Our Constitution

In Article V of the Constitution, the Framers provided for the Constitution to be amended, but the Constitution’s meaning changes in other ways. This podcast examines the mechanics of formally amending the Constitution under Article V and how the Constitution’s meaning has evolved in response to historical events, social movements, and Supreme Court decisions by looking at several key moments in the development of constitutional law throughout the nation’s history. The podcast discusses concepts such as penumbral reasoning, extra-textual values and principles, and the small “c” constitution.

What were the Framers’ objectives when they structured the Constitution? This podcast centers the Constitution in its historical context, examining challenges the Framers’ faced in establishing the federal government, the reasons for the framework they adopted, and alternatives the Framers considered and discarded. In particular, this podcast considers the choices the Framers made when allocating federal power among the three branches of government.

Although the Constitution serves as the Supreme Law of the Land, how should its provisions be interpreted over two hundred years after it was drafted? The Supreme Court of the United States sometimes relies on certain methods of interpretation—that is, ways of interpreting a particular constitutional provision. This two-part podcast describes the most common methods of constitutional interpretation; discusses examples of Supreme Court decisions that demonstrate the application of these methods; and provides a general overview of the various arguments in support of, and in opposition to, the use of such methods of constitutional interpretation. Part I discusses two of the most commonly used methods of constitutional analysis: textualism and originalism.

Although the Constitution serves as the Supreme Law of the Land, how should its provisions be interpreted over two hundred years after it was drafted? The Supreme Court of the United States sometimes relies on certain methods of interpretation—that is, ways of interpreting a particular constitutional provision. This two-part podcast describes the most common methods of constitutional interpretation; discusses examples of Supreme Court decisions that demonstrate the application of these methods; and provides a general overview of the various arguments in support of, and in opposition to, the use of such methods of constitutional interpretation. Part II discusses six methods of constitutional analysis, including the use of historical practices, practical considerations, and the Constitution’s structure to elaborate on its meaning.