In this episode of Consider the Constitution, host Dr. Katie Crawford-Lackey welcomes back Kendra Johnson, assistant Public Defender in Fairfax, Virginia, to explore the Fourth, Fifth, and Sixth Amendments. Johnson explains how these amendments form the backbone of criminal procedure in America and protect citizens from government overreach.

The discussion begins with an overview of each amendment: the Fourth Amendment protecting against unreasonable searches and seizures, the Fifth Amendment covering rights such as protection against self-incrimination and double jeopardy, and the Sixth Amendment ensuring the right to a speedy trial, impartial jury, and legal counsel. Johnson shares insights into the historical context of these amendments, explaining how the Framers developed these protections in response to abuses they had witnessed under British rule.

The conversation highlights landmark Supreme Court cases that have shaped these rights over time, including Katz v. United States, which established the "reasonable expectation of privacy" standard; Miranda v. Arizona, which created the famous "Miranda warnings"; and Gideon v. Wainwright, which guaranteed the right to an attorney even for those who cannot afford one.

The episode concludes with a discussion of emerging challenges to these constitutional protections in the digital age, including questions about surveillance technology, online trials, and artificial intelligence in the criminal justice system. Johnson emphasizes that these amendments are vital not just for those accused of crimes but for all citizens, as they establish boundaries on government power that protect everyone's liberty regardless of who holds political office.

Host Dr. Katie Crawford-Lackey welcomes Dr. Casey Burgat back to James Madison's Montpelier to discuss his new book, "We Hold These Truths: How to Spot the Myths That Are Holding America Back."

In this compelling conversation with historian Dr. Joshua Rothman from the University of Alabama, we explore the complex relationship between slavery and the U.S. Constitution. Dr. Rothman reveals how the founding document's compromises—from the three-fifths clause to the fugitive slave provision—both protected and perpetuated human bondage while planting seeds for eventual conflict. We discuss how economic forces, technological innovations like the cotton gin, and territorial expansion transformed what founders might have seen as temporary accommodations into entrenched systems that ultimately led to Civil War. Dr. Rothman's insights illuminate the profound contradictions at the heart of American democracy: a nation founded on ideals of freedom while simultaneously codifying and expanding slavery. This episode offers essential context for understanding the constitutional crisis that erupted at Fort Sumter in April 1861.