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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.

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All Episodes

57:46

“Faithless Electors” Supreme Court Argument Recap

We the People ·

2020/05/22

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 Colorado Dept. of State v. Baca and Chiafalo v. Washington, about "faithless electors" and the electoral college. Those cases ask whether states can penalize or remove a presidential elector because they refused to vote for the candidate who won their

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49:39

Supreme Court Remote Argument Recaps Part 2

We the People ·

2020/05/14

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 Guadalupe School v. Morrissey-Berru—which raises the question of whether two former teachers who taught at Catholic schools fall under the "ministerial exception,” and thus are unable to sue their employers for alleged employment discrimination. Host

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49:20

The Supreme Court’s First Remote Argument – A Recap

We the People ·

2020/05/07

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 Booking.com can trademark its name. Immediately following the argument, host Jeffrey Rosen was joined by three experts who filed briefs on different sides of the case—Corynne McSherry of Electronic Frontier Foundation, professor Rebecca Tushnet of

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51:40

Will Coronavirus Change Criminal Justice?

We the People ·

2020/04/30

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 populations down. On this episode, criminal justice experts Emily Bazelon and Paul Cassell weigh in on those and other changes affecting criminal justice systems around the country, and potential long-term impacts. They also explain defendants’ rights under

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52:16

Who Has the Power to "Reopen" the Country?

We the People ·

2020/04/23

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 state power under the 10th Amendment—professors John Yoo and Alison LaCroix join host Jeffrey Rosen. They give their takes on the president’s claims and conduct in the midst of coronavirus and evaluate what he can and can’t do in light of the system of

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60:37

The Supreme Court Goes Remote

We the People ·

2020/04/17

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 The National Law Journal, to discuss that change and other adjustments the Court has made due to the coronavirus pandemic. Coyle is also the new Supreme Court correspondent for the National Constitution Center’s blog Constitution Daily. Next, Jeff

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61:20

Is COVID-19 Hurting Global Democracy?

We the People ·

2020/04/10

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 law — Professor Kim Lane Scheppele of Princeton University and Professor Deborah Pearlstein of Cardozo Law School — join host Jeffrey Rosen to explore the governmental challenges raised by COVID-19 in the United States and around the

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49:46

Civil Liberties and COVID-19

We the People ·

2020/04/03

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 typically exercised in person. As states enforce the stay-at-home orders necessary to prevent the spread of coronavirus, how will those rights be impacted? And what will happen to them after the crisis is over? This episode explores those questions as First

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44:15

Governing During Social Distancing

We the People ·

2020/03/26

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 Jeffrey Rosen explores that question with Norm Ornstein of the American Enterprise Institute, who’s worked since the aftermath of 9/11 on emergency-preparedness recommendations for all three branches of government, and lawyer and podcast host Ken

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54:50

The Constitution and the Coronavirus

We the People ·

2020/03/19

Jeffrey Rosen is joined by public health law experts Polly Price of Emory University School of Law and Ed Richards of Louisiana State University Law Center to discuss key questions about the coronavirus and the Constitution. Starting with the history of quarantines prior to and during the Founding era, they explain how the government combatted diseases when, as Ed puts it, “The colonies were basically fever-ridden swamps.” Drawing examples from public health responses to outbreaks of yellow fever

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37:50

Louisiana Abortion Law at the Supreme Court

We the People ·

2020/03/12

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 providers in June Medical Services v. Russo, and Catherine Glenn Foster of Americans United for Life, who authored an amicus brief on behalf of Members of Congress on the opposing side of the case, joined host Jeffrey Rosen on this week’s episode

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44:48

The Future of the CFPB

We the People ·

2020/03/07

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 Protection Bureau case. This case, which the Supreme Court heard oral arguments in on Tuesday, is a challenge to the constitutionality of the leadership structure of the CFPB, and its outcome could affect the future of the agency as a whole. The CFPB is a

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54:54

The Executive and the Rule of Law

We the People ·

2020/02/27

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 sentencing in individual cases? What level of control should he have over DOJ? And, more broadly, how should the president exercise power? Host Jeffrey Rosen dives into those questions with Professor John Yoo, former Deputy Assistant Attorney General

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53:40

George Washington’s Constitutional Legacy

We the People ·

2020/02/21

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 the Revolution, “without Washington there was no army” and, how, later, President Washington was considered by many to be “the embodiment of the nation.” Smith and Chervinsky offer a holistic portrayal of Washington — the good and the bad — and

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54:20

Civic Virtue, and Why It Matters

We the People ·

2020/02/14

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 American government, and whether or not the American people and our representatives are living up to them. The episode centers around the idea of civic virtue: a political philosophy term which describes personal qualities associated with the

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68:35

An Impeachment Trial Recap

We the People ·

2020/02/07

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 convicting the president, and his colleague Professor Peter Smith – a former Justice Department lawyer – presents pro-conviction arguments. They discuss the facts and circumstances surrounding President Trump’s impeachment, how “mixed motive” situations

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46:50

Will the Equal Rights Amendment be Adopted?

We the People ·

2020/01/30

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 fast-developing constitutional question of whether an amendment that declares that “equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex” will be adopted, despite its unusual ratification

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57:14

School Choice and Separation of Church and State

We the People ·

2020/01/23

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 violated the federal constitution when it terminated a program that gave tax breaks to people who donated to a scholarship fund, which was used by students attending both religious and secular private schools. Our guests explain the technicalities of

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35:14

The Chief, the Senate, and the Trial

We the People ·

2020/01/16

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 before his impeachment, and Joan Biskupic, CNN Supreme Court analyst and biographer of Chief Justice Roberts, join host Jeffrey Rosen to preview the trial. They discuss how disagreements over trial procedure, including whether or not to call

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56:20

Was the Qasem Soleimani Strike Constitutional?

We the People ·

2020/01/10

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 the Constitution – as Commander-in-Chief of the armed forces – and under domestic and international law to unilaterally carry out the airstrike? Can it be justified as an act of self-defense, a response to an “imminent threat”, or anything less

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