In this Independence Day episode of This Constitution, Matthew Brogdon is joined by Dr. Jane Calvert, Director of the John Dickinson Writings Project and author of Penman of the Revolution. Together, they explore the legacy of John Dickinson, one of America’s most influential yet often overlooked founders.

Best known for Letters from a Farmer in Pennsylvania, Dickinson was a leading advocate for colonial rights but notably opposed the rush toward independence. Jane explains how Dickinson’s belief in natural rights, his cautious approach to revolution, and his commitment to unity positioned him as both a voice of reason and a strategic architect of America’s founding.

Matthew and Jane dive into Dickinson's critical contributions to the Articles of Confederation, his overlooked role in shaping early American foreign policy, and how he continued to influence the nation, leading troops, freeing enslaved people, and playing a vital part in the Constitutional Convention.

If you think the American Revolution was driven only by firebrands and radicals, this episode will challenge that view and reveal how one of the most cautious founders helped lay the foundation for American independence and unity.

In This Episode

• (00:00:37) Introduction
• (00:00:27) Dickinson’s Letters from a Farmer in Pennsylvania
• (00:01:22) Sources of rights: British law vs. natural rights
• (00:03:45) Dickinson’s ambivalence toward independence
• (00:06:20) Colonial status and constitutional debates
• (00:07:21) Dickinson’s views on Parliament, trade, and executive power
• (00:11:08) The onset of war and Dickinson’s role in Congress
• (00:12:23) The Olive Branch Petition and the Declaration of Taking Up Arms
• (00:17:10) Dickinson’s strategic use of time and preparation for war
• (00:19:29) Dickinson’s leadership in the Pennsylvania militia and committees
• (00:20:36) Congressional debates: diplomacy, union, and independence
• (00:21:58) Dickinson’s position on independence and committee work
• (00:24:01) Drafting the Articles of Confederation and the Model Treaty
• (00:29:10) Dickinson’s post-Declaration statesmanship
• (00:31:51) Dickinson’s role in the Federal Convention and later life
• (00:35:36) Conclusion and legacy

Notable Quotes

• (02:32) "Dickinson was one of the earliest people who said, actually, that is not right. Our rights are not bestowed upon us by any kind of paper or parchment. They come to us from God" — Jane Calvert
• (05:51) "Understand that from the vantage point of the 1760s and early 1770s, the safest course for securing rights was within the confines of the British Constitution." — Jane Calvert
• (06:28) “The British considered themselves to have a constitution. They had certain institutional relationships, just like we argue over the relationship between the President and Congress and the relationship between the federal government and the states.”— Matthew Brogdon
• (16:14) "Dickinson’s goal with the Declaration was to produce such apprehensions in the British that they would think twice about coming over here." — Jane Calvert
• (24:08) "If Dickinson had supported independence, he would have written the Declaration." — Jane Calvert
• (26:37) "The model treaty Dickinson helped draft became the blueprint for American foreign policy until World War II." — Jane Calvert
• (26:45) "So it is a shame in a way that when we think about the Continental Congress, we often think about the Declaration of Independence and the conduct of the war. But forget some of these other crucial things that are happening and don't really happen,." — Matthew Brogdon

What happens when nine unelected judges have the final say on the most divisive questions in American life? In this episode of This Constitution, Savannah Eccles Johnston and Matthew Brogdon break down the Supreme Court’s most consequential and contentious tool: judicial review.

They explore how this authority allows nine unelected justices to strike down laws, reshape policy, and act as a final check on Congress and the presidency. But where does this power actually come from? Is it rooted in the Constitution or in political tradition? And does it strengthen or weaken democracy?

Savannah and Matthew examine the origins of judicial review, from the Supremacy Clause to Marbury v. Madison, and how the courts have used this power to decide the nation’s most polarizing issues—from marriage equality to abortion rights. They also unpack the tension between constitutional stability and democratic self-rule, and why judicial review has become both a cornerstone of American government and a lightning rod for controversy.

In This Episode

• (00:00:15) Judicial Review: Introduction and definition
• (00:01:26) Scope and constitutional basis
• (00:03:13) Judicial review in Article III and historical assumptions
• (00:04:01) Marbury v. Madison and early judicial review
• (00:05:25) Hamilton, Federalist 78, and popular sovereignty
• (00:07:05) Jefferson vs. Hamilton: The dead hand of the past
• (00:08:31) Jefferson’s revolutionary perspective
• (00:12:06) Judicial review as upholding the original bargain
• (00:12:47) Amendments and overturning Supreme Court decisions
• (00:15:09) Marbury v. Madison and precedents
• (00:19:01) Frequency and notification of judicial review
• (00:20:22) Political impact of Marbury v. Madison
• (00:23:01) Judicial review and modern controversies
• (00:25:33) Congressional response to Supreme Court decisions
• (00:28:28) The Supreme Court’s aristocratic nature and democratic tension
• (00:29:32) Judicial review as a tool of national majorities
• (00:31:36) Deliberation and the Court’s effect on democracy
• (00:34:20) When should the Court intervene?
• (00:35:31) Origins and alternatives to judicial review
• (00:39:09) Judicial review: Supreme but not final

Notable Quotes

• (00:51) “When judges declare a law unconstitutional, they're saying that the law is in effect, unenforceable.”— Matthew Brogdon
• (01:53) “There's one provision in article six and what's called the Supremacy Clause that tells state judges they're supposed to declare state laws and constitutional provisions unconstitutional, or declare them void if they conflict with a federal law or the federal constitution.”— Matthew Brogdon
• (05:25) “This is something Alexander Hamilton will talk about in Federalist 78, where he will defend judicial review as a necessary check on legislative power, basically, legislative overreach, violation of rights. And this is very interesting.”— Savannah Eccles Johnston
• (00:09:06) “The hardest thing about revolution is ending it.It's creating a stable government. And the way you do that is stability and veneration in the laws” — Savannah Eccles Johnston
• (15:58) “Marbury is the first time the Supreme Court openly exercises the power of judicial review and declares a federal law unconstitutional.”— Matthew Brogdon
• (00:23:10) “Judicial review is the basis for the court being a co-equal branch of government. It’s what makes them powerful—and potentially problematic in a democratic system.” — Savannah Eccles Johnston
• (00:30:06) “Judicial review is a kind of tool of national majorities to discipline states that want to stay out of the prevailing direction in the country.” — Matthew Brogdon
• (00:39:09) “Judicial review is a supreme power—but not a final power.” — Mat

Abraham Lincoln claimed he only wanted to save the Union. So how did he end up freeing millions of enslaved Americans?

In this special Juneteenth episode, host Savannah Eccles Johnston is joined by Diana Schaub, professor emerita of political science at Loyola University Maryland and nonresident senior fellow at the American Enterprise Institute. A leading Lincoln scholar, Schaub brings deep insight into the political, legal, and moral complexity of emancipation.

Together, they explore how Lincoln’s views on slavery evolved, how he balanced his constitutional oath with his personal convictions, and why his famous executive order—though limited in scope—became the most consequential in American history. The episode also traces the military strategy, legal ambiguities, and political finesse that led to the 13th Amendment and the legacy of Juneteenth.

In This Episode

• (00:00:00) Opening and introduction
• (00:01:16) Lincoln’s stance on slavery and the Constitution
• (00:01:44) Slavery as a state vs. federal issue
• (00:02:18) The battle over territories and the spread of slavery
• (00:03:28) Lincoln’s strategy: Quarantine and gradual extinction
• (00:05:44) Changing Southern attitudes: Slavery as a positive good
• (00:07:14) Lincoln’s efforts with border states and gradual emancipation
• (00:08:41) Decision for executive action: Emancipation Proclamation
• (00:10:51) Scope and strategy of the Emancipation Proclamation
• (00:11:46) Reassuring border states and shaping public opinion
• (00:13:55) Effectiveness of the Emancipation Proclamation
• (00:15:26) African American troops and military impact
• (00:17:19) Legal status of the Emancipation Proclamation post-war
• (00:18:32) The need for the 13th Amendment
• (00:20:16) Lincoln’s political strategy for the 13th Amendment
• (00:22:29) Lincoln’s signature and ratification process
• (00:23:05) Failure of the first House vote
• (00:24:17) Lincoln’s sense of timing and political skill
• (00:25:28) Black troops and the right to vote
• (00:26:31) Civil War: Union vs. abolition motives
• (00:27:32) Gettysburg Address and the moral meaning of the Union
• (00:29:06) Gettysburg Address vs. Second Inaugural Address
• (00:30:31) National responsibility and postwar reconciliation
• (00:33:22) Final reflections and closing

Notable Quotes

• [00:01:45] “Slavery was regarded as a domestic institution... governed at the state level, it was considered a state matter.” — Diana Schaub
• [00:04:36] “Lincoln thought that the Founders put slavery in a position of moral and physical quarantine.” — Diana Schaub
• [00:05:07] “The Southerners took that as the death knell of slavery and were prepared to secede over it.” — Diana Schaub
• [00:14:11] “The Emancipation Proclamation assumes that slaves will take action on their own. It in fact invites them to take action on their own.” — Diana Schaub
• [00:15:45] “By the end of the Civil War, one-fifth of the Union troops were African American.” — Diana Schaub
• [00:26:46] “The Union is everything because the Union has moral worth. It has moral content.” — Diana Schaub
• [00:27:16] “Lincoln believed that if slavery were to have spread into the territories, then it would actually become perpetual.” — Diana Schaub
• [00:32:49] “The point of the theological interpretation is to try to get Americans to transcend those bad passions and move in the direction of charity.” — Diana Schaub