On September 17, Constitution Day, Patrick Spero—the incoming chief executive officer of the American Philosophical Society’s Library & Museum in Philadelphia—will release his new book, The Scientist Turned Spy: André Michaux, Thomas Jefferson, and the Conspiracy of 1793. It explores the incredible story of an explorer, André Michaux, drawn into a plot orchestrated by the French government to exploit tensions between American settlers and Spanish authorities in the Louisiana region, with the aim of setting up an independent republic. In this episode, Spero joins Jeffrey Rosen to discuss the history of this conspiracy and explore new evidence implicating Thomas Jefferson in the plot, as well as the American Philosophical Society and Jefferson’s role in it.     Resources:  The Scientist Turned Spy: André Michaux, Thomas Jefferson, and the Conspiracy of 1793 (2024)  Stay Connected and Learn More: Questions or comments about the show? Email us at podcast@constitutioncenter.org.   Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.   Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library. Donate

In July, U.S. District Judge Aileen Cannon dismissed a criminal case charging former President Donald Trump with hoarding classified documents at his home in Mar-a-Lago and obstructing justice. Judge Cannon reasoned that the prosecutor in this case, Special Counsel Jack Smith, was not properly appointed by the Justice Department. Matthew Seligman of Stanford Law School and Josh Blackman of the South Texas College of Law Houston, who argued before Judge Cannon on opposite sides of this issue, join Jeffrey Rosen to debate the legal basis for the special counsel role. Resources:  United States v. Nixon (1974)  Trump v. United States (2024)  Josh Blackman and Seth Barrett Tillman, Brief of Professor Seth Barrett Tillman and Landmark Legal Foundation as Amici Curiae in Support of Defendant Trump’s Motion to Dismiss the Indictment, United States v. Trump (March 21, 2024)  Matthew Seligman, Motion for Leave to File Brief by Constitutional Lawyers, Former Government Officials, and State Democracy Defenders Action as Amici Curiae in Opposition to Defendant Donald J. Trump’s Motion to Dismiss, United States v. Trump (April 3, 2024)  Judge Aileen Cannon, Order Granting Motion to Dismiss Superseding Indictment Based on Appointments Clause Violation, United States v. Trump (July 15, 2024)  Jack Smith, Brief for the United States, United States v. Trump, Eleventh Circuit Court of Appeals (August 26, 2024)  Stay Connected and Learn More: Questions or comments about the show? Email us at podcast@constitutioncenter.org.   Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.   Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library. Donate

As the Supreme Court term nears its end, the Court has issued a series of decisions in many blockbuster cases, including overturning Chevron deference, upholding a law disarming domestic violence offenders and applying obstruction laws to January 6 prosecutions. Sarah Isgur of The Dispatch and Marcia Coyle of The National Law Journal join Jeffrey Rosen to review the Supreme Court’s most important decisions from this term so far.   Resources:  Fischer v. United States (2024)  Loper Bright Enterprises v. Raimondo (2024)  United States v. Rahimi (2024)      Questions or comments about the show? Email us at podcast@constitutioncenter.org.   Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library. 

Last week, the Supreme Court heard oral arguments in Merrill v. Milligan. The Court will determine whether Alabama’s 2021 redistricting plan for its seven seats in the U.S. House of Representatives violates Section 2 of the Voting Rights Act of 1965, which prohibits racially discriminatory voting practices and procedures. Joining host Jeffrey Rosen to discuss whether Section 2 and the 14th and 15th Amendments to the Constitution require or forbids congressional districting plans to account for race are Rick Hasen of UCLA and Jason Torchinsky of Holtzman Vogel. Listen to “Redistricting in Alabama and the Voting Rights Act – Part 1” here.   Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. You can find transcripts for each episode on the podcast pages in our Media Library.

To conclude our week-long celebration of Constitution Day and to celebrate the launch of our Constitution 101 course, Supreme Court Justice Stephen Breyer (ret.) joined Jeffrey Rosen, president and CEO of the NCC, for a private conversation with middle and high school students about the importance of civics education in America. Justice Breyer recently joined Justice Neil Gorsuch as honorary co-chair of the National Constitution Center. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. You can find transcripts for each episode on the podcast pages in our Media Library.

After a few months of summer break, the Supreme Court will begin its next term on Monday, October 3. And it could be another historic term. Some of the cases on the docket involve affirmative action, voting rights, free speech and religious liberty, and the Indian Child Welfare Act. Caroline Fredrickson of Georgetown Law and Adam White of George Mason University Antonin Scalia Law School join host Jeffrey Rosen to discuss the key cases and potential themes, including Justice Ketanji Brown Jackson’s arrival, of this term. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. You can find transcripts for each episode on the podcast pages in our Media Library.  

This summer, as a continuation of the National Constitution Center’s Constitution Drafting Project, teams of leading conservative, libertarian, and progressive scholars  convened for a virtual constitutional convention. After debating and deliberating together, they drafted and proposed a series of amendments to the Constitution. In this episode, we share the presentation that the team leaders made on Monday, discussing the five amendments they all agreed upon. Caroline Fredrickson, senior fellow at the Brennan Center for Justice represented team progressive, Ilan Wurman, associate professor at the Sandra Day O'Connor College of Law at Arizona State University, represented team conservative, and Ilya Shapiro, senior fellow and director of constitutional studies at the Manhattan Institute, represented team libertarian. Other convention “delegates” included team progressive’s Jamal Greene of Columbia Law School; team libertarian’s Christina Mulligan of Brooklyn Law School and Timothy Sandefur of the Goldwater Institute; and team conservative’s  Robert George of Princeton University, Michael McConnell of Stanford Law School, and Colleen Sheehan of Arizona State University.  Read the amendments along with introductions by the team leaders here.  This program is presented in conjunction with the National Constitution Center’s Constitution Drafting Project. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

September 17 is Constitution Day in the United States, celebrating the day that members of the Constitutional Convention signed the document in Philadelphia in 1787. As a part of the National Constitution Center’s 2022 celebrations, we hosted a panel live at the NCC in Philadelphia called “Originalism: A Matter of Interpretation.” Emily Bazelon of The New York Times Magazine, Rich Lowry of the National Review, Steven Mazie of The Economist, and Ilan Wurman of Arizona State University joined host Jeffrey Rosen to discuss whether the Constitution should be interpreted according to its original meaning, and if the Supreme Court is consistent in applying principles of originalism in its decisions.   Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

We have just launched an exciting project on the NCC’s website: The Founders’ Library. In it, you can read primary texts that span American constitutional history—from the philosophical works that influenced the Founding generation, to the most important speeches, essays, books, pamphlets, petitions, letters, court cases, landmark statutes, and state constitutions that have shaped the American constitutional tradition. To ensure nonpartisan rigor and ideological diversity, we assembled a group of leading scholars from diverse perspectives to help choose the sources included in the document library. Two of those scholars—Paul Rahe of Hillsdale College and Jonathan Gienapp from Stanford University—join host Jeffrey Rosen today to discuss some of the early texts from the Founders’ Library. Read Professor Rahe’s picks from the Intellectual Foundations of the American Founding (Before 1750): Thucydides — Thucydides, The War between the Athenians and the Peloponnesians (ca. 431-400 BC) Bacon & Hobbes (together) — Francis Bacon, “Selected Excerpts” (1620) and Thomas Hobbes, Leviathan, or the Matter, Forme and Power of a Common Wealth Ecclesiastical and Civil (1651) James Harrington — James Harrington, The Commonwealth of Oceana (1656) Locke – religious toleration, right to revolution — John Locke, A Letter Concerning Toleration (1689) and Two Treatises on Government (1690) Hume & Adam Smith — David Hume, Essays Moral, Political and Literary (1741-58) and Adam Smith, An Inquiry into the Nature and Causes of the Wealth of Nations (1776) Montesquieu — Montesquieu, The Spirit of the Laws (1748)  Read Professor Gienapp’s picks from the Founding Era (1750-1790): John Dickinson, Letters from a Farmer in Pennsylvania, to the Inhabitants of the British Colonies (1768) William Cushing, Instructions to the Jury in the Quock Walker Case, Commonwealth of Massachusetts v. Nathaniel Jennison (1783) James Iredell, To the Public (1786) George Mason, Objections to the Constitution of Government formed by the Convention (1787)   Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

On August 24th, the White House announced a plan to forgive $20,000 in student loan debt for borrowers who received Pell Grants, and $10,000 for other borrowers—all of whom must meet certain income qualifications. The Biden administration says the plan falls under The HEROES Act of 2003. Those in opposition of the plan say it’s presidential overreach, and unfair to those who didn’t go to college or already paid back their loans. Fred Lawrence of the Phi Beta Kappa Society and Charles C. W. Cooke of the National Review join host Jeffrey Rosen to discuss the legal issues on all sides of the loan forgiveness plan.   Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Today on We the People, we’re sharing a conversation from a private event hosted by the National Constitution Center this May in Coral Gables, Florida, recorded with permission from the speakers. The question we asked of our panelists was, “Is the First Amendment Enough?” In today’s world of Twitter mobs, disinformation, and polarized media, should we be looking for a new standard when it comes to regulating speech—or not?  Journalists Kimberly Atkins Stohr of The Boston Globe, David French of The Dispatch, Ali Velshi of MSNBC, and legal scholar Larry Kramer of the William Flora Hewlett Foundation join NCC president and CEO Jeffrey Rosen for the conversation. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

On August 8, the FBI searched Mar-a-Lago, former President Donald Trump’s home in Palm Beach, Florida. They seized 11 sets of documents, some of which were labeled “top secret.” Later in the week, a federal judge unsealed the search warrant, which stated that Trump was being investigated for possibly violating the Espionage Act and two other criminal statutes. John Yoo of the University of California at Berkeley and Steve Vladeck of the University of Texas Law School join host Jeffrey Rosen to talk about the raid, the investigation, and the constitutional questions that arise out of it. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

The Crystal Bridges Museum of American Art in Bentonville, Arkansas, opened a new exhibit this summer called We the People: The Radical Notion of Democracy. It features an original print of the U.S. Constitution—one of only 11 in the world—as well as original prints of the Declaration of Independence, the proposed Bill of Rights, and the Articles of Confederation. To celebrate the opening, the museum invited Jeffrey Rosen, president and CEO of the National Constitution Center, to host a conversation centered around the text and impact of the Declaration of Independence and the Constitution. His guest was Eric Slauter, deputy dean of the humanities at the University of Chicago and the author of The State as a Work of Art: The Cultural Origins of the Constitution. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

In this episode, political theorist William B. Allen, editor and translator of a new edition of Montesquieu’s The Spirit of the Laws, and Alison LaCroix, author of The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms, join Jeffrey Rosen to explore the intellectual foundations—from Montesquieu and beyond—of constitutional interpretation from the founding to the Civil War. They also discuss historical practice and tradition in interpreting the Constitution throughout the interbellum period, and how this history applies to debates over constitutional interpretation today. This program was streamed live on June 17, 2024, as part of our America’s Town Hall series.    Resources: • Alison LaCroix, The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms, 2024 • Montesquieu, ‘The Spirit of the Laws’: A Critical Edition, edited and translated by W. B. Allen, 2024 • The Commerce Clause • Alison LaCroix, “James Madison v. Originalism,” Project Syndicate (Aug. 26, 2022) • 10th Amendment • Andrew Jackson, Proclamation Regarding Nullification, (December 10, 1832) • Martin v. Hunter's Lessee (1816) • Preamble to the Constitution   Questions or comments about the show? Email us at podcast@constitutioncenter.org.    Continue today’s conversation on Facebook and Twitter using@ConstitutionCtr.    Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.    You can find transcripts for each episode on the podcast pages in our Media Library. 

The Electoral Count Act of 1887 is the law that dictates the congressional procedure for certifying Electoral College results in a presidential election. Congress passed it in response to the presidential election of 1876, where Democrat Samuel Tilden won the popular vote, but lost the presidency to Republican Rutherford B. Hayes because of contested results in three states. The law is also implicated in the attempt to overthrow the results of the 2020 presidential election. Now, Senator Joe Manchin of West Virginia and Senator Susan Collins of Maine have introduced a bill they say will fix the Electoral Count Act. Rick Pildes of NYU Law and Michael McConnell of Stanford Law co-authored a piece for the Election Law Blog called “Why Congress should swiftly enact the Senate’s bipartisan ECA reform bill,” and today they joinhost Jeffrey Rosen to discuss the pros and cons of the bill. Listen to our first episode on the Electoral Count Act with Ned Foley and Brad Smith from January 2022. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

The U.S. Supreme Court ruling in Dobbs v. Jackson Women's Health Organization overturned the landmark decision of Roe v. Wade and found no constitutional basis for a right to choose abortion. Teresa Stanton Collett of the University of St. Thomas School of Law (Minnesota), David French of The Dispatch, Katherine Mayall of the Center for Reproductive Rights, and Mary Ziegler of UC Davis School of Law and author of Dollars for Life: The Anti-Abortion Movement and the Fall of the Republican Establishment, join for a conversation exploring the role of the Supreme Court in shaping abortion rights under the Constitution, how U.S. abortion law compares to that of other countries after Roe, and what lessons the United States can learn from how abortion is treated by law in other nations. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program is presented in partnership and generously sponsored by the Center for Constitutional Design at Arizona State University's Sandra Day O'Connor College of Law. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

In June, the Supreme Court agreed to hear Moore v. Harper, a case out of North Carolina about the power of state courts to review election regulations set by state legislatures. At the heart of the case is the so-called “independent state legislature” theory, which has gained popularity in some limited circles. The Supreme Court will now directly address it when it hears arguments in the case next term. Joining us to examine the arguments for and against the independent state legislature theory is Vikram Amar, dean of Illinois College of Law and co-author of an article in the Supreme Court Review that’s critical of the theory; and Jason Torchinsky, partner at Holtzman Vogel, and author of an amicus brief in Moore v. Harperon the side of North Carolina, on behalf of the National Republican Redistricting Trust. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.  Check out What is the “Independent State Legislature Doctrine”? – Part 1 from March 2022. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

On July 6th, the National Constitution Center hosted a panel to present the reports of teams participating in the Center’s Restoring the Guardrails of Democracy project. The project brings together three teams of leading experts— conservative, libertarian, and progressive—to identify institutional, legal, and technological reforms that might address current threats to American democracy.  Team conservative is comprised of Sarah Isgur, Jonah Goldberg, and David French—all of The Dispatch. Team libertarian includes Clark Neily and Walter Olson of the Cato Institute, and Ilya Somin of the Antonin Scalia Law School at George Mason University. Team progressive is comprised of Edward Foley of The Ohio State University and Franita Tolson of USC Gould School of Law.  The three team leaders—Sarah Isgur, Clark Neily, and Ned Foley—presented their reports and discussed their various suggested reforms, including those on which they agree and disagree about. Jeffrey Rosen, president and CEO of the National Constitution Center, moderated.   Learn more about the Restoring the Guardrails of Democracy initiative and read the full reports on the National Constitution Center’s website. Read the reports: Sarah Isgur, David French, and Jonah Goldberg, Restoring the Guardrails of Democracy: Team Conservative Clark Neily, Walter Olson, and Ilya Somin, Restoring the Guardrails of Democracy: Team Libertarian Edward B. Foley and Franita Tolson, Restoring the Guardrails of Democracy: Team Progressive The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Back in March, we recapped oral arguments in West Virginia v. Environmental Protection Agency, a case concerning the EPA’s authority to regulate greenhouse gas emissions. On the last day of its term, the Supreme Court issued a 6-3 opinion dealing a significant blow to the federal government’s ability to enact climate regulations, and calling into question the future of the administrative state. Joining us to unpack the opinion is Jonathan Adler, inaugural Johan Verheij Memorial Professor of Law and founding director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law; and Lisa Heinzerling, the Justice William J. Brennan, Jr., Professor of Law at the Georgetown University Law Center. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.  The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Toward the end of yet another landmark Supreme Court term, the Court issued decisions in two major cases concerning religious liberty when it comes to education in America. Carson v. Makin held that the state of Maine can’t withhold public funding from families relying on vouchers to attend religious schools. And Kennedy v. Bremerton came out in favor of a public high school football coach who lost his job after leading prayers on the 50-yard line. These are big First Amendment cases with widespread implications for free exercise of religion and separation of church and state in schools nationwide. In this episode, Michael Moreland, of Villanova University Charles Widger School of Law, and Erwin Chemerinsky, dean of Berkeley Law, unpack the Court’s reasoning and help explain the outcomes. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Also check out: “Student Aid, Religious Education, and the First Amendment,” We the People episode on Carson v. Makin “Football, Faith, and the First Amendment” and “Football, Faith, and the First Amendment – Part 2” We the People episodes on Kennedy v. Bremerton   Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

On Friday, June 24th, the Supreme Court released its opinion in Dobbs v. Jackson Women’s Health Organization. The decision overrules the landmark cases Roe v. Wade and Planned Parenthood v. Casey, which held that women have the constitutional right to seek pre-viability abortions. In this episode, professors Mary Ziegler of UC Davis Law School and O. Carter Snead of Notre Dame Law School join once again to unpack the constitutional reasoning in the majority opinion and the dissent, and the implications for the future of other unenumerated rights in America. Jeffrey Rosen moderates.  Listen to “The Dobbs v. Jackson case – Part 1,” from November 25, 2021 Listen to “The Dobbs v. Jackson case – Part 2,” from December 3, 2021 Listen to “The Dobbs v. Jackson Case – Part 3,” from May 12, 2022 Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

On Thursday, June 23, the Supreme Court released its opinion in New York State Rifle & Pistol Association v.Bruen. In a 6-3 opinion by Justice Clarence Thomas, the Court held that New York’s law requiring anyone seeking a concealed carry license to demonstrate they had “proper cause” for the license—or a special need for self-defense—violated the Second Amendment rights of law-abiding citizens. The decision expands the Second Amendment right to bear arms to include outside the home. To help us understand the opinion and what it means for gun rights, gun control measures and future reforms and legislation surrounding guns—including assault weapons bans—are Adam Winkler of UCLA, author of Gunfight: The Battle Over the Right to Bear Arms in America, and Clark Neily of the Cato Institute, who served as co-counsel in the landmark Second Amendment case District of Columbia v. Heller. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

June is Pride Month. The first Pride March took place in June 1970, to commemorate the Stonewall Uprising the year prior. Today on We the People, we look back on LGBTQ rights and advocacy throughout American history—from key stories and figures to key court cases interpreting the scope of LGBTQ rights under the Constitution. James Kirchick, author of Secret City: The Hidden History of Gay Washington, and Dale Carpenter, Judge William Hawley Atwell Chair of Constitutional Law at SMU and author of Flagrant Conduct: The Story of Lawrence v Texas, join Jeffrey Rosen for the conversation. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

As the congressional hearings for the events of January 6, 2021, continue, we’ll hear from The Honorable J. Michael Luttig, formerly of the U.S. Court of Appeals for the Fourth Circuit, as he recounts a story of his historical tweet that contributed to Vice President Mike Pence’s decision to certify the results of the 2020 election, along with his reflections on how to prevent another January 6. He’s then joined by three experts—Ned Foley of The Ohio State University, Sarah Isgur of The Dispatch, and Clark Neily of the Cato Institute—who are each leading a team on a bipartisan project for the National Constitution Center, Restoring the Guardrails of Democracy. They discuss other potential reforms including whether changes should be made to the Electoral Count Act and preview their forthcoming reports for the project, which will be published later this summer. Together, our panelists consider ways to strengthen American constitutional and democratic institutions against current and future threats. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.   This conversation was originally part of a live, private event hosted by the National Constitution Center in Coral Gables, Florida, recorded in May 2022 with permission from the speakers. The Restoring the Guardrails of Democracy project is made possible with the support of Mike and Jackie Bezos. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

In this episode, AEI’s Yuval Levin, author of American Covenant: How the Constitution Unified Our Nation—and Could Again, and Aziz Rana, professor at Boston College Law and author of The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them, join Jeffrey Rosen for a discussion about whether the Constitution has failed us or can serve as a document of national unity.     Resources:  Yuval Levin, American Covenant: How the Constitution Unified Our Nation—and Could Again (2024)  Aziz Rana, The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them (2024)  “The Modern History of Originalism,” NCC’s We the People  podcast, (Aug 2023) Article V, Interactive Constitution   Questions or comments about the show? Email us at podcast@constitutioncenter.org.      Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.     Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.     You can find transcripts for each episode on the podcast pages in our Media Library.  

While the idea of freedom of speech may be closely associated with the American constitutional tradition under the First Amendment today, its origins go back thousands of years, and its ideals have been expressed in civilizations around the world. Joining president and CEO Jeffrey Rosen to discuss that storied history—from Martin Luther’s posting his 95 Theses, to state laws regarding social media—and examine defenses of free speech are Jacob Mchangama, author of Free Speech: A History from Socrates to Social Media, and David Cole, National Legal Director of the ACLU.  Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

This week, the National Constitution Center and the National Association of Attorneys General hosted a bipartisan conversation with Attorneys General Doug Peterson of Nebraska and Phil Weiser of Colorado exploring the role of state attorneys general, state law, and state police powers under the Constitution in addressing the potential dangers of various social media platforms to public health, privacy, and competition. Jeffrey Rosen, president and CEO of the National Constitution Center, moderated.  This program is presented in partnership with the Center for Excellence in Governance at the National Association of Attorneys General. To watch National Constitution Center Town Hall programs live, check out our schedule of upcoming programs. Register through Zoom to ask your constitutional questions in the Q&A or watch live on YouTube. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

There’s a lot happening in the world of election law. From the Supreme Court’s opinion last week in FEC v. Ted Cruz, to a redistricting case in Alabama, to a North Carolina case dealing with the independent state legislature doctrine-- we’re doing a deep dive with John Fortier, senior fellow at the American Enterprise Institute, and Rick Hasen, professor of law at UC Irvine, to discuss these cases and issues and what they mean for American democracy going forward. Jeffrey Rosen moderates.  Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Today on We the People, we’re sharing a conversation from a private event hosted by the National Constitution Center this week in Coral Gables, Florida, recorded with permission from the speakers. In it, President and CEO Jeffrey Rosen moderates a conversation with five experts about two of the biggest issues before the Supreme Court this term: abortion and guns. Those five experts are: Melissa Murray of NYU Law, Akhil Amar of Yale Law School, Clark Neily of the Cato Institute, Kimberly Atkins Stohr of The Boston Globe, and David French of The Dispatch. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

On May 2, Politico published a leaked draft of Justice Samuel Alito’s majority opinion in the pending case Dobbs v. Women’s Health Organization. The draft opinion in Dobbs overrules the precedents Roe v. Wade andPlanned Parenthood v. Casey, which hold that women have the constitutional right to seek pre-viability abortions. In this episode, professors Mary Ziegler of UC Davis Law School and O. Carter Snead of Notre Dame Law School join once again to unpack the constitutional reasoning in Justice Alito’s draft, and the implications for the future of abortion rights in America and the future of Court as an institution in the aftermath of the leaked opinion. Jeffrey Rosen moderates.  Last year, we had two episodes about this case, before and after oral arguments, so be sure to listen to those if you haven’t – available here: Part 1 and Part 2. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

On today’s very special episode, we share the exciting events that happened at the National Constitution Center earlier this week. To celebrate the unveiling of the First Amendment tablet—once featured on the facade of the Newseum in Washington, D.C., now at its new home in the Grand Hall Overlook of the National Constitution Center in Philadelphia—free speech defenders Randall Kennedy of Harvard Law School, former ACLU President Nadine Strossen of New York Law School, and Greg Lukianoff of the Foundation for Individual Rights in Education join for a discussion of why the First Amendment matters today. A dedication ceremony with remarks from the Honorable J. Michael Luttig, former judge on the U.S. Court of Appeals for the Fourth Circuit; Jan Neuharth, chair and CEO of the Freedom Forum; and Jeffrey Rosen, president and CEO of the National Constitution Center, follows. This program was presented in celebration of the newly installed First Amendment tablet at the National Constitution Center donated by the Freedom Forum, which works to foster First Amendment freedoms for all. The design and installation of the tablet was made possible by the Honorable J. Michael Luttig and Elizabeth A. Luttig.   Watch the program video here: https://constitutioncenter.org/interactive-constitution/town-hall-video/why-the-first-amendment-matters-today Read Jeff's remarks here: https://constitutioncenter.org/blog/remarks-from-the-first-amendment-tablet-ceremony Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

On April 18, a federal judge in Florida struck down the Centers for Disease Control and Prevention’s mask requirement on airplanes, trains, buses, and other public transportation. In a 59-page opinion, Judge Mizelle stated that the CDC had exceeded its legal authority under relevant federal law, including the 1944 Public Health Services Act, and failed to follow administrative procedure rules. The decision further vacated the mask mandate on a nationwide basis. The U.S. Department of Justice plans to appeal the decision.  Michael Dorf of Cornell Law School and Adam White of the American Enterprise Institute join us for a discussion about the legal arguments on both sides of the decision, and a broader debate about nationwide injunctions—when a single district court judge blocks a law or government regulation on a national scale. Jeffrey Rosen moderates.  Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Next week, the Supreme Court will hear oral argument in Kennedy v. Bremerton School District. The case is about Joseph Kennedy, a Christian high school football coach in Washington state who regularly prayed before games. Eventually a majority of the players joined in as well, and one player’s parent complained that he felt pressured to pray as well. Kennedy lost his job after refusing to comply with school district’s orders to stop.  Nicole Garnett of Notre Dame Law School and Rachel Laser of Americans United for Separation of Church and State join host Jeffrey Rosen to discuss the case; the questions raised around the limits of free speech, free exercise of religion, and the separation of church and state in schools; and how the Court might rule based on its prior jurisprudence—from the Lemon v. Kurtzmann test to the Abington v. Schempp case—and some justices’ questioning of it. Listen to "Football, Faith, and the First Amendment" from January 31, 2019. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

At the end of March, Florida Governor Ron DeSantis signed into law House Bill 1557, also called the “Parental Rights in Education Bill.” Critics of the bill have referred to it as the “Don’t Say Gay” bill. Controversy has surrounded the bill since its inception. President Biden referred to it as “hateful,” but supporters say the bill is limited in scope and has been misinterpreted. Constitutional law experts Joshua Matz of Kaplan Hecker & Fink and Eugene Volokh of UCLA School of Law join host Jeffrey Rosen to discuss the debate over the bill and others like it. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

As Russia continues to wage war on Ukraine, more horrifying news of its impact on civilians has been exposed, including graphic images of purported war crimes and other atrocities being committed against Ukrainian citizens. Some international leaders have called for tougher sanctions against Russia, and others have expelled Russian diplomats from their countries. But what else can be done? Does international law play a role in ending the conflict and bringing Russia to justice? Can Russian President Vladimir Putin be tried for war crimes, or any other international crimes, such as the crime of aggression? And if so, how? International law experts Philippe Sands of University College London and Ryan Goodman of NYU Law join host Jeffrey Rosen to discuss the possibilities and limitations of international law in the Russia-Ukraine conflict, as well as the relevance of the origins of international criminal law, dating back to the Nuremberg trials in 1945 and U.S. Supreme Court Justice Robert Jackson’s role in its development. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

On May 30, former President Donald Trump was convicted of 34 felony counts of falsifying business records to conceal hush money payments made during the 2016 election, making him the first U.S. president to be convicted of a crime. In this episode, two leading historians of the presidency—Stephen Knott of the United States Naval War College, and bestselling and author and attorney David O. Stewart—join Jeffrey Rosen to explore presidential attacks on the judicial system and rule of law throughout American history. They also discuss what this history can teach us in the wake of the Trump criminal verdict.    Resources:   “The Trump Manhattan Criminal Verdict, Count By Count,” The New York Times (May 30, 2024)   The Indictment of Former President Trump, NCC’s We the People podcast (April 6, 2023)    History of Impeachment from Andrew Johnson to Today, NCC’s We the People podcast (February 1, 2018)  David O. Stewart, Impeached: The Trial of President Andrew Johnson and the Fight for Lincoln's Legacy (2009)   David O. Stewart, American Emperor: Aaron Burr’s Challenge to Jefferson’s America (2011)  Stephen Knott, The Lost Soul of the American Presidency: The Decline into Demagoguery and the Prospects for Renewal (2019)  Myers v. United States (1926)  United States v. Cruikshank (1875)        Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.    Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. You can find transcripts for each episode on the podcast pages in our Media Library.

Last week the Supreme Court handed down two nearly unanimous decisions in cases involving the First Amendment. One was an 8-1 decision written by Chief Justice John Roberts in Ramirez v. Collier, in which the Court sided with a death row inmate who claimed he had the right to have the religious leader of his choice touch him and pray audibly for him in the execution chamber. The other opinion was 9-0 in Houston Community College v. Wilson, where the Court held that a legislative censure issued by a community college board did not violate the free speech rights of the respondent, another trustee on the board, in an opinion written by Justice Neil Gorsuch. First Amendment experts Michael McConnell of Stanford Law School and Eugene Volokh of UCLA Law join host Jeffrey Rosen to discuss the opinions’ impact on how we interpret and understand religious freedom and freedom of speech in America. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

This week, the Senate Judiciary Committee held confirmation hearings for Supreme Court nominee Ketanji Brown Jackson, who is currently a judge on the D.C. Court of Appeals. Questions for Judge Jackson ranged from her judicial philosophy and methodology of constitutional interpretation; to her experience as a public defender and years as a trial court judge; to questions about various constitutional topics, from the First Amendment to the Fourth Amendment and other issues that may come before the Court for review. Lisa Tucker, associate professor of law at Drexel University, and Melissa Murray, Frederick I. and Grace Stokes Professor of Law at NYU Law, join host Jeffrey Rosen to recap what we learned about Judge Jackson through four days of questioning by the committee.   The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Earlier this month, the U.S. Supreme Court refused to block new congressional maps in North Carolina and Pennsylvania from going into effect. Both states’ maps had been redrawn by state courts, overriding maps that had been enacted by the states’ Republican legislatures. This means that the 2022 congressional elections in both states will proceed using the court-drawn maps. Despite the fact that the U.S. Supreme Court declined to intervene, four of the justices indicated they’re ready to address the doctrine at the heart of the cases: the independent state legislature theory. To unpack all that’s at stake—and explain what that theory is and what effect, if implemented, it could have on the power of state courts to review actions by state legislatures in regulating elections—Jeffrey Rosen moderates a conversation with two constitutional law experts: Vikram Amar, dean and Iwan Foundation Professor of Law at Illinois College of Law and co-author of Constitutional Law: Cases and Materials; and Evan Bernick, assistant professor at the Northern Illinois University College of Law and co-author of The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit.   The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Russia invaded Ukraine on February 24, 2022, and the two nations have been at war since. This week, two experts in constitutional law and international affairs join us to unpack the causes of this war, what potential implications for the core principles of liberal democracy and constitutionalism might be, and whether international law has any power to stop the fighting. Kim Lane Scheppele, the Laurance S. Rockefeller Professor of Sociology and International Affairs in the Princeton School of Public and International Affairs, and the University Center for Human Values at Princeton University, and Jeffrey Kahn, professor of law and Gerald J. Ford Research Fellow at Southern Methodist University, join Jeffrey Rosen, president and CEO of the National Constitution Center. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

On February 28, the Supreme Court heard oral argument in West Virginia v. Environmental Protection Agency, a case concerning the EPA’s authority to regulate greenhouse gas emissions. The outcome of the case has the potential to deal a significant blow to the federal government’s ability to enact climate regulations. Joining us to examine the arguments on either side is Jonathan Adler, inaugural Johan Verheij Memorial Professor of Law and founding director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law; and Lisa Heinzerling, the Justice William J. Brennan, Jr., Professor of Law at the Georgetown University Law Center. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.  The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

In honor of President’s Day, this episode of We the People covers memorable writings and speeches from former presidents that help make up some of the foundational texts and ideas of our nation. In particular, we’ll take a close look at the words of George Washington, John Adams, Thomas Jefferson, and James Madison as they reveal the former presidents’ thoughts the challenges of creating a nation; on the role public opinion plays in governance; on happiness and its pursuit and how that factors into the role government should play in our everyday lives; and more. Nancy Isenberg, Professor of history at Louisiana State University and co-author of Madison and Jefferson and The Problem of Democracy: The Presidents Adams Confront the Cult of Personality; and Colleen Sheehan, professor of politics at Arizona State and author of The Mind of James Madison: The Legacy of Classical Republicanism and James Madison and the Spirit of Republican Self-Government, join host Jeffrey Rosen for an illuminating discussion. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Last week, the Supreme Court issued an order in a case—Merrill v. Milligan—about voting district maps in Alabama. After the 2020 census, Alabama drew new maps for seven districts, which would determine the seats in the House of Representatives. Of those seven, one district has a majority Black population. A lower court ordered Alabama to redraw the maps so that two districts have majority Black populations, finding that the current plan violated Section 2 of the Voting Rights Act. The Supreme Court, in a 5-4 vote, temporarily put that ruling on hold, with Chief Justice Roberts siding with the three liberal justices. So—what does it all mean for voting rights in Alabama, and for the Voting Rights Act itself? In this episode we dig into the issues surrounding Section 2 of the Voting Rights Act and how its interpretation could affect voting across the country. Joining host Jeffrey Rosen are Rick Hasen, Chancellor’s Professor of Law and Political Science at the University of California, Irvine, and co-director of the Fair Elections and Free Speech Center; and Matthew Clark, executive director of the Alabama Center for Law & Liberty.   The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

The National Constitution Center is launching a multi-year initiative exploring the history and meaning of the First Amendment, anchored by the magnificent 50-ton First Amendment tablet newly installed at the Center overlooking Independence Mall. The giant tablet was previously engraved, fabricated and erected in 2007 at the Newseum in Washington, D.C. After the Newseum closed in 2019, the Freedom Forum donated the tablet to the Center. In conjunction with the initiative, Jeffrey Rosen is joined by First Amendment experts Robert Post and Keith Whittington to discuss the origins of the First Amendment, its importance in American society, and several of the most important Supreme Court cases centering around free speech. Robert Post is a Sterling Professor of Law at Yale Law School and author of Citizens Divided: A Constitutional Theory of Campaign Finance Reform. Keith Whittington is the William Nelson Cromwell Professor of Politics at Princeton University and the author of Speak Freely: Why Universities Must Defend Free Speech.   The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Last week, Justice Stephen G. Breyer announced his decision to retire after 28 years on the U.S. Supreme Court. To reflect on his legacy, both personal and professional, today’s episode is a two-part conversation with guests who have unique insights into Justice Breyer’s life and work. Joining host Jeffrey Rosen for the first part of the conversation are two former law clerks to Justice Breyer. Neal Katyal, who clerked for Justice Breyer from 1996 – 1997, is a partner at Hogan Lovells and the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law Center, and Theodore Ruger, who clerked for Justice Breyer from 1997 – 1998, is the Dean of the University of Pennsylvania Carey Law School and Bernard G. Segal Professor of Law. For the second part of the conversation, Nell Breyer, executive director of the Marshall Scholars Association and Foundation and Justice Breyer’s daughter, joins us to share some family memories and life lessons learned from her dad.   The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Earlier this month, President Biden voiced support for getting rid of the filibuster, looking to ease the path of voting rights legislation in Congress. But Senators Joe Manchin and Krysten Sinema opposed the change. The legislation has been stalled, and debate over the filibuster runs high once again.  Joining host Jeffrey Rosen to discuss the history, constitutionality, and calls for reform of the filibuster are two of the nation’s leading experts on congressional power and practices. Josh Chafetz is a professor of law at the Georgetown University Law Center, and Jay Cost is the Gerald R. Ford nonresident senior fellow at the American Enterprise Institute. His newest book is James Madison: America's First Politician. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support.   Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

On May 23, the Supreme Court issued its opinion upholding a South Carolina congressional map against a challenge from the NAACP. In Alexander v South Carolina State Conference of the NAACP, the Court found that the South Carolina legislature had conducted a partisan gerrymander, permissible under the Court’s precedents, and not an unconstitutional racial gerrymander. In this episode, two leading election and voting rights scholars, Joshua Douglas of the University of Kentucky College of Law, and Derek Muller of the University of Notre Dame Law School, join Jeffrey Rosento discuss the Alexander v. NAACP majority opinion, as well as the concurrence and dissent, and review what this decision means for the future of racial gerrymandering cases.   Resources: Alexander v. South Carolina State Conference of the NAACP (2024) Joshua Douglas, The Court v. The Voters: The Troubling Story of How the Supreme Court Has Undermined Voting Rights (2024) Joshua Douglas, “Today’s Supreme Court is Anti-Voter,” Washington Monthly (May 28, 2024) Derek Muller, “The Long Shadow of the Elections Clause,” Election Law Blog (May 29, 2024)  Derek Muller, “Faith in Elections,” 36 Notre Dame J.L. Ethics & Pub. Pol’y 641 (2022)   Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. You can find transcripts for each episode on the podcast pages in our Media Library.

The nation celebrated Martin Luther King Jr. Day this week, honoring what would have been his 93rd birthday. In this special episode of We the People, we examine King’s thinking about the relationship between the Declaration of Independence and the Constitution, as well as his views on agape and universal love, and more, through a close reading and analysis of some of his most significant speeches and writings. Joining host Jeffrey Rosen are two of the nation’s leading experts on civil rights and American history. William Allen is emeritus dean and professor of political philosophy at Michigan State University and Hasan Kwame Jeffries is associate professor of history at The Ohio State University, where he teaches courses on the civil rights and Black Power movements.  Speeches and writings discussed include: “An Experiment in Love,” A Testament of Hope: The Essential Writings and Speeches, by Martin Luther King Jr. (1958) King’s essay discussing the concept of agape and how it undergirds nonviolent resistance. “Pilgrimage to Nonviolence,” by Martin Luther King Jr. (1958) King’s essay explaining the intellectual and philosophical influences that led him to embrace agape and nonviolent resistance. “Letter from Birmingham Jail,” by Martin Luther King Jr. (April 16, 1963) King's seminal open letter — written from a jail in Birmingham, Alabama — on civil disobedience, justice, and the ethics of violating unjust laws. “I Have A Dream,” by Martin Luther King Jr. (August 28, 1963) King's iconic speech on the steps of the Lincoln Memorial about civil rights, freedom, and equality “Our God is Marching On,” by Martin Luther King Jr. (March 25, 1965) King’s speech at the conclusion of the marches from Selma to Montgomery “Beyond Vietnam,” by Martin Luther King Jr. (1967) King’s speech at New York’s Riverside Church condemning the Vietnam War “Where Do We Go From Here?” by Martin Luther King Jr. (1967) King’s speech on the future of the civil rights movement, given at the Southern Christian Leadership Conference in Atlanta, Georgia. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

The Electoral Count Act of 1887 dictates the congressional procedure for certifying electoral college results in a presidential election. The Act was passed in response to the presidential election of 1876—where Democrat Samuel Tilden won the popular vote, but lost the presidency to Republican Rutherford B. Hayes because of contested results in three states—in an effort to avoid future contested elections But a large bipartisan group of election law scholars and politicians across the political spectrum have argued that the law creates more confusion and needs to be reformed. Today on We the People, we’re doing a deep dive into the Electoral Count Act and proposals for fixing it—which have gained traction after the events of January 6, 2021, when members of Congress challenged the electoral slates of several states and some, along with President Trump, asked Vice President Pence not to certify these votes, which would have switched the presidential election results from Joe Biden to Trump.   Joining host Jeffrey Rosen are two election law experts who co-authored an op-ed in The Washington Post titled “How Congress can fix the Electoral Count Act. Ned Foley holds the Ebersold Chair in Constitutional Law at The Ohio State University, and he also directs its election law program. Brad Smith is the Josiah H. Blackmore II/Shirley M. Nault Professor of Law at Capital University Law School. And from 2000-2005, he served on the Federal Election Commission.   The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support.   Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

On January 7 the Supreme Court will hear oral argument in a set of cases challenging the Biden administration’s Covid vaccine mandates. Under one mandate, employers with more than 100 employees must require those employees to be vaccinated, or be tested for Covid on a weekly basis. Under the other mandate, any health care facility that participates in Medicare or Medicaid must ensure that all their workers are fully vaccinated. Joining host Jeffrey Rosen are two attorneys who filed amicus briefs in these cases. John Masslon, senior litigation counsel at Washington Legal Foundation, filed an amicus brief arguing against the legality of the mandates, and Deepak Gupta, founding principal of Gupta Wessler and instructor at Harvard’s Supreme Court Litigation Clinic, filed an amicus brief in support of the legality of the mandates on behalf of the American Public Health Association. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support.   Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.