We the People

We the People

constitutioncenter.org
Constitutional debates from the National Constitution Center hosted by Jeffrey Rosen


American Elections During Crisis
Aug 6 • 54 min
As the coronavirus crisis presents major challenges for voting this November, today’s episode looks backs at past elections during major crises in American history. How were they handled, what were their outcomes, and what are the lessons learned for…
Portland, Protests and Presidential Power
Jul 30 • 52 min
Portland has seen more than 60 consecutive days of protests since the killing of George Floyd. The protests escalated when federal forces were deployed in Portland to protect its federal courthouse, angering protestors and local officials who said they…
The Future of Church and State at SCOTUS
Jul 23 • 58 min
In the term that just wrapped up, the Supreme Court decided several key cases weighing the First Amendment’s protection of free exercise of religion in relation to workers’ rights and antidiscrimination concerns, the separation of church and state, and…
State Attorneys General Keith Ellison and Dave Yost
Jul 16 • 63 min
Last week, host Jeffrey Rosen was joined by Minnesota Attorney General Keith Ellison and Ohio Attorney General Dave Yost for a bipartisan discussion about the role of state attorneys general in addressing policing reform, protests, and other…
Has the Roberts Court Arrived?
Jul 9 • 67 min
The 2019-2020 Supreme Court term recently ended with a series of blockbuster opinions involving presidential subpoenas, religious liberty, abortion, the Electoral College and more. Supreme Court experts Kate Shaw of Cardozo Law School and Ilya Shapiro of…
“What to the Slave is the Fourth of July?”
Jul 2 • 67 min
In 1852, the Ladies Anti-Slavery Society of Rochester, New York, invited Frederick Douglass to give a July Fourth speech. Douglass opted to speak on July 5 instead, and, addressing an audience of about 600, he delivered one of his most iconic speeches…
The Supreme Court’s DACA Decision
Jun 25 • 57 min
Last week, the Supreme Court ruled 5-4 that the Deferred Action for Childhood Arrivals program (DACA) will remain in place, ruling that the Trump administration’s attempts to rescind DACA were “arbitrary and capricious.” This episode details the Supreme…
LGBTQ Employees’ Rights at the Supreme Court
Jun 18 • 54 min
This week, the Supreme Court issued its decision in Bostock v. Clayton County, Georgia and two related cases, holding that an employer who discriminates against or fires an individual for being gay or transgender violates Title VII of the Civil Rights Act…
Live at the NCC: Policing, Protests, and the Constitution Part 2
Jun 11 • 58 min
Last Friday, the National Constitution Center hosted a two-part national Town Hall program on policing, protests, and the Constitution. The wide-ranging discussions covered qualified immunity for police officers, the history of racial inequality, protests…
Live at the NCC: Policing, Protests, and the Constitution Part 1
Jun 11 • 29 min
Last Friday, the National Constitution Center hosted a two-part national Town Hall program on policing, protests, and the Constitution. This episode—which originally aired on our companion podcast Live at the National Constitution Center—features National…
What is Section 230?
Jun 4 • 66 min
Last week, Twitter added a fact-check message to President Trump’s tweets about voter fraud and vote by mail, and a notice that one of his tweets about recent protests violated Twitter’s policy against glorifying violence. In response to the fact-check,…
Voting, Coronavirus, and the Constitution
May 28 • 54 min
Coronavirus has presented difficulties in holding presidential primaries this spring and will continue to pose challenges for the general election. Some states have responded by implementing vote by mail (although those decisions have brought logistical…
“Faithless Electors” Supreme Court Argument Recap
May 21 • 57 min
Last week, the Supreme Court heard oral arguments by teleconference, and the National Constitution Center recapped those arguments live on C-SPAN with advocates on either side of each case. On this week’s episode we’re sharing the recap for the cases…
Supreme Court Remote Argument Recaps Part 2
May 14 • 49 min
This week, the Supreme Court continued to hear oral arguments by teleconference, and the National Constitution Center recapped those arguments live on C-SPAN with advocates on either side of each case. Today we’re sharing the recap for Our Lady of…
The Supreme Court’s First Remote Argument – A Recap
May 7 • 49 min
This week, the Supreme Court heard oral arguments by teleconference, allowing the public to listen in, in real time, for the first time in history. On Monday, the Court heard United States Patent and Trademark Office v. Booking.com—a case about whether…
Will Coronavirus Change Criminal Justice?
Apr 30 • 51 min
The coronavirus pandemic has seriously impacted the criminal justice system—as prisons experience severe outbreaks, states release nonviolent offenders, trials experience delays, and some jurisdictions halt arrests for misdemeanors to keep jail…
Who Has the Power to “Reopen” the Country?
Apr 23 • 52 min
As the United States seems to begin to flatten its curve of new coronavirus cases, President Trump has claimed he has the authority to reopen the economy and the nation. Evaluating that claim in relation to both presidential power under Article II and…
The Supreme Court Goes Remote
Apr 16 • 60 min
On Monday, the Supreme Court announced that it will hear its May oral arguments over the phone, allowing the public to listen in live for the first time. On this episode, host Jeffrey Rosen first interviews Marcia Coyle, chief Washington correspondent for…
Is COVID-19 Hurting Global Democracy?
Apr 9 • 61 min
Responses to the coronavirus pandemic may be posing a danger to democracies around the world—as fault lines in constitutional systems are exposed and some authoritarian leaders attempt to grab broad powers. Two experts on constitutional and international…
Civil Liberties and COVID-19
Apr 2 • 49 min
Some of Americans’ civil liberties—like the freedom to assemble in public, the right to travel, the ability to purchase a gun at a gun store or visit a reproductive health clinic, the freedom to exercise religion by going to church, and more— are…
Governing During Social Distancing
Mar 26 • 44 min
Congress and the courts depend on meeting in-person, so how can they adjust to the coronavirus outbreak and the public health measures necessary to stop its spread – like social distancing – while continuing to meet their constitutional functions? Host…
The Constitution and the Coronavirus
Mar 19 • 54 min
What are the powers of local, state, and federal governments to manage a public health crisis? What legal and constitutional rights do Americans maintain? Jeffrey Rosen explores that question and more with public health law experts Polly Price of Emory…
Louisiana Abortion Law at the Supreme Court
Mar 12 • 37 min
A challenge to the Louisiana abortion law that requires doctors performing abortions to have hospital admitting privileges was heard by the Supreme Court last week. Julie Rikelman of the Center for Reproductive Rights, who argued on behalf of the abortion…
The Future of the CFPB
Mar 6 • 44 min
Richard Cordray, the first Director of the Consumer Financial Protection Bureau from 2012-2017, and Ilya Shapiro, the co-author of an amicus brief in support of Seila Law, joined host Jeffrey Rosen to discuss the Seila Law LLC v. Consumer Financial…
The Executive and the Rule of Law
Feb 27 • 54 min
The controversy over the sentencing of President Trump’s former associate Roger Stone has raised larger questions about the role of the Department of Justice, presidential power, and the rule of law including: Should the president be able to influence…
George Washington’s Constitutional Legacy
Feb 21 • 53 min
Picking up on some of the themes of last week’s episode, historians Lindsay Chervinsky and Craig Bruce Smith discuss how George Washington conceived of civic virtue, honor, and public service both as a general and as president. They explain why, during…
Civic Virtue, and Why It Matters
Feb 13 • 54 min
In these polarized times and in the wake of impeachment – how can we be a better “We the People”? Host Jeffrey Rosen is joined by Margaret Taylor of Lawfare and Adam White of AEI to discuss the values that our founders thought were necessary to uphold…
An Impeachment Trial Recap
Feb 6 • 68 min
This live conversation at George Washington Law School recaps the arguments presented on both sides of the impeachment trial. GW Law professor Andrew Knaggs – who served in the Trump administration’s Department of Defense – presents arguments against…
Will the Equal Rights Amendment be Adopted?
Jan 30 • 46 min
The Virginia legislature ratified the Equal Rights Amendment earlier this month, and Virginia, Illinois, and Nevada filed a lawsuit this morning urging a federal judge to declare that the ERA is now part of the Constitution. This episode explores the…
School Choice and Separation of Church and State
Jan 23 • 57 min
This week, the Supreme Court heard arguments in Espinoza v. Montana Department of Revenue – a case that may have major implications for the free exercise of religion and the future of school choice and public education. The lawsuit asks whether Montana…
The Chief, the Senate, and the Trial
Jan 16 • 35 min
Today, Chief Justice John Roberts was sworn in at the United States Senate to preside over the third presidential impeachment trial in American history. On this week’s episode, Ken Starr, the former independent counsel who investigated President Clinton…
Was the Qasem Soleimani Strike Constitutional?
Jan 9 • 56 min
In this episode, two war powers experts explain and grapple with the legal and constitutional ramifications of the U.S. airstrike that killed Iranian military leader General Qassem Soleimani in Baghdad last week. Did the president have the authority under…
Understanding the Four Executive-Branch-Subpoena Cases
Jan 2 • 53 min
The case that may determine if former White House Counsel Don McGahn must testify before Congress – about whether President Trump obstructed justice during the Mueller investigation – is being argued on appeal tomorrow, January 3rd. And, three other cases…
2019: A Constitutional Year in Review
Dec 26, 2019 • 63 min
2019 saw the impeachment of a president for just the third time in American history, the release of the Mueller report, and court battles over DACA, reproductive rights, and the Affordable Care Act. David French, TIME columnist and senior editor at The…
RBG on Life, Love, Liberty, and Law
Dec 19, 2019 • 70 min
U.S. Supreme Court Justice Ruth Bader Ginsburg joins National Constitution Center President and CEO Jeffrey Rosen to discuss his new book, Conversations with RBG: Justice Ruth Bader Ginsburg on Life, Love, Liberty and Law—an informal portrait of the…
Should President Trump Be Impeached?
Dec 12, 2019 • 83 min
As the House Judiciary Committee unveils articles of impeachment against President Trump, we’re sharing a fascinating two-part conversation on impeachment hosted here at the National Constitution Center on December 2nd. The first panel features leading…
Is There a Constitutional Right to Transport a Gun?
Dec 5, 2019 • 57 min
On Monday, the Supreme Court heard the case New York Rifle and Pistol Association v. the City of New York which centers around a New York City gun regulation prohibiting residents from taking their guns to second homes and shooting ranges outside the…
What Would Madison Think of the Presidency Today?
Nov 28, 2019 • 61 min
The National Constitution Center’s initiative, ‘A Madisonian Constitution for All,’ is launching an essay series where leading scholars explore what James Madison, the “father of the Constitution”, might think about the presidency, Congress, courts, and…
Dueling Platform Policies and Free Speech Online
Nov 21, 2019 • 64 min
Twitter recently announced that it will stop paid political advertising, with Twitter CEO Jack Dorsey asserting that interest in political messaging should be earned, not bought. Meanwhile, Facebook’s CEO Mark Zuckerberg announced that Facebook would not…
Can the Trump Administration End DACA?
Nov 14, 2019 • 49 min
Two years ago, the Trump administration decided to end Deferred Action for Childhood Arrivals (DACA) — a policy enacted under President Obama that deferred the deportation of undocumented people brought to the United States as children. Earlier this week,…
Conversations with RBG
Nov 7, 2019 • 68 min
This week, we’re celebrating the launch of host Jeffrey Rosen’s newest book, Conversations with RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law—an informal portrait of the justice through an extraordinary series of conversations, starting in the…
Is Brexit a British Constitutional Crisis?
Oct 31, 2019 • 59 min
Brexit, the UK’s campaign to leave the European Union, has sparked ongoing political and constitutional controversy. However, the UK doesn’t have a written constitution — it is governed by a set of laws, norms, conventions, judicial decisions, and…
What Does the Constitution Say About Impeachment?
Oct 24, 2019 • 65 min
How should impeachment be carried out, according to the Constitution? This episode explores the constitutional process of impeachment, from investigation and passage of articles of impeachment by the House of Representatives, to the Senate trial, and the…
Can Employees Be Fired for Being LGTBQ?
Oct 17, 2019 • 54 min
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination “because of… sex.” Last week, a trio of cases that raise the question of whether Title VII also prohibits discrimination because of sexual orientation and/or gender identity…
Two Federal Judges on How They Interpret the Constitution
Oct 10, 2019 • 55 min
Last week, the National Constitution Center travelled to Washington, DC to host Clerks at 100 – a celebration of the 100th anniversary of the federal statute instituting Supreme Court clerkships that brought together hundreds of former clerks. Supreme…
We the People Live: Supreme Court 2019 Term Preview
Oct 3, 2019 • 59 min
This week, We the People partnered with SCOTUSblog’s podcast SCOTUStalk for a live preview of the Supreme Court’s 2019 term – recording our show in front of a live National Constitution Center audience for the first time! Host Jeffrey Rosen was joined by…
The Battle for the Constitution: Live at The Atlantic Festival
Sep 26, 2019 • 97 min
This week, the National Constitution Center in partnership with The Atlantic launched a new web project: “The Battle for the Constitution”— a year-long exploration of the major issues and controversies surrounding the Constitution today from all sides of…
Justice Neil Gorsuch, Live at America’s Town Hall
Sep 19, 2019 • 62 min
Justice Neil Gorsuch visited the National Constitution Center to celebrate Constitution Day and discuss his new book A Republic, If You Can Keep It. Justice Gorsuch, the Honorary Chair of the National Constitution Center’s Board of Trustees, sat down with…
Madison vs. Mason
Sep 12, 2019 • 60 min
James Madison and George Mason, both Virginian Founding Fathers, diverged on some of the biggest debates of the Constitutional Convention—including the proper distribution of power between national and local government, the future of the slave trade, and…
When Should Judges Issue Nationwide Injunctions?
Sep 5, 2019 • 49 min
What are “nationwide injunctions”? When and why are they issued by federal courts? Have they been invoked more frequently in recent years, and, if so, how is that affecting how laws or executive orders are implemented nationwide? And is the term…
The Next Big Second Amendment Case?
Aug 29, 2019 • 46 min
The upcoming Supreme Court case New York Rifle and Pistol Association v. the City of New York could be the first major Second Amendment case in almost a decade. It centers around a New York City regulation prohibiting residents from taking their guns to…
The Lincoln-Douglas Debates
Aug 22, 2019 • 61 min
The Lincoln-Douglas debates — the historic series of seven debates which pitted Abraham Lincoln against Stephen Douglas as they vied for an Illinois Senate seat — began on August 21, 1858. In honor of that anniversary, this episode explores the clash of…
Live at America’s Town Hall: George F. Will
Aug 15, 2019 • 63 min
Pulitzer Prize-winning journalist George F. Will returned to the National Constitution Center earlier this summer to discuss his new book, ‘The Conservative Sensibility’, a reflection on American conservatism. He sat down with National Constitution Center…
The Federalists vs. the Anti-Federalists
Aug 8, 2019 • 56 min
In early August 1787, the Constitutional Convention’s Committee of Detail had just presented its preliminary draft of the Constitution to the rest of the delegates, and the Federalists and the Anti-Federalists were beginning to parse some of the biggest…
When does Twitter-blocking violate the First Amendment?
Aug 1, 2019 • 48 min
President Trump can no longer block people on Twitter, following a ruling by the Second Circuit Court of Appeals. The court held that because President Trump controls access to his @realdonaldtrump Twitter account and uses it for official government…
The Constitutional Legacy of Seneca Falls
Jul 25, 2019 • 63 min
July 19 was the anniversary of the Seneca Falls Convention, the nation’s first women’s rights convention held in Seneca Falls, New York in 1848. This episode explores what happened at the historic convention, and how its legacy shaped the Constitution…
Remembering Justice John Paul Stevens
Jul 18, 2019 • 46 min
Justice John Paul Stevens—one of the nation’s oldest, longest-serving, and most-revered justices—passed away at the age of 99 on Tuesday. On this episode, we remember the man, the justice, and some of his most influential majority opinions and dissents.…
What Happened After the Burr/Hamilton Duel?
Jul 11, 2019 • 53 min
July 11 is the anniversary of the 1804 duel in which Alexander Hamilton was fatally shot by Vice President Aaron Burr. On today’s episode, we pick up where the musical ‘Hamilton’ left off, and explore what happened to Vice President Burr in the aftermath…
Supreme Court 2018-19 Term Recap
Jul 4, 2019 • 56 min
As guest Ilya Shapiro put it, “If it’s June/July, we’re talkin’ SCOTUS.” We review the 2018-19 Supreme Court term and explore the nature and future of the new Roberts Court and the Chief’s newfound role as the swing justice. Topics include the partisan…
Live at America’s Town Hall: The Human Side of Judging
Jun 27, 2019 • 76 min
How do judges manage the personal challenges that their role often requires them to face, including unconscious bias, chronic stress, exposure to emotionally-charged circumstances, and public pressure and scrutiny? Current and former judges join in candid…
The Declaration of Independence and its Influence on the Constitution
Jun 20, 2019 • 55 min
In honor of the anniversary of the ratification of the Constitution, June 21, and the upcoming Independence Day holiday on July 4 – today’s episode celebrates the influence of the Declaration of Independence on the Constitution and constitutional…
Should Big Tech be Broken Up?
Jun 13, 2019 • 66 min
Investigations into several leading big tech companies – including Facebook, Google, Apple, and Amazon – began on Tuesday as the House Judiciary Committee held a hearing on the role of such companies in the decline of the news industry. Prior to the…
The Constitutional Stakes of the 2020 Election
Jun 6, 2019 • 49 min
What’s at stake, for the Constitution and the Supreme Court, in the 2020 election? If President Trump is re-elected and has the chance to appoint more Supreme Court justices, will the Court—and the country—fundamentally transform in a way not seen in…
A Fetal Right to Life?: Abortion and the Constitution Part 2
May 30, 2019 • 59 min
In part two of our discussion on abortion and the Constitution – David French of National Review and reproductive rights historian Mary Ziegler of Florida State College of Law join host Jeffrey Rosen. French and Ziegler break down the recent Supreme Court…
Will Roe be Overturned?: Abortion and the Constitution Part 1
May 23, 2019 • 48 min
The increasing number of new laws restricting abortion recently passed in numerous states around the country has some wondering: is Roe v. Wade and the constitutional right to abortion at risk? On this episode, we dive into landmark abortion precedent…
Are we in a Constitutional Crisis?
May 16, 2019 • 61 min
In light of the ongoing subpoena fights between Congress and the president and the House Judiciary Committee’s vote to hold Attorney General Barr in contempt for refusing to release the full Mueller report—this episode addresses the questions: Are we in a…
Henry Louis Gates, Jr., Live at America’s Town Hall
May 9, 2019 • 45 min
On May 7, host Jeffrey Rosen sat down with Professor Henry Louis Gates, Jr. to celebrate the opening of the National Constitution Center’s new permanent exhibit – ‘Civil War and Reconstruction: The Battle for Freedom and Equality.’ The exhibit is…
Is Asking About Citizenship on the Census Unconstitutional?
May 2, 2019 • 52 min
Would adding a citizenship question to the 2020 census—which a lawsuit argues could dissuade people from responding to it—violate the Constitution’s enumeration clause, which requires that an “actual enumeration,” or a counting, of all Americans be…
A Constitutional Recap of the Mueller Report
Apr 25, 2019 • 56 min
This episode sheds constitutional light on the Mueller report, focusing on the question of obstruction. We explore what Special Counsel Robert Mueller did and did not conclude about obstruction, explain the “corrupt intent” requirement for an obstruction…
The Julian Assange Indictment and the First Amendment
Apr 18, 2019 • 50 min
The indictment of WikiLeaks founder Julian Assange for conspiracy to hack into a classified government computer has reignited the debate over the question: what is the line between First Amendment-protected journalism and cyber-crime? On this episode, two…
Kisor v. Wilkie: A Case to Watch
Apr 11, 2019 • 56 min
How did a Vietnam War veteran’s request for disability benefits turn into one of the key Supreme Court cases of this term, one with major implications for the future of the administrative state? In this episode, administrative law experts Jonathan Adler…
The Future of the Affordable Care Act
Apr 4, 2019 • 52 min
Last week, the Department of Justice surprised many by reversing its position on the Affordable Care Act—stating that it agrees with U.S. District Judge Reed O’Connor that the ACA is unconstitutional, and won’t defend the law. Judge O’Connor’s December…
Will the Supreme Court End Partisan Gerrymandering?
Mar 28, 2019 • 53 min
The Supreme Court heard two partisan gerrymandering cases—one from North Carolina and another from Maryland—this week: Lamone v. Benisek and Rucho v. Common Cause. Examining those cases and how the Court might rule, host Jeffrey Rosen sits down with Nick…
When Can the President Claim Executive Privilege?
Mar 21, 2019 • 54 min
Now that Special Counsel Robert Mueller has submitted the findings from his investigation into Russian interference in the 2016 election, many are wondering, what will happen next? John Yoo of Berkeley Law School and Steve Vladeck of University of Texas…
The Death Penalty at the Supreme Court
Mar 14, 2019 • 53 min
Is it constitutional to execute an inmate who doesn’t remember the crime he committed? Or a person who might suffer excruciating pain during execution? These questions were raised by cases that came before the Supreme Court this term; joining host Jeffrey…
Should the Government Regulate Speech on Campus?
Mar 7, 2019 • 67 min
On March 2, President Trump announced his plans to sign an executive order “requiring colleges and universities to support free speech if they want federal research dollars.” Considering whether or not such an order would be constitutional, how it might…
The Future of Abortion Laws at the Supreme Court
Feb 28, 2019 • 61 min
Two leading voices from organizations on different sides of today’s biggest debates over reproductive rights and abortion laws—Catherine Glenn Foster of Americans United for Life and Dr. Kelli Garcia of National Women’s Law Center—join host Jeffrey Rosen…
Is the Presidency Too Powerful?
Feb 21, 2019 • 60 min
On this Presidents’ Day edition of We the People, political historian Julian Zelizer of Princeton and constitutional law professor Eric Posner of the University of Chicago Law School join host Jeffrey Rosen to debate the question: Is the presidency too…
The Tennessee Wine Case and the 21st Amendment
Feb 14, 2019 • 61 min
For We the People listeners enjoying wine this Valentine’s Day – we’re exploring the still-pending Supreme Court case Tennessee Wine and Spirits Retailers Association v. Blair. This lawsuit was brought by Total Wine & More, a retail liquor giant, and the…
Can the Equal Rights Amendment be Revived?
Feb 7, 2019 • 75 min
The Equal Rights Amendment (ERA) technically expired on June 30, 1982, the ratification deadline set by Congress, but a renewed push to resurrect and ratify this constitutional amendment gained momentum in 2017, with ratification by Illinois and Nevada.…
Football, Faith, and the First Amendment
Jan 31, 2019 • 63 min
A dispute over the firing of a high school football coach who refused to stop praying on the field after games reached the Supreme Court this term; last week, the justices said they would not hear the case until its facts were better established by lower…
MLK’s Constitutional Legacy
Jan 24, 2019 • 56 min
In honor of Martin Luther King Jr. Day, this episode celebrates King’s life and work, his hopeful vision for America, and his fight to pass landmark civil rights laws and realize the promises of the Constitution. Civil rights and constitutional law…
Is the Second Amendment a “Second Class Right”?
Jan 17, 2019 • 65 min
The Supreme Court has not decided a major Second Amendment case since McDonald v. Chicago in 2010, but the Court may break this silence soon if it decides to grant certiorari in Mance v. Whitaker – a challenge to a law prohibiting interstate handgun…
Can the President Declare a National Emergency to Build the Wall?
Jan 10, 2019 • 58 min
President Trump and congressional Democrats remain at an impasse over a White House proposal to fund the construction of a southern border wall. The president has said that if Congress decides not to appropriate the funds, then he will “probably” declare…
Best of 2018: ‘Madison, the Media, and the Mob’ Live at America’s Town Hall
Jan 3, 2019 • 58 min
Jeffrey Rosen hosts a live conversation at the National Constitution Center with leading journalists—Jeffrey Goldberg, editor in chief of The Atlantic; Michelle Goldberg, op-ed columnist for The New York Times; and Jonah Goldberg, senior editor of the…
Best of 2018: Doris Kearns Goodwin, Live at America’s Town Hall
Dec 27, 2018 • 76 min
Pulitzer-prize winning historian Doris Kearns Goodwin sits down with host Jeffrey Rosen at the National Constitution Center to discuss her new book, Leadership in Turbulent Times–a culmination of five decades of acclaimed study in presidential history.…
2018: A Constitutional Year in Review
Dec 20, 2018 • 67 min
This episode looks back at the biggest constitutional issues of 2018—from the recent ruling striking down Obamacare, to the Emoluments Clause lawsuits, the census case, the Mueller investigation, and more. Guests Emily Bazelon and Josh Blackman join host…
Cohen, Trump, and Campaign Finance Law
Dec 13, 2018 • 36 min
President Trump’s former lawyer Michael Cohen was sentenced to three years in prison after pleading guilty to several crimes, including illegally making hush money payments to two women alleging affairs with then-candidate Trump. On this episode, campaign…
Is the Act Protecting the Special Counsel Unconstitutional?
Dec 6, 2018 • 54 min
This episode examines the constitutionality of the Special Counsel Independence and Integrity Act – bipartisan legislation that, if passed, would impose regulations on firing a Special Counsel (such as Robert Mueller). Although the bill is stalled for…
LIVE AT AMERICA’S TOWN HALL: Senator Chris Coons (D-DE)
Dec 6, 2018 • 34 min
On this episode – originally published on our companion podcast, Live at America’s Town Hall – Senator Chris Coons (D-DE) breaks down the recent developments related to The Special Counsel Independence and Integrity Act, which he co-sponsored. (We…
The Bladensburg Peace Cross Case
Nov 29, 2018 • 59 min
This episode explores the Supreme Court case The American Legion v. American Humanist Association, which concerns a lawsuit over the possible demolition of a 40 foot tall cross that is part of a World War I memorial on public property in Maryland. Lawyers…
Free Speech and Press Cases in the Courts
Nov 21, 2018 • 58 min
President Trump’s revocation of CNN White House correspondent Jim Acosta’s press pass and the ongoing lawsuit CNN v. Trump have brought issues relating to press freedom and due process under the Constitution back into the news. On this episode, David…
The Attorney General, the President, and Congressional Oversight
Nov 15, 2018 • 57 min
After Attorney General Jeff Sessions resigned at the request of President Trump, the president appointed Sessions’ former chief of staff, Matthew Whitaker, to serve as acting attorney general, and a flurry of questions about the legality,…
Does the Constitution Require Birthright Citizenship?
Nov 8, 2018 • 67 min
President Trump’s declaration that he could revoke birthright citizenship with an executive order has set off a firestorm of controversy among legal scholars. On this episode, Professors Akhil Amar and Edward Erler debate whether or not the 14th Amendment…
Voting Rights, Election Law, and the Midterms
Nov 1, 2018 • 51 min
As Americans prepare to head to the polls next week, We the People partnered with Ballotpedia for a rundown of the election law and voting rights issues most relevant to the 2018 midterms. Ballotpedia’s News Editor Sarah Rosier joins election law scholars…
Key Congressional Elections in History
Oct 25, 2018 • 59 min
With the 2018 midterm elections fast approaching, this episode delves into the history of congressional elections, from the Founding to today, answering the questions: What did the Founders expect that Congressional elections would look like? What did…
Is There a Supreme Court Legitimacy Crisis?
Oct 18, 2018 • 60 min
In the aftermath of Justice Brett Kavanaugh’s confirmation, debates about the Supreme Court’s legitimacy remain in the public spotlight. Some believe that the Kavanaugh confirmation caused a legitimacy crisis that can only be solved by reform proposals…
Libel, the Media, and Constitutional Legitimacy
Oct 11, 2018 • 49 min
Cries of “defamation” came from the White House following the publication of in-depth reporting on President Donald Trump and his finances by The New York Times, but this is not the first time the president has expressed criticism of the press or U.S.…
Senators Flake and Coons: The Future of the Senate and the Supreme Court
Oct 4, 2018 • 46 min
Senators Jeff Flake and Chris Coons join Jeffrey Rosen to discuss their important role in the Kavanaugh confirmation hearings, including their last-minute agreement to pause the nomination to allow for an FBI investigation of the allegations against Judge…
Supreme Court Term Preview
Sep 27, 2018 • 56 min
We take a deep dive into the upcoming Supreme Court term, set to begin Monday, October 1, and explore forthcoming cases that involve everything from double jeopardy and excessive fines to cemeteries and endangered frogs. Host Jeffrey Rosen is joined by…
Should Chevron Be Overturned?
Sep 20, 2018 • 55 min
This episode, recorded live in New York City at the Federal Bar Association’s 2018 annual convention, features a debate of the following question: “Should Chevron Be Overturned?” The 1984 Supreme Court decision Chevron v. Natural Resources Defense Council…
Kavanaugh Confirmation Hearings Recap
Sep 13, 2018 • 55 min
Nina Totenberg and Neal Katyal join host Jeffrey Rosen to unpack Judge Brett Kavanaugh’s confirmation hearings and evaluate his testimony. Totenberg and Katyal recap what we learned about Kavanaugh’s judicial philosophy and his views on everything from…
The History of Supreme Court Confirmation Hearings
Sep 6, 2018 • 61 min
In the midst of the contentious confirmation hearings of Judge Brett Kavanaugh, we explore the history of Supreme Court confirmation hearings and consider their constitutional implications. How did the Framers envision the Senate’s role in providing…
What Constitutes an Impeachable Offense?
Aug 30, 2018 • 53 min
Last week’s guilty plea from Michael Cohen and the conviction of Paul Manafort prompted widespread debate over whether the president was implicated in criminal acts and if he should be impeached. Alan Dershowitz and Joshua Matz join host Jeffrey Rosen for…
Robert Smalls: Escaping Slavery and Fighting Injustice
Aug 24, 2018 • 59 min
In the midst of the Civil War, Robert Smalls overtook a Confederate boat filled with 17 other enslaved people and steered it to freedom. This extraordinary act was the first of many, as Smalls went on to a groundbreaking career of activism and became one…
Harriet Scott: The Woman Behind Dred Scott v. Sanford
Aug 23, 2018 • 57 min
This week, we uncover the life of Harriet Scott, the wife and co-plaintiff of Dred Scott in the infamous case Dred Scott v. Sanford. Although much is known about the case itself – in which the Supreme Court held that African Americans were not citizens of…
Callie House: Reparations Advocate and Trailblazer
Aug 16, 2018 • 46 min
This episode delves into the extraordinary life of reparations advocate Callie House, who tirelessly traveled the country organizing newly freed African Americans in the quest to right the wrongs of slavery. Despite her status as a former slave, a woman,…
John Bingham: Father of the 14th Amendment
Aug 9, 2018 • 55 min
John Bingham was one of the most influential but least known visionaries of the post-Civil War Constitution. Dubbed “the James Madison of the 14th Amendment” by Justice Hugo Black, Bingham drafted a constitutional provision that changed the course of…
The life and legacy of Frederick Douglass
Aug 2, 2018 • 67 min
On this debut episode of our special Stories of the Civil War and Reconstruction Series, we examine the life of one of America’s most influential abolitionists, orators, writers, and statesmen – Frederick Douglass. Growing up as an enslaved person in…
What is Treason?
Jul 26, 2018 • 72 min
After his recent meeting with Russian president Vladimir Putin and comments about Russian interference in the 2016 elections, President Donald Trump has sparked a new controversy relating to the constitutional definition of treason, and to what extent…
The New Supreme Court
Jul 19, 2018 • 67 min
Jeffrey Rosen leads a discussion about the nomination of Brett Kavanaugh, Justice Gorsuch’s first year on the Supreme Court, and what the future of the Court might look like. Brianne Gorod is the Constitutional Accountability Center’s chief counsel. She…
Happy 150th Birthday, 14th Amendment
Jul 12, 2018 • 68 min
Leading Civil War and Reconstruction scholars discuss the history and meaning of the 14th Amendment in celebration of its 150th anniversary. Allen Guelzo is the Henry R. Luce Professor of the Civil War Era, and Director of Civil War Era Studies at…
The Legacy of Justice Anthony Kennedy
Jul 5, 2018 • 66 min
John Elwood, Leah Litman, and Christopher Yoo, three of Anthony Kennedy’s former clerks, join We The People to discuss the Justice’s Supreme Court legacy. John Elwood is a partner at Vinson & Elkins law firm, teaches at the University of Virginia School…
The Supreme Court now: Decisions, deciders and what’s next
Jun 28, 2018 • 54 min
Jeffrey Rosen, host of “We the People,” moderates a panel discussion at the Aspen Institute’s Ideas Festival about the Supreme Court’s momentous recent term. From same-sex wedding cakes to voting rights to gerrymandering to public unions, the latest term…
The Golden State Killer and Genetic Privacy
Jun 21, 2018 • 58 min
Erin E. Murphy of New York University Law School and Andrea Roth of University of California Berkeley School of Law discuss the Golden State killer case and the future of genetic privacy with host Jeffrey Rosen. This past April, California police…
Jeffrey Rosen Answers Questions about Self-Pardons, the Fourth Amendment, and James Madison
Jun 14, 2018 • 53 min
In this episode, We the People host Jeff Rosen answers constitutional questions that you, our listeners, have been asking. We’ve been collecting your questions over the past few months from social media, our weekly newsletter, Constitution Weekly, and…
The Supreme Court’s current term
Jun 7, 2018 • 55 min
Michael Dorf from the Cornell University Law School and Ilya Shapiro from the Cato Institute join Jeffrey Rosen to discuss some major cases already decided in the Supreme Court’s current term and others expected from the Justices in the next few weeks.…
Ken Burns: Telling Constitutional Stories
May 31, 2018 • 47 min
Today we are joined by Ken Burns, renowned American filmmaker and documentarian, to discuss the history of the Civil War, Reconstruction, and the legacy of the 14th Amendment. Ken Burns is prolific: His widely known documentary series include The Civil…
George Will on Madisonian Government
May 24, 2018 • 56 min
This week, during a symposium held at the National Constitution Center, We the People host Jeffrey Rosen sat down with George Will, Pulitzer-prize winning columnist for The Washington Post, to discuss federalism, the 17th Amendment, and the state of…
The Iran nuclear deal under Trump
May 17, 2018 • 53 min
On May 8, President Trump announced that the United States would withdraw from the Iranian nuclear deal, calling the deal “horrible,” “one-sided” and “the worst deal ever.” The president said he planned to institute sanctions against Iran, and that the…
Social Media and Digital Disinformation
May 11, 2018 • 88 min
On May 3, the National Constitution Center hosted a traveling America’s Town Hall panel at Stanford Law School to discuss the effects of digital disinformation on democracy today. We the People host Jeffrey Rosen was joined by Elliot Schrage, Facebook’s…
Eric Holder on the 14th Amendment today
May 3, 2018 • 64 min
This year marks the 150th anniversary of the 14th Amendment, which was ratified on July 9, 1868. Last week, the National Constitution Center and the Thurgood Marshall Institute at the NAACP Legal Defense and Educational Fund co-hosted a daylong symposium…
The Supreme Court considers the travel ban case
Apr 26, 2018 • 47 min
On Wednesday, April 25, the Supreme Court heard oral arguments in one of the biggest cases of the year: Trump v. Hawaii, the challenge to the latest iteration of President Donald Trump’s efforts to restrict travel to the United States by nationals from…
Facebook and the Future of Democracy
Apr 19, 2018 • 62 min
Jeffrey Rosen discusses the recent Facebook hearingsand the broader impact of social media on free speech and democracy with Nate Persily of Stanford Law and Kate Klonick of Yale Law School. Questions or comments? We would love to hear from you. Contact…
Justice Breyer on the First Amendment
Apr 12, 2018 • 52 min
Our president and CEO, Jeffrey Rosen sits down with Supreme Court Justice Stephen Breyer at the Edward M. Kennedy Institute in Boston. They discuss the First Amendment, hate speech, the Citizens United decision, and other free speech cases. Stephen G.…
President Trump and the Federal Judiciary
Apr 5, 2018 • 57 min
When President Donald Trump took office last year, there were over 100 federal court vacancies, roughly twice as many as when President Barack Obama faced the same situation in 2009. Since then, President Trump has been nominating judges and having…
Hamilton: The Constitutional clashes that shaped a nation
Mar 29, 2018 • 76 min
This week, the National Constitution Center celebrates the March 2018 opening of its new exhibit, Hamilton: The Constitutional Clashes That Shaped a Nation. This compelling new exhibit highlights the competing ideas of Alexander Hamilton and his legendary…
William Howard Taft and the Constitution
Mar 22, 2018 • 90 min
In his new book for The American Presidents Series, the National Constitution Center’s President and CEO Jeffrey Rosen argues that William Howard Taft was our most judicial president and presidential Chief Justice, and explores Taft’s crucial role in…
Trump, Tariffs, and Trade
Mar 15, 2018 • 52 min
Over the past few months, President Trump has announced new tariffs on imported goods from solar panels and washing machines to steel and aluminum. He has also taken swift executive action to block international mergers that he has deemed harmful to U.S.…
Workplace discrimination based on sexual orientation
Mar 8, 2018 • 46 min
Can an employment lawsuit be based on the premise that discrimination based on sexual orientation is a Title VII violation under the Civil Rights Act of 1964? On Feb. 26, 2018, the Second Circuit Court of Appeals said in a 10-3 decision in Zarda v.…
The United States v. Microsoft
Mar 1, 2018 • 58 min
Can the federal government compel a U.S.-based email provider to turn over its records as part of a criminal investigation when those records are located outside of the country? The United States v. Microsoft case pending before the Supreme Court could…
Mandatory union fees and the First Amendment
Feb 22, 2018 • 55 min
Alicia Hickok and Eugene Volokh join National Constitution Center President and CEO Jeffrey Rosen to discuss a major Supreme Court case about public-union dues. The Supreme Court is considering arguments in a case that could have a huge effect on…
A conversation with Justice Ruth Bader Ginsburg
Feb 15, 2018 • 79 min
Justice Ruth Bader Ginsburg joins National Constitution Center President and CEO Jeffrey Rosen for a wide-ranging conversation in celebration of the 25th anniversary of her appointment to the U.S. Supreme Court. In the 75-minute interview, Justice…
Jeffrey Rosen answers your constitutional questions
Feb 7, 2018 • 51 min
In this episode, we’re answering questions that you, our listeners, have been asking about the Constitution, with the National Constitution Center president and CEO Jeffrey Rosen. We’ve been collecting your questions over the past few months from social…
History of Impeachment: From Andrew Johnson to Today
Feb 1, 2018 • 54 min
In anticipation of the 150th anniversary of the impeachment of President Andrew Johnson, on Feb. 24, we look at the history of presidential impeachments, the interpretation of the Impeachment Clause, and the application to current day controversies.…
The Constitution in Year One of the Trump administration
Jan 25, 2018 • 45 min
On January 20, 2017, President Donald Trump was inaugurated as the 45th President of the United States. In the year since he took office, a variety of novel constitutional issues have arisen, from the interpretation of the Emoluments Clauses, to the…
Federalism under President Trump
Jan 18, 2018 • 51 min
The relationship between the federal government and the states is currently at the center of controversies about sports gambling, marijuana use and sanctuary cities policies. In the past year, these and related issues have come before federal courts,…
Undocumented teens and abortion
Jan 11, 2018 • 53 min
This week, we look at the case Hargan v. Garza, a lawsuit filed by the ACLU on behalf of undocumented immigrantthat asks if the federal government can deny access to an abortion for pregnant undocumented teens. As of January 11, 2018, the Supreme Court…
Gerrymandering and American democracy
Jan 4, 2018 • 52 min
In the Gill case this year, the Supreme Court might determine the constitutional future of partisan gerrymandering. Scholars and advocates have been discussing the arguments at the heart of the case – as well as those involved in related cases heading…
The existential threat of big tech
Dec 27, 2017 • 74 min
Franklin Foer, national correspondent for The Atlantic, explores how tech platforms like Facebook, Apple, Amazon, and Google have transformed the way we think and produced a new culture of misinformation that is trampling values such as privacy, autonomy,…
Sexual Harassment Law Under the Constitution
Dec 21, 2017 • 61 min
Gail Heriot and Diane Rosenfeld join National Constitution Center president and CEO Jeffrey Rosen to discuss how several federal laws may work to address sexual harassment and assault claims. Gail Heriot is Professor of Law at the University of San Diego…
The Constitution and the Mueller investigation
Dec 14, 2017 • 46 min
In May, Deputy Attorney General Rod Rosenstein appointed former FBI director Robert Mueller as special counsel to investigate allegations of collusion between the Trump campaign and the Russian government. Since Mueller’s appointment, the probe has raised…
Net neutrality at a legal crossroads
Dec 7, 2017 • 61 min
Gus Hurwitz and Travis LeBlanc join National Constitution Center president and CEO Jeffrey Rosen for an engaging debate about the potential repeal of Obama-era net neutrality rules. To learn more about this week’s topic, visit our podcast resources page…
The Masterpiece Cakeshop case
Nov 30, 2017 • 42 min
Vanita Gupta and Michael Moreland join National Constitution Center president and CEO Jeffrey Rosen to preview next week’s Supreme Court arguments about a dispute over a cake shop owner’s right to not create a cake for a same-sex marriage event. Gupta is…
The future of digital privacy
Nov 22, 2017 • 74 min
Alex Abdo of the Knight First Amendment Institute and Orin Kerr of George Washington Law debate whether warrantless searches and seizures of cellphone records violate the Fourth Amendment in a special podcast hosted at the National Press Club. In late…
Tax reform and the Constitution
Nov 16, 2017 • 56 min
Joseph Fiskin from the University of Texas at Austin Law School and Steven Willis from the University of Florida, Levin College of Law join National Constitution Center president and CEO Jeffrey Rosen to look at potential constitutional issues related to…
Is the fight against ISIS legal?
Nov 10, 2017 • 48 min
Bruce Ackerman and Chris Fonzone join National Constitution Center president and CEO Jeffrey Rosen to discuss a lawsuit challenging several congressional actions used to authorize United States military actions against ISIS and other terror groups.
Deconstructing the administrative state
Nov 2, 2017 • 57 min
As a presidential candidate, Donald Trump ran on a platform of rolling back the “administrative state.” Since taking office, President Trump has followed through on some of his campaign promises, signing various Executive Orders aimed at undoing previous…
The Emoluments Clause in court
Oct 26, 2017 • 44 min
Josh Blackman and Jed Shugerman join the National Constitution Center’s Jeffrey Rosen to discuss President Trump’s alleged violation of the Foreign and Domestic Emoluments Clauses.
The evolution of voting rights
Oct 20, 2017 • 66 min
Debo Adegbile and Will Consovoy join National Constitution Center president and CEO Jeffrey Rosen to discuss constitutional challenges to the Voting Rights Act and election law.
The state of the Second Amendment
Oct 12, 2017 • 60 min
In the aftermath of the Las Vegas tragedy, renewed attention has come to controversy over the constitutional status of guns in the United States and the role of the Second Amendment. Joining National Constitution Center president and CEO Jeffrey Rosen to…
The future of gerrymandering
Oct 6, 2017 • 58 min
Michael Morley and Daniel Tokaji join National Constitution Center president and CEO Jeffrey Rosen to discuss Supreme Court arguments in a potential landmark case about gerrymandering.
The First Amendment and hate speech
Sep 28, 2017 • 61 min
Shannon Gilreath and Keith Whittington join National Constitution Center president and CEO Jeffrey Rosen to discuss if the courts can regulate hate speech.
The Supreme Court’s next term
Sep 21, 2017 • 65 min
Michael Dorf and Ilya Shapiro join National Constitution Center president and CEO Jeffrey Rosen to preview a potentially blockbuster Supreme Court term starting in early October.
What would Madison think today?
Sep 14, 2017 • 70 min
In commemoration of Constitution Day 2017, we will explore what James Madison would think of today’s presidency, Congress, courts, and media and how we can resurrect Madisonian values today.
Presidential pardons and the rule of law
Sep 7, 2017 • 59 min
Brian Kalt and Margaret Love join National Constitution Center president and CEO Jeffrey Rosen in a broad-ranging discussion about the President’s constitutional powers to issue pardons.
Charlottesville and free assembly
Aug 31, 2017 • 55 min
Protests in Charlottesville, Baltimore, and Ferguson have prompted many questions about the right to protest in our country. What restrictions can governments place on assemblies? What responsibilities do governments have to protect protestors? How should…
War powers and national security
Aug 25, 2017 • 57 min
Article I of the Constitution gives Congress the power to declare war, raise armies, and regulate forces. Yet Article II names the President the Commander-in-Chief and vests him with the executive power. Who should be in charge of the nation’s security?…
Trump, Twitter and the First Amendment
Aug 17, 2017 • 57 min
Can President Trump block citizens from following his own Twitter feed? The Knight First Amendment Institute at Columbia University has filed suit on behalf of several Twitter users who were denied the ability to follow the President’s Twitter feed after…
Civil Rights And Constitutional Change
Aug 10, 2017 • 68 min
National Constitution Center president and CEO Jeffrey Rosen moderates a special discussion about the 1963 Birmingham Church bombing and how it impacted the meaning of equality in America. In this event, held on June 16 in Philadelphia, bombing survivor…
George Washington’s warning to future generations
Aug 3, 2017 • 78 min
John Avlon, editor-in-chief of The Daily Beast, discusses the first president’s momentous and prescient farewell address to the nation and how the address could help reunite America through the lessons rooted in Washington’s experience as described in his…
Jeffrey Rosen at the Chautauqua Institution
Jul 27, 2017 • 80 min
In a special We The People podcast event, National Constitution Center president and CEO Jeffrey Rosen talks about the importance of the Supreme Court’s future at the famed Chautauqua Institution. Rosen spoke to an enthusiastic crowd on July 26, 2017 at…
The debate over President Trump’s election commission
Jul 20, 2017 • 53 min
Deborah Archer of New York Law School and Derek Muller of Pepperdine University discuss the agenda and challenges of the Presidential Advisory Commission on Election Integrity. Read about the 24th Amendment on the National Constitution Center’s…
Should the 17th Amendment be repealed?
Jul 13, 2017 • 51 min
David Schleicher of Yale University and Todd Zywicki of George Mason University discuss the text, history, and future of this contested amendment. New essays are now available on the Constitution Center’s Interactive Constitution. Read about the 17th…
The future of digital free speech
Jul 6, 2017 • 58 min
At a live event in Los Angeles, CA, Cindy Cohn of the Electronic Frontier Foundation, Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit, and Eugene Volokh of UCLA discuss current debates about speech online. Continue today’s…
What just happened at the Supreme Court?
Jun 29, 2017 • 53 min
Brianne Gorod of the Constitutional Accountability Center and Ilya Shapiro of the Cato Institute break down the busy final days of the Court’s 2016-2017 term. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know…
EXTRA: A celebration of Lyle Denniston
Jun 28, 2017 • 67 min
Legendary Supreme Court reporter Lyle Denniston reflects on the Court, the Constitution, and his long career. Continue today’s conversation on Facebook and Twitterusing @ConstitutionCtr. We want to know what you think of the podcast! Email us at [email…
Government leaks and the Espionage Act at 100
Jun 22, 2017 • 61 min
Cybersecurity expert Paul Rosenzweig and Stephen Vladeck of the University of Texas explore the constitutional debate over leaks and their publication. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you…
Loving v. Virginia at 50
Jun 15, 2017 • 62 min
Steve Calabresi of Northwestern University and Sheryll Cashin of Georgetown University discuss the landmark case and its constitutional legacy. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of…
The soul of the First Amendment
Jun 8, 2017 • 66 min
Celebrated First Amendment attorney Floyd Abrams examines the degree to which American law protects free speech more often, more intensely, and more controversially than anywhere else in the world. Continue today’s conversation on Facebook and Twitter…
EXTRA: Trump, Comey and obstruction of justice
Jun 5, 2017 • 40 min
Alan Dershowitz and Laura Donohue join our Jeffrey Rosen to discuss the legal and constitutional issues surrounding President Donald Trump’s handling of the Russia probe. This show was engineered by Jason Gregory and produced by Nicandro Iannacciand Scott…
Your constitutional questions, answered
Jun 1, 2017 • 57 min
Jeffrey Rosen, president and CEO of the National Constitution Center, answers listener questions about the Preamble, judicial power, and more. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of…
The life and legacy of John Marshall
May 25, 2017 • 56 min
Michael Gerhardt of the University of North Carolina and Kevin Walsh of the University of Richmond explore the influential career of the nation’s longest-serving chief justice. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.…
Will the President’s travel ban hold up in court?
May 18, 2017 • 57 min
Leah Litman of the University of California, Irvine, and Earl Maltz of Rutgers University discuss the latest legal developments and how the ban may ultimately fare at the Supreme Court. Continue today’s conversation on Facebook and Twitter using…
Exploring the debate over ‘sanctuary cities’
May 11, 2017 • 56 min
Elizabeth Price Foley of Florida International University and Cristina Rodriguez of Yale University discuss President Trump’s executive order on immigration and how Congress could respond to sanctuary cities going forward. Continue today’s conversation on…
EXTRA: Is the firing of James Comey a constitutional crisis?
May 11, 2017 • 27 min
In a special bonus episode, Josh Blackman of the South Texas College of Law in Houston and David Cole of the American Civil Liberties Union discuss what President Trump’s firing of the FBI director means for our constitutional system. If you like what we…
James Wilson and the creation of the Constitution
May 4, 2017 • 61 min
Christopher Yoo of the University of Pennsylvania Law School and Tom Donnelly of the National Constitution Center discuss the Pennsylvania Federalist and America’s greatest proponent of popular sovereignty. American Treasures: Documenting the Nation’s…
The Madisonian Constitution and the future of freedom
Apr 27, 2017 • 76 min
In excerpts from Freedom Day 2017, Mickey Edwards and Norm Ornstein reflect on the state of Congress, and George Will offers his take on the future of freedom. Listen to the full program, including great panels on the media, presidency, and more, on our…
Religious liberty at the Supreme Court
Apr 20, 2017 • 60 min
Marci Hamilton of the University of Pennsylvania and Hannah Smith of the Becket Fund for Religious Liberty discuss the issues and best arguments in Trinity Lutheran Church of Columbia v. Comer. Continue today’s conversation on Facebook and Twitter using…
Article I and the role of Congress
Apr 13, 2017 • 71 min
In a special event at Columbia University, David Pozen of Columbia and Nicholas Quinn Rosenkranz of Georgetown University discuss how to restore the separation of powers. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign…
The history and constitutionality of the filibuster
Apr 6, 2017 • 70 min
Richard Arenberg of Brown University and Josh Chafetzof Cornell University discuss the history of the Senate filibuster and whether or not it should be eliminated. Continue today’s conversation on Facebook and Twitterusing @ConstitutionCtr. Sign up to…
Privacy, equality, and transgender students
Mar 30, 2017 • 63 min
Alexandra Brodksy of the National Women’s Law Center and Gary McCaleb of the Alliance Defending Freedom discuss whether Title IX or the Constitution bans discrimination on the basis of gender identity. Continue today’s conversation on Facebook and Twitter…
The Gorsuch hearings and the future of the Constitution
Mar 23, 2017 • 63 min
Michael Ramsey of the University of San Diego and Eric Segall of Georgia State University discuss what the hearings reveal about Neil Gorsuch’s potential impact on the Supreme Court and constitutional law. Continue today’s conversation on Facebook and…
Property rights at the Supreme Court
Mar 16, 2017 • 60 min
David Breemer of the Pacific Legal Foundation and John Echeverria of Vermont Law School discuss the issues in a big case about the Fifth Amendment’s Takings Clause. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to…
The constitutional legacy of Prohibition
Mar 9, 2017 • 67 min
Historians Lisa Andersen and Josh Zeitz explore the history and politics of Prohibition, including its impact on federal power and civil liberties. American Spirits: The Rise and Fall of Prohibition is now open at the National Constitution Center through…
The future of federalism
Mar 2, 2017 • 69 min
In a special live event at Georgetown University, Josh Blackman of the South Texas College of Law in Houston and Peter Edelman of Georgetown discuss the fate of federalism in the Trump era. Special thanks to Clifton Fels and the Georgetown chapters of the…
Jeffrey Rosen answers your constitutional questions
Feb 23, 2017 • 50 min
The president and CEO of the National Constitution Center answers listener questions about sanctuary cities, presidential power, and more. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution…
Presidential succession and the 25th Amendment at 50
Feb 16, 2017 • 54 min
Akhil Reed Amar of Yale University and Norman Ornstein of the American Enterprise Institute explain how succession works and how it can be improved. It’s time for another edition of “Ask Jeff”! Submit your questions anonymously at bit.ly/askjeffpodcast or…
Should Neil Gorsuch be confirmed to the Supreme Court?
Feb 9, 2017 • 55 min
Michele Jawando of the Center for American Progress and John Malcolm of the Heritage Foundation discuss the judge’s record and potential to shape the Court. It’s time for another edition of “Ask Jeff”! Submit your questions anonymously at…
President Trump’s immigration order: Is it legal?
Feb 2, 2017 • 42 min
Peter Spiro of Temple University and Anil Kalhan of Drexel University explore the best arguments for and against the President’s controversial action on refugees and international travel. Get the latest constitutional news, and continue the conversation,…
Has President Trump violated the Emoluments Clause?
Jan 26, 2017 • 50 min
Brianne Gorod of the Constitutional Accountability Center and Andy Grewal of the University of Iowa discuss questions about the President’s business operations. Get the latest constitutional news, and continue the conversation, on Facebook and Twitter. We…
Offensive speech and trademarks at the Supreme Court
Jan 19, 2017 • 57 min
Deborah Gerhardt of the University of North Carolina, Ilya Shapiro of the Cato Institute, and Rebecca Tushnet of Georgetown University discuss Lee v. Tam, a big First Amendment case. Get the latest constitutional news, and continue the conversation, on…
The future of the regulatory state
Jan 12, 2017 • 48 min
Gillian Metzger of Columbia University and David Bernstein of George Mason University explain how President Trump, Congress, and the courts may challenge the executive agencies that govern our daily lives. Get the latest constitutional news, and continue…
A new look at America’s founding
Jan 5, 2017 • 63 min
Michael Klarman of Harvard Law School and Patrick Spero of the American Philosophical Society reassess the debates that defined the Founding era. This program was presented live at the Constitution Center on November 14, 2016. You can watch the program on…
President Obama’s constitutional legacy
Dec 29, 2016 • 60 min
Journalists and scholars give their take on the Obama presidency. The speakers are Jonathan Chait of New York magazine, Michael Days of The Philadelphia Daily News, David French and Ramesh Ponnuru of National Review, and Michael Gerhardt,…
Akhil Reed Amar on the Bill of Rights
Dec 22, 2016 • 66 min
Akhil Reed Amar of Yale University explains the history and importance of the Bill of Rights on its 225th anniversary. This program was presented live at the National Constitution Center on December 15, 2016, as part of the annual Bill of Rights Day Book…
The Bill of Rights at 225
Dec 15, 2016 • 58 min
Historians Carol Berkin and David O. Stewart reflect on the history and legacy of the Bill of Rights as it turns 225 years old. Get the latest constitutional news, and continue the conversation, on Facebook and Twitter. We want to know what you think of…
Is this the end of partisan gerrymandering?
Dec 8, 2016 • 44 min
Nicholas Stephanopoulos of the University of Chicago and Michael Morley of Barry University discuss a big Wisconsin case that could reach the Supreme Court. Get the latest constitutional news, and continue the conversation, on Facebook and Twitter. We…
Should we abolish the Electoral College?
Dec 1, 2016 • 56 min
Alex Keyssar of Harvard University and James Ceaser of the University of Virginia explore the history and purpose of the Electoral College. Get the latest constitutional news, and continue the conversation, on Facebook and Twitter. We want to know what…
The state of campus free speech
Nov 24, 2016 • 89 min
Scholars and activists explore the future of free expression at U.S. universities. The speakers are PEN America Executive Director Suzanne Nossel, First Amendment expert Floyd Abrams, University of Missouri student activist Storm Ervin, civil rights…
Donald Trump and the Supreme Court
Nov 17, 2016 • 60 min
Dahlia Lithwick of Slate and Jonathan Adler of Case Western Reserve University explain how new appointments to the Court could change constitutional law. Get the latest constitutional news, and continue the conversation, on Facebook and Twitter. We want…
Looking ahead to the Trump presidency
Nov 10, 2016 • 62 min
Michael Dorf of Cornell University and Ilya Shapiro of the Cato Institute discuss how the Constitution will restrain or empower the new President. Get the latest constitutional news, and continue the conversation, on Facebook and Twitter. We want to know…
The Fourteenth Amendment and equality under the law
Nov 3, 2016 • 53 min
Elizabeth Wydra of the Constitutional Accountability Center and Earl Maltz of Rutgers University discuss how Hillary Clinton and Donald Trump approach abortion, same-sex marriage, affirmative action, and more. Get the latest constitutional news, and…
The Fourth Amendment and civil liberties
Oct 27, 2016 • 60 min
Tracey Meares of Yale University and John Stinneford of the University of Florida explore how Hillary Clinton and Donald Trump approach policing and privacy. Get the latest constitutional news, and continue the conversation, on Facebook and Twitter. We…
The Second Amendment and gun rights
Oct 20, 2016 • 57 min
Joseph Blocher of Duke University and attorney Alan Gura discuss how Hillary Clinton and Donald Trump may enforce or undermine the right to bear arms. Get the latest constitutional news, and continue the conversation, on Facebook and Twitter. We want to…
The First Amendment and the freedom of expression
Oct 13, 2016 • 68 min
Erwin Chemerinsky of the University of California, Irvine, and Bradley Smith of Capital University explore how Hillary Clinton and Donald Trump may protect or threaten the freedoms of speech and press. Get the latest constitutional news, and continue the…
Article III and the future of the Supreme Court
Oct 6, 2016 • 64 min
Daniel Farber of the University of California, Berkeley, and Barry McDonald of Pepperdine University discuss how Hillary Clinton and Donald Trump would appoint judges and change constitutional law. Get the latest constitutional news, and continue the…
What to expect at the Supreme Court this year
Sep 29, 2016 • 52 min
John Malcolm of the Heritage Foundation and Michele Jawando of the Center for American Progress discuss recent news from the high court and cases to watch in the new term. Get the latest constitutional news, and continue the conversation, on Facebook and…
Article V and constitutional change
Sep 22, 2016 • 55 min
Michael Rappaport of the University of San Diego and David Strauss of the University of Chicago discuss how Hillary Clinton and Donald Trump could change the Constitution. Get the latest constitutional news, and continue the conversation, on Facebook and…
Article II and the powers of the President
Sep 15, 2016 • 58 min
Michael Ramsey of the University of San Diego and Christopher Schroeder of Duke University discuss how Hillary Clinton and Donald Trump understand the powers and duties of the nation’s chief executive. Get the latest constitutional news, and continue the…
The Constitution at Guantánamo Bay
Sep 8, 2016 • 47 min
John Yoo of the University of California, Berkeley, and Karen Greenberg of Fordham University discuss the legal status of detainees and prospects for the prison’s closure in the final months of the Obama administration. Get the latest constitutional news,…
America’s biggest constitutional crises
Sep 1, 2016 • 60 min
Annette Gordon-Reed of Harvard University, Sean Wilentz of Princeton University, and political journalist Sidney Blumenthal explore how Presidents have confronted the nation’s gravest constitutional crises. Get the latest constitutional news, and continue…
Jeffrey Rosen answers your questions about constitutional interpretation
Aug 25, 2016 • 63 min
Jeffrey Rosen, president and CEO of the National Constitution Center, answers your questions about progressive originalism, Justice Clarence Thomas, the Civil War, and more. Get the latest constitutional news, and continue the conversation, on Facebook…
The history and meaning of the 19th Amendment
Aug 18, 2016 • 46 min
Gretchen Ritter of Cornell University and Susan Ware explore the history of women’s rights and the fight to extend voting rights to all women. Get the latest constitutional news, and continue the conversation, on Facebook and Twitter. We want to know what…
Voting rights in the courts
Aug 11, 2016 • 57 min
Hans von Spakovsky of the Heritage Foundation and Wendy Weiser of the Brennan Center for Justice explore recent court rulings about the right to vote in America. Get the latest constitutional news, and continue the conversation, on Facebook and Twitter.…
The presidency of George Washington
Aug 4, 2016 • 66 min
Akhil Reed Amar of Yale University, Edward Larson of Pepperdine University, and Douglas Bradburn of George Washington’s Mount Vernon explore the constitutional legacy of our nation’s first President. Get the latest constitutional news, and continue the…
A constitutional history of the Democratic Party
Jul 28, 2016 • 39 min
Political journalist Sidney Blumenthal, Sean Wilentz of Princeton University, and William Forbath of the University of Texas explore the history of the Democrats through a constitutional lens. Get the latest constitutional news, and continue the…
A constitutional history of the Republican Party
Jul 21, 2016 • 49 min
David French of the National Review and Michael Gerhardt of the University of North Carolina explore the history of the GOP through a constitutional lens. Get the latest constitutional news, and continue the conversation, on our Facebook page and Twitter…
Political parties and the Constitution
Jul 14, 2016 • 50 min
James Ceaser of the University of Virginia and Luis Fuentes-Rohwer of Indiana University discuss the role of parties in the American constitutional system. This episode is the first part of a three-part series on political parties and the Constitution.…
A ‘deep dive’ on the Supreme Court
Jul 7, 2016 • 63 min
Jeffrey Rosen, president and CEO of the National Constitution Center, is joined by leading Supreme Court watchers to review the recent term and look ahead to the future. The participants are Neal Katyal of Georgetown University and Hogan Lovells; Judge…
Making sense of an unpredictable year at the Supreme Court
Jun 30, 2016 • 44 min
Carrie Severino of the Judicial Crisis Network and Michael Dorf of Cornell Law School explore the biggest cases and trends at the Supreme Court this year. Get the latest constitutional news, and continue the conversation, on our Facebook page and Twitter…
The Orlando shooting and the Constitution
Jun 23, 2016 • 53 min
Adam Winkler of the University of California, Los Angeles and Ilya Shapiro of the Cato Institute explore the constitutional debates over gun control and immigration policy. Get the latest constitutional news, and continue the conversation, on our Facebook…
Gawker, Hulk Hogan, and the First Amendment
Jun 16, 2016 • 54 min
Jane Kirtley of the University of Minnesota and Amy Gajda of Tulane University examine the Gawker-Hulk Hogan dispute and the tension between press freedom and privacy. Get the latest constitutional news, and continue the conversation, on our Facebook page…
Hamilton, the man and the musical
Jun 9, 2016 • 37 min
Annette Gordon-Reed and Michael Klarman of Harvard Law School discuss Alexander Hamilton’s constitutional legacy and the Broadway musical that bears his name. Get the latest constitutional news, and continue the conversation, on our Facebook page and…
The life and legacy of Justice Louis Brandeis
Jun 2, 2016 • 90 min
Jeffrey Rosen, president and CEO of the National Constitution Center, is joined by Melvin Urofsky of Virginia Commonwealth University and Philippa Strum of the Wilson Center to discuss his new biography of U.S. Supreme Court Justice Louis Brandeis. Get…
Jeffrey Rosen answers your questions about the Constitution
May 26, 2016 • 58 min
Jeffrey Rosen, president and CEO of the National Constitution Center, answers questions about originalism, presidential primaries, Harvard final clubs, and more. Get the latest constitutional news, and continue the conversation, on our Facebook page and…
Felons and the right to vote
May 19, 2016 • 47 min
Roger Clegg of the Center for Equal Opportunity and Erika Wood of New York Law School debate whether voting rights should be restored for people with past criminal convictions. It’s time for another episode of “Ask Jeff”! Tweet us your questions using the…
Marijuana and the Constitution
May 12, 2016 • 54 min
Douglas Berman of The Ohio State University and Randy Barnett of Georgetown University explore the constitutional issues at stake in the regulation and legalization of marijuana. Get the latest constitutional news, and continue the conversation, on our…
Debating the laws regulating bathroom use and gender
May 5, 2016 • 58 min
Joshua Block from the ACLU and Matthew Sharp from the Alliance Defending Freedom join our Jeffrey Rosen to take a closer look at the debate over laws regulating bathroom use for transgender Americans.
Bob McDonnell, public corruption, and the Supreme Court
Apr 28, 2016 • 48 min
Noah Bookbinder of Citizens for Responsibility and Ethics in Washington and Judge Nancy Gertner of Harvard Law School discuss the issues at stake in McDonnell v. United States. Get the latest constitutional news, and continue the conversation, on our…
Is President Obama’s immigration policy against the law?
Apr 21, 2016 • 48 min
Josh Blackman of the South Texas College of Law and Cristina Rodriguez of Yale Law School review the issues and oral arguments in United States v. Texas. Get the latest constitutional news, and continue the conversation, on our Facebook page and Twitter…
The future of free speech at the Supreme Court
Apr 14, 2016 • 43 min
Adam Liptak of The New York Times and Geoffrey Stone of the University of Chicago discuss the future of free speech in a special Freedom Day episode. Get the latest constitutional news, and continue the conversation, on our Facebook page and Twitter feed.…
Does the Senate have a duty to hold hearings for Supreme Court nominees?
Apr 7, 2016 • 48 min
Erwin Chemerinsky of the University of California, Irvine and Michael Ramsey of the University of San Diego debate what the Constitution requires when it comes to Supreme Court appointments. We need your help to make this podcast even better! Go to…
Religious liberty and the Obamacare contraceptive mandate
Mar 31, 2016 • 48 min
Greg Lipper of Americans United for Separation of Church and State and Michael Moreland of Villanova University debate one of the most important Supreme Court cases of the term. We need your help to make this podcast even better! Go to bit.ly/wtpfeedback…
Celebrating the appointment of Chief Justice John Marshall
Mar 24, 2016 • 57 min
Jeffrey Rosen, president and CEO of the National Constitution Center, explores the Great Chief Justice’s constitutional clashes with Thomas Jefferson and his influence on later Justices in a talk for the Supreme Court Historical Society. We need your help…
The constitutional and political impact of Citizens United
Mar 17, 2016 • 46 min
David Keating of the Center for Competitive Politics and Paul Ryan of the Campaign Legal Center discuss the state of elections and campaign finance, six years after Citizens United. We need your help to make this podcast even better! Go to…
In Apple v. FBI, who should win?
Mar 11, 2016 • 54 min
Joseph DeMarco of DeVore and DeMarco LLP and David Greene of the Electronic Frontier Foundation debate whether Apple must assist the FBI in unlocking an iPhone used in the San Bernadino attack. We need your help to make this podcast even better! Go to…
The Texas abortion case at the Supreme Court
Mar 3, 2016 • 55 min
Clarke Forsythe from Americans United For Life and Mary Ziegler from the Florida State University College of Law join the National Constitution Center’s Jeffrey Rosen to discuss the major abortion case heard by the Supreme Court this week.
The 14th Amendment and the NAACP Legal Defense Fund
Feb 25, 2016 • 63 min
Judge James Wynn of the Fourth Circuit and Chief Judge Theodore McKee of the Third Circuit discuss the meaning of the 14th Amendment and the impact of the NAACP Legal Defense Fund.
The life and legacy of Justice Antonin Scalia
Feb 18, 2016 • 44 min
Lawrence Lessig of Harvard Law School and Steven Calabresi of the Northwestern Pritzker School of Law remember the late Justice and reflect on his constitutional legacy.
Constitutional Minute: Women and the draft
Feb 11, 2016 • 0 min
In this bonus segment, Jeffrey Rosen, president and CEO of the National Constitution Center, explains the constitutional debate over requiring women to register for the draft.
The Constitution in the 2016 presidential primaries
Feb 11, 2016 • 55 min
Ilya Shapiro of the Cato Institute and Michael Dorf of Cornell University Law School discuss hot topics on the campaign trail, including citizenship, immigration, and gun control.
The 15th Amendment and the right to vote
Feb 4, 2016 • 41 min
Richard Pildes of the New York University School of Law and Bradley Smith of the Capital University Law School discuss the history and meaning of the last Reconstruction Amendment.
Jeffrey Rosen answers your constitutional questions
Jan 28, 2016 • 50 min
Jeffrey Rosen, president and CEO of the National Constitution Center, answers listener questions about natural-born citizenship, gun rights, same-sex marriage, and more.
What’s next for free speech?
Jan 21, 2016 • 56 min
Geoffrey Stone of the University of Chicago Law School and Eugene Volokh of the UCLA School of Law dissect the Free Speech Clause of the First Amendment and explore current debates over its meaning.
Public unions and free speech at the Supreme Court
Jan 13, 2016 • 40 min
Catherine Fisk of the University of California, Irvine School of Law and David Forte of the Cleveland State University Marshall College of Law break down the constitutional issues in Friedrichs v. California Teachers Association and predict how the Court…
Constitutional Minute: Natural-born citizenship
Jan 13, 2016 • 0 min
In this bonus segment, Jeffrey Rosen, president and CEO of the National Constitution Center, explains what the Constitution says about “natural born” citizenship and the presidency.
Have we lost our First Amendment rights of assembly and petition?
Jan 7, 2016 • 49 min
Burt Neuborne of the New York University School of Law and John Inazu of the Washington University School of Law reveal the history and power of the First Amendment’s Assembly and Petition Clauses.
Dissent and the Supreme Court
Dec 30, 2015 • 64 min
Revered judicial authority Melvin Urofsky talks about his new book on the history of dissent at the Supreme Court and its role in the nation’s constitutional dialogue.
The life and legacy of President George H.W. Bush
Dec 23, 2015 • 66 min
Presidential historian Jon Meacham joins The New Yorker’s Ryan Lizza to discuss his blockbuster new biography of George H.W. Bush, the nation’s 41st President and a former chairman of the National Constitution Center.
The history and meaning of the Establishment Clause
Dec 16, 2015 • 48 min
In honor of the holiday season, Michael McConnell of Stanford Law School and Marci Hamilton of the Cardozo School of Law debate the history and contemporary application of the First Amendment’s Establishment Clause.
The 150th anniversary of the 13th Amendment
Dec 10, 2015 • 45 min
Tom Donnelly of the Constitutional Accountability Center, Jamal Greene of Columbia Law School and Randy Barnett of the Georgetown University Law Center discuss the history, meaning, and legacy of the 13th Amendment.
Affirmative action returns to the Supreme Court
Dec 3, 2015 • 57 min
Amy Wax of the University of Pennsylvania Law School and Neil Siegel of the Duke University School of Law preview an upcoming Supreme Court case about “racial preferences” in university admissions.
Does the Second Amendment protect the right to own and carry a gun?
Nov 24, 2015 • 94 min
Michael O’Shea of the Oklahoma City University School of Law and Carl Bogus of the Roger Williams University School of Law debate the history and meaning of the Second Amendment at the Chicago Cultural Center in Chicago, Illinois.
The First Amendment speech debate on college campuses
Nov 20, 2015 • 39 min
Erwin Chemerinsky and Greg Lukianoff join National Constitution Center scholar in residence Michael Gerhardt to discuss controversies at Yale, Missouri and other universities about free speech and hate speech.
The meaning of “one person, one vote”
Nov 12, 2015 • 45 min
Rick Hasen of the University of California, Irvine School of Law and Ilya Shapiro of the Cato Institute in Washington preview an important new Supreme Court case about voter equality.
Is the death penalty unconstitutional?
Nov 4, 2015 • 45 min
John Stinneford of the University of Florida Levin College of Law and Elizabeth Wydra of the Constitutional Accountability Center discuss the meaning of the Eighth Amendment and the future of the death penalty.
The first 10 years of the Roberts Court
Oct 29, 2015 • 42 min
Adam Liptak of The New York Times and Joan Biskupic of Reuters News reflect on the tenure of Chief Justice John Roberts and the impact of the Supreme Court under his leadership.
A reasoned debate about the Second Amendment
Oct 22, 2015 • 49 min
Adam Winkler of the UCLA School of Law and Nelson Lund of the George Mason University School of Law examine the history of the Second Amendment and the current debates about the extent of its protections.
Is the Constitution color-blind?
Oct 13, 2015 • 55 min
Theodore Shaw of the University of North Carolina School of Law and Michael Rosman of the Center for Individual Rights explore how the Constitution deals with race.
The Constitution and the world
Oct 8, 2015 • 48 min
Oona Hathaway of Yale Law School and Michael Paulsen of the University of St. Thomas School of Law debate whether foreign laws or international agreements have a role in interpreting the U.S. Constitution.
What’s next at the Supreme Court?
Sep 30, 2015 • 51 min
Kenji Yoshino of the New York University School of Law and Josh Blackman of the South Texas College of Law preview the new Supreme Court term that begins on October 5.
When religious liberty conflicts with LGBT rights, who wins?
Sep 23, 2015 • 45 min
Kristina Arriaga of the Becket Fund for Religious Liberty and Greg Lipper of Americans United for Separation of Church and State discuss the Kim Davis saga and two competing bills in Congress.
Explore the new Interactive Constitution
Sep 15, 2015 • 47 min
Richard Pildes of the New York University School of Law and Nicholas Quinn Rosenkranz of the Georgetown University Law Center join the National Constitution Center’s Jeffrey Rosen to introduce the Center’s online Interactive Constitution.
Obamacare, Kim Davis, and religious exemptions
Sep 10, 2015 • 47 min
Matt Bowman of the Alliance Defending Freedom and Ian Millhiser of the Center for American Progress examine constitutional challenges to the Affordable Care Act’s contraceptive mandate with guest host Michael Gerhardt of the University of North Carolina…
The Constitution on the 2016 campaign trail
Sep 3, 2015 • 46 min
Ilya Shapiro of the Cato Institute and Michael Dorf of Cornell Law School join the National Constitution Center’s Jeffrey Rosen to analyze what the 2016 presidential candidates are saying about the Constitution.
Texas H.B. 2 and the right to an abortion
Aug 27, 2015 • 37 min
The National Constitution Center’s Jeffrey Rosen welcomes Stephanie Roti from the Center for Reproductive Rights and Emily Kebodeaux from Texas Right to Life to discuss a constitutional challenge to a Texas law regulating abortion providers.
The 14th Amendment and birthright citizenship
Aug 19, 2015 • 47 min
Stanford Law School’s Bernadette Meyler and Emory University School of Law’s William Mayton join the National Constitution Center’s Jeffrey Rosen to discuss the 14th Amendment’s Citizenship Clause and current debate over the children of immigrants living…
Why the Innocent Plead Guilty
Aug 12, 2015 • 65 min
The National Constitution Center’s Jeffrey Rosen is joined by federal judges Jed Rakoff and Michael Baylson to debate the public misconceptions and systemic failings of America’s criminal justice system.
The history and legacy of the 13th Amendment
Aug 6, 2015 • 60 min
The National Constitution Center’s Jeffrey Rosen is joined by “patriotic philanthropist” and Carlyle Group founder David Rubenstein to discuss the history and legacy of the 13th Amendment.
Is the Iran nuclear deal constitutional?
Jul 30, 2015 • 47 min
BakerHostetler’s David Rivkin and Hofstra University’s Julian Ku join the National Constitution Center’s Jeffrey Rosen to discuss the Iran nuclear deal and the constitutional questions about its passage and enforcement.
Voting rights on trial in North Carolina
Jul 22, 2015 • 52 min
As the 50th anniversary of the Voting Rights Act approaches, Rick Hasen of the University of California, Irvine School of Law and Derek Muller of the Pepperdine University School of Law join the National Constitution Center’s Jeffrey Rosen to discuss a…
Everything You Need to Know About The Constitution in Two Amendments
Jul 16, 2015 • 53 min
Jeffrey Rosen, President and CEO of the National Constitution Center, leads an interactive discussion about the myriad issues, history, and opinions related to the First and Fourth Amendments.
Perspectives on a historic Supreme Court term
Jul 9, 2015 • 56 min
National Constitution Center president Jeffrey Rosen is joined by U.S. Senator Chris Coons, Neal Katyal, David Frum and David Leonhardt to break down a busy end to the Supreme Court’s term.
The Supreme Court decisions on same-sex marriages, redistricting
Jul 2, 2015 • 58 min
National Constitution Center president and CEO Jeffrey Rosen is joined by Richard Pildes and Michael Stokes Paulsen to analyze the constitutional aspects of the Supreme Court’s same-sex marriage and election redistricting decisions.
Analyzing the Obamacare Supreme Court decision
Jun 25, 2015 • 40 min
The National Constitution Center’s Jeffrey Rosen is joined by Ilya Shapiro and Erwin Chemerinsky to break down Thursday’s decision that upheld critical Obamacare tax subsidies in about three dozen states.
Supreme Court rules on license plates, church signs and visas
Jun 18, 2015 • 49 min
The National Constitution Center’s Jeffrey Rosen talks with Ilya Somin from George Mason University and the Constitutional Accountability Center’s Elizabeth B. Wydra about four big Supreme Court cases, including decisions on vanity license plates and…
Zivotofsky: Which branch controls foreign affairs?
Jun 9, 2015 • 47 min
The National Constitution Center’s Jeffrey Rosen is joined by Erwin Chemerinsky of the University of California-Irvine School of Law and Richard Epstein of the New York University School of Law to discuss a major ruling on the separation of powers and to…
Reviewing the Supreme Court’s first week of June
Jun 4, 2015 • 43 min
Jeffery Rosen, president and CEO of the National Constitutional Center, is joined by Richard Pildes and Nicholas Quinn Rosenkranz to review the Supreme Court’s headscarf and Facebook decisions, and two other cases on the horizon.
Donor disclosure and anonymous speech
May 28, 2015 • 46 min
Allen Dickerson and Anthony Johnstone debate the controversy over non-profits being forced to release the names of anonymous donors. Jeffrey Rosen of the National Constitution Center hosts this conversation.
Jeffrey Rosen answers questions about the Supreme Court
May 21, 2015 • 41 min
National Constitution Center president Jeffrey Rosen is joined by University of North Carolina professor Michael Gerhardt to answer reader questions about the Supreme Court and other matters.
The Courts, The Constitution and Phone Metadata
May 15, 2015 • 45 min
The National Constitution Center’s Jeffrey Rosen is joined by three top experts to look at the constitutional future of the Patriot Act’s controversial Section 215, which allows the NSA to collect the phone records of Americans.
Capital punishment returns to the Supreme Court
May 6, 2015 • 52 min
The National Constitution Center’s Jeffrey Rosen is joined by Ellen Kreitzberg and David B. Rivkin Jr. to discuss a major Supreme Court case about the use of lethal injection as an execution method.
Debating the Supreme Court’s same-sex marriage arguments
Apr 29, 2015 • 44 min
The National Constitution Center’s Jeffery Rosen is joined by John Eastman and Paul M. Smith to break down the historic arguments about same-sex marriage in the Supreme Court this week.
The Fourth Amendment and police dog searches
Apr 23, 2015 • 39 min
The National Constitution Center’s Jeffrey Rosen is joined by Orin Kerr and Christopher Slobogin to discuss another big Supreme Court decision about the Fourth Amendment and police dogs.
The fight for freedom in the 21st century
Apr 16, 2015 • 65 min
On our first-ever Freedom Day on Thomas Jefferson’s birthday, National Constitution Center president Jeffrey Rosen speaks with five leaders across the ideological spectrum about the meaning of freedom today and tomorrow.
The constitutional debate over state RFRA laws
Apr 2, 2015 • 42 min
The National Constitution Center’s Jeffrey Rosen speaks with Brigham Young University’s Frederick Mark Gedicks and the University of Richmond’s Kevin Walsh about the national debate over state RFRA laws.
The Confederate license plate debate
Mar 27, 2015 • 35 min
Ilya Shapiro and Scott Gaylord join us to debate one of the more interesting cases in front of the Supreme Court this term: the right of Texas to ban state-issued license plates that feature the Confederate flag.
The First Amendment and racist speech on college campuses
Mar 19, 2015 • 47 min
Jeffrey Rosen is joined by Eugene Volokh and Kent Greenfield, who wrote two widely read pieces about the Oklahoma frat situation, for a wide-ranging talk about the First Amendment.
The President, Congress, Iran and the Constitution
Mar 12, 2015 • 47 min
The National Constitution Center’s Jeffrey Rosen is joined by constitutional experts Bruce Ackerman and Louis Fisher to discuss a hot topic: the roles of the President and Congress in conducting America’s foreign policy.
Experts analyze the Supreme Court case about Obamacare
Mar 5, 2015 • 43 min
Jonathan H. Adler from Case Western Reserve University and Nicholas Bagley from the University of Michigan join National Constitution Center president Jeffrey Rosen to analyze the core constitutional arguments in the latest Obamacare challenge at the…
Who holds the redistricting power?
Feb 25, 2015 • 47 min
Michael Morley and Nick Stephanopoulos join our Jeffrey Rosen to discuss an upcoming Supreme Court case from Arizona that could dramatically shape the future of the legislative redistricting process.
Obama’s Immigration policy at a legal crossroads
Feb 19, 2015 • 38 min
Michael Dorf and Ilya Shapiro join the National Constitution Center’s Jeffrey Rosen to discuss the legal and constitutional implications of a judicial decision in Texas that could change, or stop, President Obama’s new immigration policies.
Presidential powers and the Constitution
Feb 13, 2015 • 26 min
Influential scholars Erwin Chemerinsky and Richard Epstein join our Jeffrey Rosen for a special Presidents Day podcast about the true constitutional meaning of executive power.
Learn about our new bipartisan effort to promote constitutional awareness
Feb 4, 2015 • 27 min
National Constitution Center president and CEO Jeffrey Rosen talks about an important new project to promote constitutional awareness with Rick Pildes from the New York University School of Law and Nicholas Quinn Rosenkranz from Georgetown University Law…
Jeff Rosen answers your constitutional questions
Jan 29, 2015 • 47 min
In the latest installment of our popular podcast series, National Constitution Center president Jeffrey Rosen answers your questions about constitutional conventions, creating new states and the rights of immigrants.
Should elected judges be allowed to ask for donations?
Jan 22, 2015 • 38 min
Jeffery Rosen speaks with two leading experts, Bob Corn-Revere and Burt Neuborne, about one of the most interesting cases in the Supreme Court this term: about state-level judges who run for office, and want to raise campaign funds.
Charlie Hebdo and the freedom of speech
Jan 14, 2015 • 24 min
Eric Posner from the University of Chicago and Jonathan Rauch from the Brookings Institution tackle an urgent constitutional debate: If speech is perceived to be insulting or indecent, is it permissible for government to regulate its expression?
Judicial rulings and the evaluation of laws
Jan 7, 2015 • 35 min
Michael Gerhardt from the University of North Carolina School of Law and Clark Neily from the Institute for Justice join our Jeffrey Rosen to discuss a timeless topic among constitutional law scholars: When is it appropriate for the courts to strike down…
The Constitution and the CIA interrogation report
Dec 19, 2014 • 36 min
Jeffrey Rosen, president and CEO of the National Constitution Center, speaks with Michael Lewis from Ohio Northern University and Chris Anders from the American Civil Liberties Union about the constitutional aspects of the CIA’s detainment and…
The aftermath of Ferguson for the legal system
Dec 10, 2014 • 36 min
Our Jeffrey Rosen talks with Tracey L. Meares from Yale Law School and Paul Butler from Georgetown Law about the constitutional and legal fallout from the Ferguson and Staten Island situations.
Free speech, Facebook and the Supreme Court
Dec 4, 2014 • 32 min
Our Jeffrey Rosen speaks with Steven M. Freeman from the Anti-Defamation League and Ilya Shapiro from the Cato Institute about a potential landmark Supreme Court case involving Facebook and free speech.
Experts analyze President Obama’s immigration actions and the Constitution
Nov 21, 2014 • 40 min
Louis Fisher from the Constitution Project and Chris Edelson from American University analyze President Obama’s speech and executive orders about immigration, in an in-depth conversation with the National Constitution Center’s Jeffrey Rosen.
The Supreme Court considers racial gerrymandering
Nov 13, 2014 • 30 min
Rick Hasen from the UC-Irvine School of Law and Roger Clegg from the Center for Equal Opportunity join our Jeffrey Rosen to discuss one of the biggest Supreme Court cases this term, about the roles of race and party in determining election districts.
The discussion over the Supreme Court, passports and Israel
Nov 5, 2014 • 44 min
Jeffrey Rosen from the National Constitution Center is joined by Eugene Kontorovich from Northwestern and Mike Ramsey from the University of San Diego to discuss a big Supreme Court case over the use of the word “Israel” on a passport.
Jeffrey Rosen answers your Bill of Rights questions
Oct 24, 2014 • 39 min
In the newest installment of our Ask Jeff podcast series, the National Constitution Center’s president, Jeffrey Rosen, answers visitor questions about the Bill of Rights
The Supreme Court tackles prison beards and religious liberty
Oct 10, 2014 • 23 min
Howard Friedman and Marci Hamilton join the National Constitution Center’s Jeffrey Rosen to discuss a Supreme Court case that could further define the limits of religious liberty in a secular society.
The real scoop on “The Roosevelts”
Oct 10, 2014 • 74 min
Listen to National Constitution Center president Jeffrey Rosen’s incredible one-hour interview with author Geoffrey Ward, the author of the book on “The Roosevelts” that was featured on PBS.
Eastman and Hasen on the Voting Rights debate
Oct 3, 2014 • 24 min
Rick Hasen from the University of California-Irvine and John Eastman from Chapman University break down the biggest issues about voting rights and the Constitution, as the Supreme Court considers one case and more cases are in front of federal judges.
How our federal judicial system was born
Sep 24, 2014 • 37 min
Jeffrey P. Minear, the Counselor to the Chief Justice of the United States, joins our Jeffrey Rosen to discuss the 225th anniversary of the Act that established our federal judicial system.
John Yoo and Ilya Somin discuss Obama and the War Powers Resolution
Sep 16, 2014 • 37 min
Is President Barack Obama redefining the Constitution by limiting congressional input into military actions against the terror organization ISIL? Leading experts Ilya Somin and John Yoo join the National Constitution Center’s Jeffery Rosen to discuss a…
Online privacy for public figures in the social media age
Sep 5, 2014 • 33 min
Do current laws give public figures and private people adequate protection from online hackers who repost content on websites? The National Constitution Center’s Jeffrey Rosen speaks with Eric Posner and Marc Rotenberg about a very personal topic.
Ask Jeff Rosen, Episode 2: Congress and the Constitution
Aug 15, 2014 • 33 min
In our second “Ask Jeff Rosen” podcast, the National Constitution Center president and CEO Jeffrey Rosen answers reader questions about the 14th Amendment, if Congress is above the law, and if a national day of prayer would be legal.