Your Weekly Constitutional

We all know that Abraham Lincoln freed the slaves - or did he?And if he did, well then, how did he do it? Where, precisely, would a president find the constitutional power to free slaves, which were then considered "property?" Doesn't the Fifth Amendment require compensation when the government takes our "property?"We're confused. Fortunately, Paul Finkelman clears it all up for us. He's a great storyteller, and it's a fascinating tale. Tune in! Or, rather, download!

Habeas Corpus - "the ancient writ" -- enshrined in the Magna Carta and the United States Constitution. Literally translated, it is a command from a judge to a jailer stating, "Produce the body." The body in question is a prisoner, and the judge who issues such a writ is commanding the government to bring that prisoner into court and to justify his imprisonment.Habeas Corpus is one of the greatest tools a free society has to resist government tyranny, and also the avenue of last resort for those charged with capital crimes. In this episode, we look at one such case, House v. Bell, from Tennessee, in which a man sat on death row for more than 20 years while lawyers used habeas proceedings to try to prove his innocence.Rape and murder, guilt and innocence, conviction and . . . exoneration? Join us and find out.

It's been more than 150 years, and people are still debating the question. We'll talk to Donnie Kennedy, co-author of "The South was Right!" who thinks that much more than slavery was at issue. We'll also talk to James Loewen, who quotes the explanations provided by seceding states themselves in his book, "The Confederate and Neo-Confederate Reader: The 'Great Truth' About the 'Lost Cause.'" So saddle up and join us.

Most of us pray. Many of us pray every day - at home, at work, at church, and in school. So what's the big deal about school prayer? Why have the courts put constitutional restrictions on it, at least in public schools?We'll talk to former Congressman Bill Dannemeyer, who wants to see prayer back in public schools, and with Annie Laurie Gaylor, the Co-President of the Freedom From Religion Foundation, who doesn't.

The First Amendment protects freedom of speech and of the press. But a free press is of limited value without responsible and courageous journalists. Fortunately, such journalists exist, even in tiny little towns tucked away in the mountains. Join us for the story of two such journalists, Jonathan and Susan Austin of the Yancey County News.

Can the government put you in prison just for telling a lie? Even if no money is involved? Even if it's just an old war story?What if you claim to be a hero? What if you didn't win that medal? What if you've never even served?Not such an easy question, is it?

E-I-E-I-O.This one's all about a farm. Roscoe Filburn's farm. And about what happened to Roscoe and to the Commerce Clause when Roscoe decided to grow just a little too much wheat.Here's a hint: the resulting case, Wickard v. Filburn, may just be the linchpin upon which the whole federal health care debate ends up turning.

Eugenics in America. Selective human breeding. Forced sterilization. You heard that right - in America. We'll speak with Edwin Black, author of "War Against the Weak," and with Governor Beverly Perdue of North Carolina, who is trying to help the victims of the now-defunct eugenics program in her state.A fascinating, disturbing episode.

Is the Federal Reserve constitutional?What is the Fed, anyway? And does it have too much power? Who are those guys?We'll talk to United States Senator Rand Paul of Kentucky, one of the Fed's leading critics. We'll also talk to economist Allan Meltzer, author of "A History of the Federal Reserve."This episode is money.

California says it's legal. The Feds say it's not.What's a poor Californian to do?We talk to Steve DeAngelo, star of the Discovery Channel's reality program, Weed Wars, and to Tamara Todd, an attorney who specializes in drug law and the constitutional questions that arise when the states and the federal government follow different drug policies.

The Supremes get to decide the fate of the new federal health care statute, but the rest of us can talk about it, too. We've assembled several knowledgeable and articulate people, including a doctor, other health care professionals, a couple of law professors, and even the Attorney General of the Commonwealth of Virginia, Ken Cuccinelli. There are lots of insights and lots of opinions, all of which makes for a learned and lively discussion.

We've got a new partner, and a new format!The new partner is the Home of the Constitution, James Madison's Montpelier, where the Father of the Constitution spent most of his life, and where he designed many of the basic principles of our Constitution.The new format includes new features, such as the Madison Minute, where each week we'll explore some aspect of James Madison's life, family or thought. It also includes This Week at Montpelier, where we'll discuss the many fascinating things happening all the time at the Home of the Constitution, from archaeology to wine tasting. And you'll notice increased technical quality, especially on the Constitutional Quiz with our Quiz Lady, Kelly Carmichael.But the basic focus of the show hasn't changed. We'll still take a major constitutional topic each week and talk with knowledgeable people about it. If it's controversial, we'll try to get all sides.So think of it as Your Weekly Constitutional, Version 2.0. Take a listen and let us know what you think.

Join us as we put Jesus of Nazareth on trial for his life. Professor Mark Osler and Public Defender Jeanne Bishop present the Trial of Christ at Carson-Newman College with your host, Stewart Harris, as the presiding judge. It's not your standard death penalty debate.

Ever read the Constitution straight through? You really should. It doesn't take that long, and you'll encounter some interesting and surprising things along the way. Did you know, for example, that there is a clause devoted to, of all things, Weights and Measures? And another devoted to Marques of Reprisal? We talk to Jay Wexler, who tells us all about it.

The Plots Against the President.We'll talk to award-winning author Sally Denton about the left-wing assassination attempt on Franklin Roosevelt just before he took office, and the right-wing conspiracy to replace him with a fascist dictator.Whaaa????Yup, they really happened.

Join us for an in-depth tour of James Madison's mansion and estate. We'll scrape away the paint and look behind the walls. We'll even dig up the grounds and rummage around in the foundations. There's a lot of constitutional history here, from Madison's time through the Civil War, the Gilded Age and even including Jim Crow. It's a fascinating journey.

We promised that we'd go back, and now we have. And you can come with us. We'll hear more about the detective work involved in the restoration of James Madison's mansion. We'll also find out how archaeologists are unearthing (literally) hundreds of years of constitutional history at Montpelier, from the Founding Era to Jim Crow. C'mon - let's get diggin'.

Former Governor Haley Barbour of Mississippi is only the latest in a long line of chief executives to issue a heapin' helpin' of pardons just before leaving office -- Richard Nixon, anyone? Anyone? -- How could he do such a thing? How have U.S. Presidents, from George Washington to Barack Obama, exercised the remarkable Pardon Power?

The riveting story of Paul Jennings, who began life as one of James Madison's slaves, who accompanied Madison to Washington, DC, and who eventually purchased his own freedom from Dolley Madison. We'll speak with Elizabeth Dowling Taylor, who chronicles Jennings's amazing story in her new book, "A Slave in the White House."

A brutal rape and murder. A twisted, brilliant defendant. An execution. But did we execute the wrong man? Join us as we talk to Tom Scott, one of the prosecutors in this remarkable case, which garnered international attention and became a focal point in the ongoing debate over the death penalty. Perhaps strangest of all: it all started right here, in tiny, remote and beautiful Grundy, Virginia.