMason seeks a few hours to add a Bill of Rights. The delegates reject the idea, but regret it later. Everyone ends up with a different understanding of the commerce clause. The delegates have a raucous party at the City Tavern, rally the next morning for a long day, agree to ban domestic emoluments, settle on the President’s pardon power, and decide not to do this again. The Patterson team discusses the tonnage clause and whether a President can pardon himself.…
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How to Build a Nation in 15 Weeks
1 Week 15, Part 1: Leave the Door Open for Change 52:06
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Play Later Play Later Lists Like LikedGerry worries about weakening the role of the states in the amendment process; Hamilton wants to leave them out altogether. Wilson declares it worse than folly for Congress to have a say in ratification. The Committee of Style offers a new draft. The delegates reconsider the Presidential veto power. Mason does some arithmetic. Congress's powers are questioned. The Patterson team discusses past and current attempts at a new convention.…
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How to Build a Nation in 15 Weeks
1 Week 14, Part 2: Find Something for the Vice President to Do 31:43
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Play Later Play Later Lists Like LikedThe delegates debate the duties of the Vice President, where he belongs, and if he’s even necessary. Particular powers of the executive are considered, and the delegates fleetingly revisit impeachment. Mason resurrects the Privy Council to advise on appointments, but King kills it for good. Madison gets hung up on peace treaties. The Patterson team weighs in on some of the final debates before the articles head into the Committee of Style.…
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How to Build a Nation in 15 Weeks
1 Week 14, Part 1: Don’t Elect a Minion or a Monster 50:22
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Play Later Play Later Lists Like LikedThe delegates discuss the limits of ineligibility. Madison has a change of heart regarding general welfare. The delegates introduce the Vice President (finally). Morris methodically defends the electoral college, Rutledge tries to stall, and Gerry makes things needlessly complicated (again). Wilson fears a President that is but a minion of the Senate; Hamilton fears a monster. The Patterson team discusses at least a dozen ways to select the executive.…
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How to Build a Nation in 15 Weeks
The delegates debate the addition of new states to the union. Connecticut sticks up for Vermont, Wilson freaks out, and Martin gets in some good zingers. The delegates decide how many states should be required for ratification after some complex proposals. Morris suggests speed, Gerry urges unanimity, Mason makes threats, and Randolph self-destructs. The Committee on Postponed Parts is formed. The Patterson team weighs in on the use of committees and how to name them.…
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How to Build a Nation in 15 Weeks
1 Week 13, Part 1: Don’t Go Back on Your Word 37:02
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Play Later Play Later Lists Like LikedThe delegates return to the pardon power. Sherman proposes federalizing state militias. Dickinson tries to expand judicial impeachment. Pinckney protects religious liberty. Randolph loses his cool. The delegates debate supermajority requirements for laws regulating commerce after some Southern delegates walk away from their promises. The Patterson team discusses the seeds of the Civil War built into the Constitution’s treatment of slavery.…
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How to Build a Nation in 15 Weeks
1 Week 12, Part 2: Don’t Defer Critical Issues for Two Decades 36:58
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Play Later Play Later Lists Like LikedLuther Martin rails against slavery, and Georgia and South Carolina rail back. An awful compromise is reached based on some unexpected alliances. Mason advocates for sumptuary laws, but the other delegates decide that the law of necessity is enough. The delegates consider the financial crisis of their time, but let the issue pass by. The Patterson team considers a medley of timely provisions like the foreign emoluments clause and the pardon power.…
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How to Build a Nation in 15 Weeks
1 Week 12, Part 1: Good Rules Shouldn’t Go Without Saying 42:34
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Play Later Play Later Lists Like LikedPinckney proposes incorporating individual rights, but the delegates don’t have much interest. Treason is narrowly defined by the Convention. The delegates debate ex post facto laws, and Wilson assumes a bit too much. The delegates revisit the issue of slavery, and discussions get tense. The Patterson team discusses the delegates’ departures from the English experience in the name of constitutional rights.…
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How to Build a Nation in 15 Weeks
The delegates worry about insurrection, but dispute when the national government can step in. Gerry tries to limit the size of standing armies. Washington gets sarcastic. The Convention gives Congress the exclusive power to “declare” war, but gives the President considerable flexibility. The Patterson team discusses how the power to declare war has become blurred over time, and learns the difference between a letter of marque and a letter of reprisal.…
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How to Build a Nation in 15 Weeks
1 Week 11, Part 1: Wrap Up Some Loose Ends (and Create a Few More) 45:10
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Play Later Play Later Lists Like LikedThe delegates narrowly decide against relaxing citizenship requirements. The Convention debates the Senate’s ability to alter spending bills. Dickinson urges experience as the only guide, as “reason may mislead us,” Madison notes some ambiguities, and Randolph and Rutledge worry about marketing. The delegates close the door on general and broad powers, but open the window to necessary and proper ones. George Read tries to exorcise paper money.…
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How to Build a Nation in 15 Weeks
Hamilton finally speaks up, keeps speaking straight through lunch, damages his reputation, and is otherwise ignored. The benefits and perils of an elective monarchy and legislature. The Patterson team revisits the utility of the electoral college, muses about Old Bacon Face, and wonders whether people “begin to be tired of an excess of democracy.”…
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How to Build a Nation in 15 Weeks
The Large States and Deep South support one another. Gerry takes on the three-fifths compromise. New Jersey stalls for time and introduces an alternative plan for a federal government. The Patterson team takes the New Jersey plan seriously.
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How to Build a Nation in 15 Weeks
1 Week 2, Part 2: Figure Out Who Judges the Judges 44:20
44:20 Play Later Play Later Lists Like Liked44:20
Play Later Play Later Lists Like LikedDelegates debate whether lower federal courts are worth the money and how to select judges. Franklin makes an unorthodox proposal. The council of revision resurfaces and the judicial veto is rejected. The delegates debate the method of electing Senators. Wilson makes another stand for popular election. The convention stalls on a proposal to allow Congress to veto State laws. The Patterson team discusses lifetime appointments, the Supreme Court and the perceived importance of State involvement in the Senate.…
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How to Build a Nation in 15 Weeks
1 Week 2, Part 1: Push Past Your Fear of Kings 30:59
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Play Later Play Later Lists Like LikedVirginia presses its plan with broad outlines for the executive, legislative, and judicial branches. Fear and loathing of a return to a monarchy. The delegates nonetheless opt for a single executive, with a veto, but defer how they will be elected. Wilson makes a stand for popular election, and is entirely ignored. The Patterson team discusses the impact of the electoral college in recent elections, the powers of the modern presidency, and the declining use of the presidential veto.…
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How to Build a Nation in 15 Weeks
The convention opens. The Virginia delegation introduces its plan for Government including a national executive, national judiciary, and, crucially, proportional representation in the national legislature. The small states are not pleased. Pinckney’s plan is ignored. The Patterson team takes an historical detour to discuss Dorr’s rebellion and the justiciability of constitutional provisions.…
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How to Build a Nation in 15 Weeks
Introducing a new podcast from Patterson Belknap Webb & Tyler LLP. Who we are and what we do. The constant presence of the constitution in our daily civic life, and the benefits of discussing and learning from it. General approach for the podcast. The limitations of the Articles of Confederation, Shay’s rebellion, and the fear of anarchy among the political elite. The Annapolis Convention, and the Confederation Congress’s blessing of the Constitutional Convention (within limits). The selection of delegates for the Convention, and who was (and wasn’t) represented. Washington meets with Franklin, and the large states plot their first move.…
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