For a serious crime, accusations of treason get thrown around a lot - which is why the framers were very specific about what does and doesn't make you an actual traitor. In fact, treason is the only crime explicitly defined in the U.S. Constitution. In this episode, University of California Davis law professor Carlton Larson explains the difference between treason and espionage, and why most of those guilty of treason will never be convicted.
When a monarch dies, power stays in the family. But what about a president? It was a tricky question that the founders left mostly to Congress to figure out later. In this episode, the National Constitution Center's Lana Ulrich explains the informal rules that long governed the transition of presidential power, and the 25th Amendment, which currently outlines what should happen if a sitting president dies, resigns, or becomes unable to carry out his duties. #civics101pod
In this episode we untangle two terms that are closely related, but not the same: Separation of Powers and Checks and Balances. The framers envisioned a government structure that would consist of three separate branches, each with their own power, in order to avoid having one person or one branch from having full control of the country. University of Minnesota Law Professor Heidi Kitrosser joins us to explain how the Executive, Judicial, and Legislative branches are separated and once separated, how they ensure those powers are kept in check.
One of our listeners sent in a question asking about “the ethics clause”, which forbids presidents from receiving foreign gifts. As it turns out, there isn’t something in the constitution with exactly that title – but there is something called the “Emoluments Clause”, where the founders laid out some rules aimed at combating corruption. In this episode, we look at the language of the Emoluments Clause, and how the founders might have envisioned it working today.
It’s been 25 years since the last constitutional amendment was ratified. How hard is it to change our most sacred document? We discover that there are not one, but two ways to amend the constitution – and one of them has never been used. Walter Olson, senior fellow of the Cato Institute explains that the founders didn’t exactly spell the process out clearly.