TheNakedConstitution_hc_LoRes.jpg

The Naked Constitution Podcast

<iframe width=”500″ height=”24″ frameborder=”0″ src=”http://ricochet.com/embed/audio/www.podtrac.com/pts/redirect.mp3/podcast.ricochet.com/the-naked-constitution-episode-1.mp3″></iframe>

In honor of Constitution Day, welcome to my new podcast: The Naked Constitution. It’s a guided tour of the Constitution, and it’s the kind you won’t get at most law schools, where fidelity to the text is considered bad form.  Each week, I’ll be joined by a distinguished panel to discuss what the Founding Fathers said, and why it still matters.

For Episode One, we discuss The Living Constitution vs. The Naked Constitution. I’m joined by Ed Whelan, the president of the Ethics and Public Policy Center, and host of NRO’s Bench Memos Blog, and by our own James Poulos: historian, lawyer, producer at HuffPost Live and a contributor to Forbes and Vice.  In this wide-ranging discussion, the danger of the Living Constitution is exposed with references to Napoleon Bonaparte, flogging, and the “metaphysical aromatherapy” of Planned Parenthood v. Casey.  

For those who hunger for more, please check out my new book — The Naked Constitution: What the Founders Said and Why it Still Matters.

You can subscribe to this podcast through iTunes here. Direct link here.  

  1. genferei

    This was very interesting. What a great addition to the lineup.

    Perhaps it’s in the nature of being the introductory ‘cast and the fluid subject-matter (the ‘living constitution’), but I could perhaps have done with a bit more signposting of where the discussion was going.

    But really it is as close to perfect as can be – and I love the plethora of Ricochet references: really makes it feel ours.

  2. Skarv

    Direct link appears to be broken.

  3. Guruforhire

    I remember listening to hte johne locke lecture series on philisophy, and listening to this podcast reminded me of one of the on-going philisophical disputes.  Does language dictate the thing or does the thing dictate the language.  Mostly I think this is a bunch of clever people talking nonsense trying to sound revolutionary.  But anyway lets apply this dispute to our present situation.

    What is the law, or the constitution really.  Is it the ink on paper, or is it the concept and its practical consequences?  If “The Law” is a concept of the mind, and the ink on paper is the mechanism to record and communicate it, than originalism is the only rational way to interpret the law.  The Law is now what was voted on as they understood it, until something else is voted on to supercede it.  If the law is the ink on the paper and concept is derived from the text, than the living constitution is rational (I think this is nonsense).

  4. Rob Long
    C

    Excellent!  Finally!  Adam, I remember when you were first talking about this book. So excited to read it and hear the podcast.

  5. Daniel Sattelberger

    I’ve tried it a couple times but keep getting an ‘error loading’ message.

  6. SpinozaCarWash

    225 years!  Why, on this day, are we denied a federal holiday?

  7. Albert Arthur

    Can’t wait to listen to this tomorrow morning on the way to work, Adam!

  8. Blue Yeti
    C
    Dan: I’ve tried it a couple times but keep getting an ‘error loading’ message. · 6 minutes ago

    Hang on, Dan. We’re working on it. 

  9. Steven Potter

    Oh, yes please!  

    By the way, Adam, any chance that your book will make it into an electronic format for the Kindle and other eReaders?

  10. Adam Freedman
    C
    Rob Long: Excellent!  Finally!  Adam, I remember when you were first talking about this book. So excited to read it and hear the podcast. · 22 minutes ago

    Thanks, Rob!  Yes, the book has been in the works a long time.  But now, at last, I can confidently say: it makes a great Christmas gift!

  11. Adam Freedman
    C
    Steven Potter: Oh, yes please!  

    By the way, Adam, any chance that your book will make it into an electronic format for the Kindle and other eReaders? · 8 minutes ago

    I do believe there will be a Kindle edition.  But if you get the hardcover, I’ll sign it for you!

  12. Adam Freedman
    C

    Hey all – if you refresh the page now, the podcast should work for you.  I just tried it.  (I think the ACLU was trying to sabotage the podcast).

  13. Bartholomew Xerxes Ogilvie, Jr.

    Links to the MP3 (both the direct link, and the link within the RSS feed) are still broken.

    While I’m at it, any chance you guys could post podcast subscription links in the form of industry-standard RSS feeds? Not everyone uses iTunes, y’know.

  14. Pseudodionysius
    Adam Freedman

    Steven Potter: Oh, yes please!  

    By the way, Adam, any chance that your book will make it into an electronic format for the Kindle and other eReaders? · 8 minutes ago

    I do believe there will be a Kindle edition.  But if you get the hardcover, I’ll sign it for you! · 48 minutes ago

    Do tell how we may make this happen on the hardcover.

  15. Blue Yeti
    C

    Direct link is fixed.  RSS feed for this podcast is:  http://ricochet.com/podcast/feed/members/naked-constitution

  16. Adam Freedman
    C
    Pseudodionysius

    Adam Freedman

    Steven Potter: Oh, yes please!  

    By the way, Adam, any chance that your book will make it into an electronic format for the Kindle and other eReaders? · 8 minutes ago

    I do believe there will be a Kindle edition.  But if you get the hardcover, I’ll sign it for you! · 48 minutes ago

    Do tell how we may make this happen on the hardcover. · 2 minutes ago

    After the book comes out (10/9), send a direct message to my Ricochet inbox, I’ll send you an address you can send the book to – I’ll sign and return. 

  17. Stephen Dawson
    Blue Yeti

    Dan: I’ve tried it a couple times but keep getting an ‘error loading’ message. · 6 minutes ago

    Hang on, Dan. We’re working on it.  · 1 hour ago

    Blue, the message I get on iTunes is ‘Authorization is needed to access …’ and a file name with path. I tried my password a couple of times to make sure I hadn’t mistyped it.

  18. raycon and lindacon

    Thanks Adam and company.  Being a layman with no law training, I have nevertheless spent much of my political interest on understanding the Constitution and hold strongly to my agreement with originalism of the text as understood by the public at the time. 

    If one disagrees, then how about a living mortgage agreement.  A living business partnership.  A living credit card contract.

    Regarding slavery and abortion, punting on slavery and ignoring abortion were part of reaching an agreed upon Constitution for 13 states.

    The Civil War was necessary to resolve the former, and it remains to be seen what level of social cataclysm will be required to resolve the second.  As it stands presently it is clearly a states rights issue within the Constitution, and the Roe v. Wade travesty will almost require that the issue be settled within the Constitution, my hope being that the battle is fought hard, with an abortion amendment prohibiting the practice and defining life as beginning at conception.

  19. Blue Yeti
    C
    Stephen Dawson

    Blue, the message I get on iTunes is ‘Authorization is needed to access …’ and a file name with path. I tried my password a couple of times to make sure I hadn’t mistyped it. · 56 minutes ago

    I see the same error. We’re working on it. Thanks for your patience. 

  20. NormD

    Was this recorded a while ago?

    At point one of the participants suggests that Scalia might vote in favor of ObamaCare.