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PODCAST

We the People

National Constitution Center

A weekly show of constitutional debate hosted by National Constitution Center President and CEO Jeffrey Rosen where listeners can hear the best arguments on all sides of the constitutional issues at the center of American life.

news & politics regional

All Episodes

53:57

Supreme Court 2020 Term Preview

We the People ·

2020/10/01

The new U.S. Supreme Court term is set to begin Monday, October 5, the first day of remote oral arguments. To preview what’s ahead, Adam Liptak, Supreme Court reporter for the New York Times, and Marcia Coyle, Supreme Court correspondent for the Center’s blog Constitution Daily and Chief Washington correspondent for The National Law Journal, joined host Jeffrey Rosen. They explored how the election and the forthcoming confirmation battle over Judge Amy Coney Barrett’s nomination might affect the

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48:36

The 19th-Century History of Court Packing

We the People ·

2020/09/25

Following the passing of Justice Ruth Bader Ginsburg, Republicans have promised to nominate a new Supreme Court Justice swiftly, before the imminent presidential election. If the Republican-led Senate confirms a new nominee either before or closely after the November election, some Democrats have said they will respond by attempting to “pack”—or add justices—to the Supreme Court. This week’s episode looks to history, particularly to the 19th century and the Civil War era, to see what lessons from

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42:38

Justice Ruth Bader Ginsburg: A Constitutional Icon

We the People ·

2020/09/17

On Constitution Day, September 17, the National Constitution Center awards the 2020 Liberty Medal to Justice Ruth Bader Ginsburg for her efforts to advance liberty and equality for all. As part of the Liberty Medal celebration—and the Center’s yearlong Women and the Constitution initiative celebrating 100 years of women’s suffrage—this podcast explores the Justice’s living constitutional legacy both before and after joining the Supreme Court bench, including her trailblazing work as a lawyer

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43:44

Founding Stories of America’s Founding Documents

We the People ·

2020/09/10

Constitution Day— the anniversary of the signing of the Constitution on September 17th, 1787—is next week! As we look forward to Constitution Day, this week’s episode shares founding stories of America’s founding documents from three key periods: the Declaration of Independence and the Revolution, the Founding era, and post-Civil War Reconstruction, sometimes referred to as the “second founding.” Renowned teachers of the Constitution, Dean Erwin Chemerinsky and professor Kurt Lash, tell the stories

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48:53

Parties, Platforms, Conventions, and the Constitution

We the People ·

2020/09/03

In August, the Democratic and Republican parties held their conventions mostly virtually for the first time in history due to the coronavirus crisis. This week on We the People we look back to past conventions throughout history. Host Jeffrey Rosen and scholars John Gerring and Michael Holt explore the constitutional positions the parties have taken from the Founding to the Civil War era and beyond, diving into nineteen century party platforms to consider the evolution of the parties’ constitutional

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56:01

19th Amendment: Origins, History, and Legacy

We the People ·

2020/08/28

In celebration of the 100th anniversary of the ratification of the 19th Amendment on August 18th and its certification on the 26th—this episode dives into the story of the 19th Amendment from its roots among abolition and the Civil War and Reconstruction through its ratification, the fight for the Equal Rights Amendment, and beyond. 19th Amendment experts and historians Reva Siegel and Laura Free explain when and why the word “male” was first introduced into the Constitution, how the right to vote

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50:49

The Constitutional Bounds of Executive Action

We the People ·

2020/08/20

President Trump recently signed several executive actions and, in doing so, some have argued the president overstepped his constitutional authority and infringed on congressional power. This week’s episode considers those claims in regards to the president's recent actions on coronavirus crisis relief, the post office, and more. It also examines how presidential power has grown over time, how we think about the three branches and the “political” Constitution versus the legal one, and

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29:01

Live at the NCC: The 19th Amendment: The Untold Story

We the People ·

2020/08/13

Last week, historians Martha Jones and Lisa Tetrault joined National Constitution Center President and CEO Jeffrey Rosen for a conversation exploring the history and legacy of the 19th Amendment. The discussion highlighted the untold stories of women from all backgrounds who fought for women's suffrage and equality for all—as well as the work still left to do after the Amendment's ratification was won. Martha Jones is author of the new book Vanguard: How Black Women Broke Barriers, Won the Vote, and

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54:11

American Elections During Crisis

We the People ·

2020/08/06

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 election 2020? Kim Wehle, CBS News commentator and professor at the University of Baltimore Law School, and historian Jonathan White of Christopher Newport University explore key elections such as the Election of 1864 carried out in the throes of the

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52:00

Portland, Protests and Presidential Power

We the People ·

2020/07/30

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 did not ask for the federal deployment. On Wednesday, Oregon Governor Kate Brown announced that federal officials will soon begin withdrawing from the city, although they remained as of Thursday morning. On today’s episode, we’ll discuss the rapidly

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58:49

The Future of Church and State at SCOTUS

We the People ·

2020/07/23

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 more. This week’s episode examines those cases including: Espinoza v. Montana Dept. of Revenue holding that Montana can’t deny tuition assistance to parents who send their children to religious-affiliated private schools Our Lady of Guadalupe v

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63:26

State Attorneys General Keith Ellison and Dave Yost

We the People ·

2020/07/16

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 constitutional challenges facing their states today. This conversation was a hosted as an online America’s Town Hall program. Hear more programs on our companion podcast Live at the National Constitution Center

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67:21

Has the Roberts Court Arrived?

We the People ·

2020/07/10

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 the Cato Institute join host Jeffrey Rosen to recap those opinions and more. They also weigh in on Chief Justice Roberts’ efforts to put the institutional legitimacy of the Court front and center in this historic term. Questions or comments about

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67:59

“What to the Slave is the Fourth of July?”

We the People ·

2020/07/02

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 that would become known by the name “What to the Slave is the Fourth of July?” This episode explores Douglass’ oration on racial injustice and the broken promises of equality and liberty laid out in the Declaration of Independence. David Blight,

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57:57

The Supreme Court’s DACA Decision

We the People ·

2020/06/26

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 Court’s majority opinion, written by Chief Justice Roberts, and the partial dissents by Justices Thomas, Alito and Kavanaugh, and how the case arose including the history of DACA under the Obama and Trump administrations. Constitutional law scholars

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54:11

LGBTQ Employees’ Rights at the Supreme Court

We the People ·

2020/06/18

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 of 1964. This episode explores this landmark decision with Joshua Matz, a constitutional lawyer who wrote a key amicus brief in support of the employees in these cases, and Dr. Matthew Franck of Princeton University. They dive into the “weeds” of

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58:20

Live at the NCC: Policing, Protests, and the...

We the People ·

2020/06/11

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 and the First Amendment, and more. Part two of the discussion features Monica Bell of Yale Law School, David French of The Dispatch, Janai Nelson of the NAACP Legal Defense and Educational Fund, and Theodore Shaw of the University of North Carolina

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29:30

Live at the NCC: Policing, Protests, and the...

We the People ·

2020/06/11

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 Constitution Center President Jeffrey Rosen’s keynote conversation with Judge Theodore McKee of the U.S. Court of Appeals for the Third Circuit. Their wide-ranging discussion covered qualified immunity for police officers, the history of racial

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66:38

What is Section 230?

We the People ·

2020/06/05

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, the President signed an executive order aimed at limiting the legal protections given to online platforms under Section 230 of the Communications Decency Act. This episode explores Section 230—what does it say and how has it influenced

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54:45

Voting, Coronavirus, and the Constitution

We the People ·

2020/05/29

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 challenges like those that Pennsylvania currently faces) while some that have not are facing lawsuits. The U.S. Supreme Court also recently issued a ruling about voting in Wisconsin in April, RNC. v. DNC, which involved questions about counting

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