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  • Faith Without Force
    2026/08/08
    Who should decide what Americans believe—and what happens when government takes a side? The First Amendment prohibits the establishment of religion while protecting its free exercise. But the phrase most closely associated with that principle—a "wall of separation between church and state"—does not appear in the Constitution. It comes from an 1802 letter written by President Thomas Jefferson to a group of Baptists in Danbury, Connecticut. In this episode of America at 250: Due Diligence, Bill Bernardoni and Steve Herman trace the origins of religious liberty from the persecution of dissenting Christians in colonial Virginia to today's debates over Christian nationalism, the Ten Commandments in public schools, and whether the United States should be considered a Christian nation. Historian John Ragosta takes us back to colonial Virginia, where the Church of England was the official, tax-supported church. Baptists, Presbyterians, Quakers, and other dissenters faced discrimination, violence, and imprisonment. More than half of Virginia's Baptist ministers spent time in jail, often for preaching without government permission. Ragosta explains that these dissenters were not demanding freedom from religion. They were deeply religious people who believed government interference corrupted genuine faith. As the American Revolution approached, their political support became essential—and they demanded an end to church taxes, religious restrictions, and state control over marriage, poor relief, and the placement of orphaned children. Their struggle helped shape the Virginia Statute for Religious Freedom, Jefferson's letter to the Danbury Baptists, and the First Amendment. Ragosta argues that figures such as Jefferson and James Madison saw religious liberty not only as a political principle, but as a safeguard against the persecution and conflict that followed whenever government claimed the authority to define legitimate belief. Russell Moore, editor of Christianity Today and a former Southern Baptist Convention ethics leader, brings that history into the present. Moore explains why Baptists once stood among the strongest defenders of church-state separation—and why he believes parts of the modern Christian nationalist movement have abandoned that tradition. Moore considers the debate over posting the Ten Commandments in public schools, the difference between teaching students about religion and imposing religious belief, and the difficult question of who decides which version of scripture receives government approval. He argues that faith spreads through individual conviction and persuasion, not through laws, political power, or state decree. From imprisoned Baptist ministers and Jefferson's "wall of separation" to public-school classrooms and the modern Christian nationalist movement, Faith Without Force examines why some of America's most committed believers fought so fiercely to keep government out of religion. The separation of church and state was not necessarily created because the founders believed religion was dangerous. Many believed faith was too important to entrust to political leaders—and that once government gained the power to promote one religion, it also gained the power to suppress another. About the Guests John Ragosta is a historian and author whose work focuses on religious liberty, religious dissent, and the founding era. His research examines the experiences of Baptists, Presbyterians, Quakers, and other dissenters who challenged established religion in colonial and revolutionary Virginia. Russell Moore is the editor in chief of Christianity Today and a prominent evangelical author and commentator. He previously led the Southern Baptist Convention's public-policy and religious-liberty organization. About the Hosts Bill Bernardoni is the founder of Bernardoni Media & Marketing and an experienced radio and podcast host, producer, political strategist, and media consultant. His work has included producing national radio programs, developing podcasts and digital media projects, and advising political campaigns and public-policy organizations. Steve Herman is an award-winning journalist and former Voice of America White House bureau chief. During his decades-long career in international journalism, he has reported from more than 70 countries and covered the White House, diplomacy, national security, natural disasters, and conflicts around the world. Join the Conversation Does separating church and state protect Americans from religion—or does it protect religious faith from political power? Share your thoughts with us at RadioFreeAmerica.media. America at 250: Due Diligence is produced with support from the Radio Free America Project and the Jordan Center for Journalism Advocacy and Innovation at the University of Mississippi School of Journalism and New Media.
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    57 分
  • The Free Press On Trial
    2026/08/01
    America at 250: Due Diligence goes live from the National Press Club in Washington, D.C., for a special hour recorded in the Club's First Amendment Room. As the country marks its 250th year, hosts Bill Bernardoni and Steve Herman convene a conversation on the state of a free press, introduced by National Press Club president Mark Schoeff Jr. of CQ Roll Call. The episode opens with a statement from Catherine Herridge, the Emmy Award-winning investigative correspondent who has covered national security and intelligence for ABC, Fox, and CBS. Herridge was held in civil contempt in February 2024 for refusing to disclose the confidential sources behind a 2017 series of national security reports for Fox News. The case arises from a Privacy Act lawsuit brought against four federal agencies by Yanping Chen — not a defamation claim against Herridge's reporting — and key evidence in it remains under seal. On July 2, the Supreme Court denied Herridge's request to halt an $800-a-day contempt fine; she describes making her first payment, the toll on her family, and her legal team's plans to petition the Supreme Court for review later this summer. A panel of journalists and First Amendment lawyers then takes up her case and its wider implications. Toni Locy, who spent 25 years reporting for outlets including the Washington Post, USA Today, and the Associated Press before joining the Washington and Lee University journalism faculty, was herself held in contempt in 2008 for refusing to name sources behind her USA Today reporting on the FBI's flawed investigation of the 2001 anthrax attacks — and describes fighting escalating fines without ever naming a source or spending a day in jail. Laura Handman, a Davis Wright Tremaine partner with four decades representing publishers and broadcasters in First Amendment litigation, and Eric Hageman, a Clare Locke LLP partner who represented Dominion Voting Systems in its case against Fox News, bring opposing vantage points — media defense and plaintiff-side defamation — to the conversation. In this episode: The FBI's pre-dawn search of Washington Post reporter Hannah Natanson's home and seizure of her devices, and the Privacy Protection Act questions it raisedJustice Department subpoenas served on New York Times reporters, including phone records tied to coverage of the president's return flight from QatarProspects for a federal shield law (the PRESS Act) and Rep. Jamie Raskin's efforts to revive itState anti-SLAPP laws and how they discourage lawsuits designed to shake down news organizationsWhether the Supreme Court should reconsider New York Times v. Sullivan and the "actual malice" standardThe Dominion v. Fox News settlement and its influence on defamation doctrineLawsuits brought by President Trump against news organizations, including settlements with ABC and CBS, weighed against Teddy Roosevelt's own defamation suit against a newspaperLegal fights over editorial independence at Voice of America and Stars and StripesAudience questions on shield-law prospects, leak investigations, and public trust in the media Guests Catherine Herridge — Emmy Award-winning investigative correspondent; formerly with ABC, Fox, and CBS; reported from Afghanistan, Iraq, Qatar, Israel, Northern Ireland, Russia, and the former Yugoslavia; graduate of Harvard and the Columbia Journalism School, where she founded a national security reporting scholarship; now an independent journalist on X, YouTube, and via her newsletter. Toni Locy — Journalism faculty, Washington and Lee University; 25-year reporting career at the Pittsburgh Press, Philadelphia Daily News, Boston Globe, Washington Post, U.S. News & World Report, USA Today, and the Associated Press; holds a master's in law studies from the University of Pittsburgh School of Law. Laura Handman — Partner, Davis Wright Tremaine; executive committee, Reporters Committee for Freedom of the Press; four decades of First Amendment litigation for U.S. and foreign publishers and broadcasters. Eric Hageman — Partner, Clare Locke LLP; represents individuals, corporations, nonprofits, and religious institutions in defamation litigation; author of merits and amicus briefs before the U.S. Supreme Court and federal courts of appeals. Credits Hosted by Steve Herman and Bill Bernardoni. Executive Producers: Steve Herman and Bill Bernardoni. Audio production by Bill Bernardoni of Bernardoni Media & Marketing. Recorded live at the National Press Club, Washington, D.C., July 21, 2026; portions recorded at WUMS Radio, Oxford, Mississippi. Support for the program comes from the Radio Free America™ Project and the Jordan Center for Journalism, Advocacy and Innovation at the University of Mississippi School of Journalism and New Media. More information: newslab.org Comments: RadioFreeAmerica.medi
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    57 分
  • Making Friends: Benjamin Franklin and America's First Public Diplomacy Campaign
    2026/07/25

    Before the United States could win its independence, it had to convince the world that the American experiment was worth supporting.

    The thirteen colonies had no navy, no national treasury, and little credibility among Europe's great powers. Defeating the British Empire would require more than success on the battlefield. The revolutionaries needed weapons, loans, trade, diplomatic recognition, and powerful foreign allies. They also had to persuade European leaders and ordinary citizens that a collection of rebellious colonies could become a stable and successful nation.

    In this episode of America at 250: Due Diligence, Bill Bernardoni and Steve Herman present an edited version of a panel recorded at a Public Diplomacy Council of America forum at George Washington University. Cultural critic Martha Bayles, public diplomacy scholar Dr. Caitlin Schindler, and author Eric Weiner examine how Benjamin Franklin, John Adams, and other American representatives practiced public diplomacy long before the term existed.

    Bayles explores the sharply different diplomatic styles of Franklin and Adams. Franklin arrived in France already celebrated as a scientist, inventor, and writer. His plain clothing, fur cap, wit, manners, and carefully cultivated public image allowed him to appear both distinctly American and perfectly at home among the French elite. Adams was less comfortable with the customs and excesses of the French court, but his skepticism about power and human nature reflected another important strand of the American political tradition.

    Schindler explains how Franklin and his colleagues used the eighteenth century's most powerful communications technology—the printing press—to combat British propaganda and influence European opinion. They developed relationships with foreign publishers, placed information in European newspapers, and arranged translations of the Declaration of Independence, the Articles of Confederation, and state constitutions. Those documents did more than explain the reasons for the Revolution. They helped demonstrate that the emerging country possessed the political institutions and stability necessary to become a credible ally, trading partner, and investment.

    Weiner presents Franklin as America's first international celebrity and one of the Revolution's most effective diplomatic operators. Franklin worked with the limited resources available to him, understood how the French viewed the conflict, built relationships in salons and scientific societies, used humor to disarm opponents, and appealed to the larger ideals behind the American cause. He also knew when not to respond, sometimes waiting 24 hours before sending an angry letter—and frequently deciding not to send it at all.

    The panel considers what Franklin's approach can teach the United States today, particularly his preference for softer language, his ability to maintain relationships across political and religious differences, and his understanding that influence often depends on listening, adapting, and seeing the world through another person's eyes.

    Questions from the audience expand the discussion to the American Revolution's influence on France, the global reach of American popular culture, the founders' possible reaction to modern political discourse, relations with Native American nations, the overlooked roles of women during the Revolution, and the eventual creation of a professional United States Foreign Service.

    It is the story of how a country that did not yet officially exist persuaded the world to take it seriously—and how Benjamin Franklin helped transform a vulnerable rebellion into an international cause.

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    57 分
  • The Power of War
    2026/07/17

    Who decides when the United States goes to war?

    The Constitution divides that responsibility between Congress and the president. Congress possesses the power to declare and fund war, while the president serves as commander in chief. But from the earliest years of the republic, the boundary between those powers has been tested, stretched, and frequently blurred.

    In this episode of America at 250: Due Diligence, Bill Bernardoni and Steve Herman trace the evolution of American war powers from Thomas Jefferson's campaign against the Barbary powers to Korea, Vietnam, Iraq, Afghanistan, Iran, and Venezuela.

    Author Joseph Wheelan takes us back to the beginning of the 19th century, when American merchant ships and sailors were being seized by the Barbary corsairs. Jefferson sent the young United States Navy into combat without requesting a formal declaration of war, while Congress financed the operation and allowed it to continue. That early confrontation established a precedent that later presidents would repeatedly invoke.

    Retired Army Brigadier General Ernie Audino argues that the Constitution gives the commander in chief the authority to commit American forces to combat, while Congress retains the power to raise the military and stop financing a conflict. Drawing on nearly three decades of military service, Audino also explains why political leaders must clearly define the objective of a war before asking service members to fight it—and considers the difficult questions created by artificial intelligence and autonomous weapons.

    Former Illinois Congressman and Air Force combat veteran Adam Kinzinger offers a perspective shaped by both the cockpit and Capitol Hill. He argues that presidents sometimes need the flexibility to act quickly, but Congress has too often surrendered its own constitutional authority. A lasting military campaign, Kinzinger says, requires more than presidential orders: Congress must participate, the mission must be clearly explained, and the American people must be brought along.

    From Tripoli to Pearl Harbor, Korea, Vietnam, and the conflicts of the 21st century, The Power of War examines what happens when formal declarations disappear but the consequences of war remain.

    The Constitution did not give the power of war to a single branch. It divided that power so that no one person or institution could own the decision alone. But that system works only when both Congress and the president are willing to accept responsibility.

    About the Guests

    Joseph Wheelan is a journalist, historian, and author who spent 24 years as a reporter and editor for The Associated Press. He is the author of Jefferson's War: America's First War on Terror, 1801–1805, which examines Thomas Jefferson's confrontation with the Barbary powers and the development of the early United States Navy.

    Brigadier General Ernie Audino, U.S. Army (Ret.), served nearly three decades in the Army, including as executive assistant to the vice chairman of the Joint Chiefs of Staff. He also spent a year embedded as a combat adviser with Kurdish Peshmerga forces in Iraq, becoming widely recognized as the only American general officer to have served in that capacity.

    Adam Kinzinger is a former Republican congressman from Illinois who served six terms in the U.S. House of Representatives, including on the House Foreign Affairs Committee. A lieutenant colonel in the Air National Guard, he flew combat missions in Iraq and Afghanistan.

    About the Hosts

    Bill Bernardoni is the founder of Bernardoni Media & Marketing and an experienced radio and podcast host, producer, political strategist, and media consultant. His work has included producing national radio programs, developing podcasts and digital media projects, and advising political campaigns and public-policy organizations.

    Steve Herman is an award-winning journalist and former Voice of America White House bureau chief. During his decades-long career in international journalism, he has reported from more than 70 countries and covered the White House, diplomacy, national security, natural disasters, and conflicts around the world.

    Join the Conversation

    When should a president be permitted to order military action without first receiving authorization from Congress—and when should Congress be required to vote?

    Share your thoughts with us at RadioFreeAmerica.media.

    America at 250: Due Diligence is produced with support from the Radio Free America Project and the Jordan Center for Journalism Advocacy and Innovation at the University of Mississippi School of Journalism and New Media.

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    59 分
  • One Toke Over the Line: Prohibition, Marijuana, and the Limits of Federal Power
    2026/07/11

    Alcohol prohibition required the Constitution twice—once to impose it and once to repeal it. Marijuana prohibition took a different path, imposed through federal law even as a growing number of states have chosen legalization.

    In this episode of America at 250: Due Diligence, Steve Herman and Bill Bernardoni examine how national prohibition takes hold, what happens when Americans refuse to comply, and how conflicts between federal and state power can reshape the law.

    Historian Richard Hamm explains how nearly a century of temperance organizing, religious activism, women's groups, and state-level campaigns culminated in the Eighteenth Amendment. He describes how the Anti-Saloon League pioneered modern lobbying, how World War I weakened the alcohol industry's political resistance, and why enforcement varied dramatically from one community to another.

    Yale Law professor Robert Post explores how Prohibition transformed the Supreme Court and the federal judiciary. The enormous enforcement burden helped produce major developments in search-and-seizure law, automobile searches, electronic surveillance, privacy rights, and the Court's control over its own docket. Post also explains how former President William Howard Taft used his executive experience to reshape the role of the chief justice and modernize the federal court system.

    Vanderbilt Law professor Robert Mikos brings the debate into the present. He explains why the federal government needed a constitutional amendment to impose alcohol prohibition but has used its Commerce Clause authority to prohibit marijuana. He also examines the Tenth Amendment's anti-commandeering principle, which allows states to decline to enforce federal marijuana policy even though they cannot repeal federal law.

    Together, the conversations reveal a recurring American dilemma: What happens when Washington establishes a national rule, but the states, local authorities, and much of the public no longer accept or enforce it?

    About the Hosts

    Steve Herman is a veteran journalist and former White House bureau chief for Voice of America. During his international reporting career, he covered the White House, national security, diplomacy, politics, and major events across the United States and around the world.

    Bill Bernardoni is the founder of Bernardoni Media & Marketing and an experienced radio and podcast producer, political communications professional, and broadcaster. He has produced nationally distributed programming for media organizations, public-policy groups, authors, journalists, and independent hosts.

    About the Guests

    Richard F. Hamm is a Distinguished Teaching Professor of History and Collins Fellow at the University at Albany, State University of New York. A leading historian of American Prohibition, he is the author of Shaping the Eighteenth Amendment: Temperance Reform, Legal Culture, and the Polity, 1880–1920.

    Robert C. Post is Sterling Professor of Law at Yale Law School and served as the school's dean from 2009 to 2017. He is a constitutional-law scholar and the author of The Taft Court: Making Law for a Divided Nation, 1921–1930.

    Robert A. Mikos holds the LaRoche Family Chair in Law at Vanderbilt Law School and is a leading authority on federalism, marijuana law, and the relationship between state legalization policies and federal drug regulation.

    Join the Conversation

    When a federal prohibition remains on the books but states and much of the public have moved in another direction, should Washington continue enforcing the national rule—or formally return the decision to the states?

    Share your thoughts with us at RadioFreeAmerica.media.

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    58 分
  • Power Struggle: Energy, Climate, and the Future
    2026/07/04
    In April 1977, Jimmy Carter told the country that solving its energy crisis would take sacrifice — that the alternative might be, in his words, a national catastrophe. Nearly fifty years later, the crisis looks different. The gas lines are gone. In their place: climate change, an aging power grid, and data centers that are starting to draw more electricity than entire cities. But the underlying argument hasn't moved an inch. Who decides what America builds? Who pays for it? And who has the authority to make that call — Washington, the states, or nobody at all? The Constitution says almost nothing about energy. The founders could not have imagined a national electric grid, let alone artificial intelligence data centers competing with homes and hospitals for power. And yet nearly every major energy decision in American history — who builds what, who pays for it, who bears the cost when it goes wrong — traces back to questions about the proper role of government that the country has never fully settled. The fight is about electricity. But it is also about something larger: federal power versus state authority, private property versus the public interest, and whether government should plan a transition or simply get out of the way. It is a country where the grid was built one boondoggle, one monopoly, and one act of Congress at a time — and where the same argument that played out over canals and pipelines in the nineteenth century is now playing out over data centers and solar farms in the twenty-first. The modern energy debate has three inflection points. In 1937, Franklin Roosevelt dedicated the Bonneville Dam and defended the federal government's role in bringing electricity to communities private utilities wouldn't serve — over the objections of those who saw it as government overreach. In 1977, Jimmy Carter told Americans that solving the country's energy crisis would require sacrifice, framing it as "the moral equivalent of war." And in 1981, Ronald Reagan reversed course, decontrolling oil prices and arguing that government should step back and let markets work. Each president left behind a piece of the system Americans still live with today: a grid built around monopoly utilities, a patchwork of federal and state authority, and an unresolved argument about who should be in charge. In this episode of America at 250: Due Diligence, three guests take on the energy debate from three very different vantage points. A historian of energy infrastructure explains why the pipelines, canals, and transmission lines built over two centuries didn't just meet America's demand for power — they created it, and locked in decisions that last for generations. The longest-serving chairman in the history of the Federal Energy Regulatory Commission describes a grid under real strain from extreme weather and an unprecedented surge in demand from data centers, and argues that consumers — not just utilities — have to become active participants in fixing it. And a free-market energy economist at the Cato Institute makes the case that government's job is mostly to get out of the way, warning that decades of political whiplash on energy policy, and the temptation to let planning become monopoly protection, have left the country's biggest questions about affordability and reliability unresolved. Power in both senses of the word. Who builds it. Who controls it. Who pays for it. Hosts Steve Herman Steve Herman is a veteran journalist and former White House Bureau Chief for Voice of America. He brings decades of reporting experience to America at 250: Due Diligence, helping guide the series through the historical, political, and institutional questions that have shaped the United States. • Website: Steve Herman • X: @newsguyUSA Bill Bernardoni Bill Bernardoni is the founder of Bernardoni Media & Marketing and co-host of America at 250: Due Diligence. His work focuses on building, producing, and distributing podcasts and radio programs that bring serious conversations to broad audiences. • Website: Bernardoni Media & Marketing • Blog: The Bernardoni Brief • X: @BillBernardoni Guests Featured in This Episode Professor Christopher F. Jones Christopher F. Jones is an associate professor of history at Arizona State University, where he studies the intersections of energy, technology, and the environment. He is the author of Routes of Power: Energy and Modern America (Harvard University Press, 2014). • Personal site: christopherfjones.com • X: @EnergyHistorian Jon Wellinghoff Jon Wellinghoff is the CEO and founder of GridPolicy, Inc. He was appointed to the Federal Energy Regulatory Commission by President George W. Bush in 2006 and named chairman by President Barack Obama in 2009, serving until 2013 — the longest tenure of any chairman in the agency's history. • GridPolicy: gridpolicy.com Travis Fisher Travis Fisher is the director of ...
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    59 分
  • The First Shot: 27 Words, 230 Years, and a Fight That Isn't Over
    2026/06/27
    Twenty-seven words. That is the entire text of the Second Amendment to the United States Constitution. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. And for more than two centuries, Americans have been arguing about what those twenty-seven words mean — in courtrooms, in statehouses, in campaign ads, and in the streets. The fight is about guns. But it is also about something larger: liberty and public safety, individual rights and democratic government, what the Constitution meant in 1791 and what it can mean in a country the founders could not have imagined. A country with more than 400 million firearms in civilian hands. A country where gun violence is now the leading cause of death among children and teenagers. A country still working out, case by case and law by law, where one of its foundational rights ends and the government's interest in safety begins. The modern legal landscape begins with District of Columbia v. Heller in 2008, when the Supreme Court ruled 5–4 that the Second Amendment protects an individual right to keep and bear arms for self-defense — overturning nearly two centuries of jurisprudence that had centered the right on the organized militia. Fourteen years later, New York State Rifle & Pistol Association v. Bruen raised the stakes further, instructing courts to evaluate the constitutionality of gun laws not by weighing their public safety benefits, but by asking whether they are consistent with the nation's historical tradition of firearms regulation. And in 2026, Virginia became the latest front in that fight, enacting one of the most significant state-level assault weapons bans in the country — drawing immediate legal challenges from gun rights groups and setting up a confrontation that may reach the Supreme Court. In this episode of America at 250: Due Diligence, three guests take on the Second Amendment from three very different vantage points. A constitutional scholar walks through the legal architecture from the founding era through Heller and Bruen, including the uncomfortable racial history embedded in originalist jurisprudence. A Virginia state delegate and combat veteran who spent seven years pushing an assault weapons ban explains what it took to get it done — and what his time under fire in Iraq and Afghanistan taught him about the weapons at the center of this debate. And a constitutional attorney who has argued Second Amendment cases before the Supreme Court makes the case that the Virginia law, like every other assault weapons ban, is unconstitutional — and that the most popular rifle in America is firmly on the protected side of the line Congress drew in 1934. Twenty-seven words. Two hundred and thirty years. And the argument persists. Hosts Steve Herman Steve Herman is a veteran journalist and former White House Bureau Chief for Voice of America. He brings decades of reporting experience to America at 250: Due Diligence, helping guide the series through the historical, political, and institutional questions that have shaped the United States. • Website: Steve Herman • X: @newsguyUSA Bill Bernardoni Bill Bernardoni is the founder of Bernardoni Media & Marketing and co-host of America at 250: Due Diligence. His work focuses on building, producing, and distributing podcasts and radio programs that bring serious conversations to broad audiences. • Website: Bernardoni Media & Marketing • Blog: The Bernardoni Brief • X: @BillBernardoni Guests Featured in This Episode Professor Joseph Blocher Joseph Blocher is the Lanty L. Smith '67 Distinguished Professor of Law at Duke University School of Law and the Co-Founder and Faculty Director of the Duke Center for Firearms Law. His scholarship on gun rights and regulation has been cited by the Supreme Court and nearly every federal court of appeals. He is the co-author of The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018), one of the most widely cited works in the field, as well as The Second Amendment: Gun Rights and Regulation (Foundation Press, 2025). He has testified before House and Senate committees and written for The New York Times, The Washington Post, and other major publications. • Duke Law faculty page: Joseph Blocher • Duke Center for Firearms Law: firearmslaw.duke.edu Delegate Dan Helmer Dan Helmer represents Virginia's 10th District in the House of Delegates. A graduate of the United States Military Academy at West Point and a Rhodes Scholar (Wolfson College, Oxford), he served as an Army Intelligence and Armor Officer with combat tours in Iraq and Afghanistan and continues to serve as a Lieutenant Colonel in the U.S. Army Reserve. He was the chief patron of the Virginia House Companion Bill for the Commonwealth's 2026 assault weapons ban — legislation ...
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    56 分
  • The State of Control: Federalism and the Limits of Federal Power
    2026/06/20
    As America approaches its 250th anniversary, America at 250: Due Diligence turns to one of the oldest unsettled arguments in American life—not whether to have a national government, but how much of one. Where should power actually live: close to the people, in the states and towns where most Americans spend their lives, or at the center, in Washington? The argument was there before the ink was dry. Inside the Constitutional Convention of 1787, James Madison pushed for what became known as the "federal negative"—a congressional veto over state laws—and lost. The states were too protective of their authority and too wary of a powerful national government to surrender that kind of control. What emerged instead was what Madison called a "compound republic": a national government strong enough to provide for defense, regulate trade and raise its own revenue, layered over states that retained broad responsibility for the everyday business of governing. It was a balance built through compromise—including compromises that preserved slavery and embedded protections for it within the constitutional order. That balance has been renegotiated ever since, almost always under pressure. In 1937, after the Supreme Court struck down several New Deal programs, Franklin Roosevelt proposed adding as many as six justices to the Court. His plan failed, but during the same period the Court began upholding major economic regulations and federal programs, helping establish a much broader understanding of national power. In 1962, federal marshals and troops enforced a court order allowing James Meredith to become the first Black student to enroll at the University of Mississippi. In 1965, Lyndon Johnson urged Congress to pass the Voting Rights Act, providing the strongest federal enforcement of the Fifteenth Amendment since Reconstruction. And in 1981, Ronald Reagan stood on the inaugural platform and declared that the federal government did not create the states—the states created the federal government. Today, the same argument is live again: in clashes over immigration enforcement and the deployment of federal forces within states; in disputes over who controls election administration; in mid-decade redistricting and gerrymandering battles; and in the narrowing reach of federal voting-rights protections after Shelby County v. Holder and subsequent Supreme Court rulings. To trace the original architecture, where it has been tested and where it stands now, this episode brings together three very different voices: a constitutional law scholar who argues that most domestic governing was designed to remain close to home; a political scientist who examines what has happened when fundamental rights were left to the states to protect; and a constitutional lawyer who contends that the federal government has moved far beyond the limited, enumerated powers the Constitution grants it. Together, they wrestle with a question that runs through 250 years of American history: Is federalism a safeguard the founders wisely built into the Constitution to prevent any one level of government from becoming too powerful—or can it become an excuse, dressing the denial of rights in the language of local self-government? Federalism can be both. The fight is over which one it is. Hosts Steve Herman Steve Herman is a veteran journalist and former White House Bureau Chief for Voice of America. He brings decades of reporting experience to America at 250: Due Diligence, helping guide the series through the historical, political, and institutional questions that have shaped the United States. Website: Steve Herman X: @newsguyUSA Bill Bernardoni Bill Bernardoni is the founder of Bernardoni Media & Marketing and co-host of America at 250: Due Diligence. His work focuses on building, producing, and distributing podcasts and radio programs that bring serious conversations to broad audiences. Website: Bernardoni Media & Marketing Blog: The Bernardoni Brief X: @BillBernardoni Guests Featured in This Episode Randy E. Barnett Randy E. Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center and faculty director of the Georgetown Center for the Constitution. A former felony prosecutor in the Cook County State's Attorney's Office, Barnett argued the medical-marijuana case Gonzales v. Raich before the U.S. Supreme Court and was one of the lawyers representing the National Federation of Independent Business in its constitutional challenge to the Affordable Care Act. He is the author or co-author of numerous books on the Constitution, including Restoring the Lost Constitution: The Presumption of Liberty and The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit. In this episode, Barnett explains the original architecture of Madison's "compound republic"—and why he believes national authority has expanded far beyond the domestic role the founding generation envisioned. Faculty Profile: Randy E. ...
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    59 分