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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

53:45

Understanding the Four Executive-Branch-Subpoena Cases

We the People ·

2020/01/02

The case that may determine if former White House Counsel Don McGahn must testify before Congress – about whether President Trump obstructed justice during the Mueller investigation – is being argued on appeal tomorrow, January 3rd. And, three other cases concerning requests for President Trump’s financial records – issued by Congress and, separately, by a New York State grand jury – will be heard by the Supreme Court in early 2020. All of these cases involve subpoenas – written orders compelling an

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63:49

2019: A Constitutional Year in Review

We the People ·

2019/12/26

2019 saw the impeachment of a president for just the third time in American history, the release of the Mueller report, and court battles over DACA, reproductive rights, and the Affordable Care Act. David French, TIME columnist and senior editor at The Dispatch, and Kate Shaw, Cardozo Law professor and ABC Legal Analyst, join host Jeffrey Rosen to review this year in constitutional debate. They give their takes on the possible long-term constitutional implications of the ongoing impeachment, Special

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70:48

RBG on Life, Love, Liberty, and Law

We the People ·

2019/12/19

U.S. Supreme Court Justice Ruth Bader Ginsburg joins National Constitution Center President and CEO Jeffrey Rosen to discuss his new book, Conversations with RBG: Justice Ruth Bader Ginsburg on Life, Love, Liberty and Law—an informal portrait of the Justice through an extraordinary series of conversations, starting in the 1990s and continuing to today. They expand upon several of the conversations featured in the book, such as Justice Ginsburg’s favorite dissents, key gender cases she worked on

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83:46

Should President Trump Be Impeached?

We the People ·

2019/12/12

As the House Judiciary Committee unveils articles of impeachment against President Trump, we’re sharing a fascinating two-part conversation on impeachment hosted here at the National Constitution Center on December 2nd. The first panel features leading constitutional scholars including NCC Scholar-in-Residence Professor Michael Gerhardt who testified as an impeachment expert before the House Judiciary Committee. The next panel (starting at 37 minutes) features current and former members of congress,

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57:46

Is There a Constitutional Right to Transport a Gun?

We the People ·

2019/12/05

On Monday, the Supreme Court heard the case New York Rifle and Pistol Association v. the City of New York which centers around a New York City gun regulation prohibiting residents from taking their guns to second homes and shooting ranges outside the city. After New York’s NRA affiliate and some gun-owning residents challenged the regulation, New York changed it – raising the question of whether this case is now “moot.” Explaining the “mootness” issue and diving into the legal and practical

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61:16

What Would Madison Think of the Presidency Today?

We the People ·

2019/11/28

The National Constitution Center’s initiative, ‘A Madisonian Constitution for All,’ is launching an essay series where leading scholars explore what James Madison, the “father of the Constitution”, might think about the presidency, Congress, courts, and the media today. This week, two of the authors celebrate the launch of the series by diving into all things presidential – how the office was conceived of at the Founding, evolved throughout history, was impacted by the rise of political parties and

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64:20

Dueling Platform Policies and Free Speech Online

We the People ·

2019/11/21

Twitter recently announced that it will stop paid political advertising, with Twitter CEO Jack Dorsey asserting that interest in political messaging should be earned, not bought. Meanwhile, Facebook’s CEO Mark Zuckerberg announced that Facebook would not stop hosting political ads, saying that the platform should not be responsible for policing speech online. Will Twitter’s efforts to regulate political ads work? Might Facebook’s more “hands-off” approach lead to unintended consequences for our

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49:27

Can the Trump Administration End DACA?

We the People ·

2019/11/14

Two years ago, the Trump administration decided to end Deferred Action for Childhood Arrivals (DACA) — a policy enacted under President Obama that deferred the deportation of undocumented people brought to the United States as children. Earlier this week, the Supreme Court heard challenges to that decision and was faced with the questions: can the Court even review the decision to end DACA, since it was an action taken by the Department of Homeland Security, an executive branch agency? If it can,

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68:31

Conversations with RBG

We the People ·

2019/11/07

This week, we’re celebrating the launch of host Jeffrey Rosen’s newest book, Conversations with RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law—an informal portrait of the justice through an extraordinary series of conversations, starting in the 1990s and continuing to today. Jeff has collected Justice Ginsburg’s wisdom from their many conversations on the future of the Supreme Court and Roe v. Wade, which Supreme Court decisions she would like to see overturned, the #MeToo movement, and

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59:42

Is Brexit a British Constitutional Crisis?

We the People ·

2019/10/31

Brexit, the UK’s campaign to leave the European Union, has sparked ongoing political and constitutional controversy. However, the UK doesn’t have a written constitution — it is governed by a set of laws, norms, conventions, judicial decisions, and treaties — and Brexit has led some to think that needs to change. This episode dives into that debate over the UK’s unwritten constitution as well as other key Brexit-related issues including Prime Minister Boris Johnson’s attempts to “prorogue” Parliament

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65:44

What Does the Constitution Say About Impeachment?

We the People ·

2019/10/24

How should impeachment be carried out, according to the Constitution? This episode explores the constitutional process of impeachment, from investigation and passage of articles of impeachment by the House of Representatives, to the Senate trial, and the aftermath. Rep. Elizabeth Holtzman, who served on the House Judiciary Committee during the Nixon impeachment, and Gene Healy, author of Indispensable Remedy: The Broad Scope of the Constitution’s Impeachment Power detail the constitutional framework

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54:52

Can Employees Be Fired for Being LGTBQ?

We the People ·

2019/10/17

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination “because of… sex.” Last week, a trio of cases that raise the question of whether Title VII also prohibits discrimination because of sexual orientation and/or gender identity were argued before the Supreme Court. Two of these cases – Bostock v. Clayton County Georgia and Zarda v. Altitude Express, Inc. – are lawsuits brought by employees who claim they were fired for being gay, and are suing their employers. The third case

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55:29

Two Federal Judges on How They Interpret the...

We the People ·

2019/10/10

Last week, the National Constitution Center travelled to Washington, DC to host Clerks at 100 – a celebration of the 100th anniversary of the federal statute instituting Supreme Court clerkships that brought together hundreds of former clerks. Supreme Court clerks assist the justices with researching and drafting opinions and other work critical to the function of the Court. The day before the reunion, the NCC hosted a symposium in partnership with the George Washington Law Review at GW Law School

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59:20

We the People Live: Supreme Court 2019 Term Preview

We the People ·

2019/10/03

This week, We the People partnered with SCOTUSblog's podcast SCOTUStalk for a live preview of the Supreme Court's 2019 term – recording our show in front of a live National Constitution Center audience for the first time! Host Jeffrey Rosen was joined by SCOTUSblog's Amy Howe and John Elwood to preview the blockbuster cases of the upcoming term, on topics including LGBTQ rights under Title VII, immigration policies like DACA, the Second Amendment, school choice and the free exercise of religion, and

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97:13

The Battle for the Constitution: Live at The Atlantic...

We the People ·

2019/09/26

This week, the National Constitution Center in partnership with The Atlantic launched a new web project: “The Battle for the Constitution”— a year-long exploration of the major issues and controversies surrounding the Constitution today from all sides of the debate. At the Atlantic Ideas Festival yesterday, the NCC and the Atlantic celebrated the project launch with a series of panels featuring scholars, journalists and legislators. They discussed the breaking news of the House’s impeachment inquiry

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62:29

Justice Neil Gorsuch, Live at America’s Town Hall

We the People ·

2019/09/19

Justice Neil Gorsuch visited the National Constitution Center to celebrate Constitution Day and discuss his new book A Republic, If You Can Keep It. Justice Gorsuch, the Honorary Chair of the National Constitution Center’s Board of Trustees, sat down with President Jeffrey Rosen to discuss his passion for civics and civility, the importance of separation of powers, what originalism means to him, and why he is optimistic about the future of America. This episode is a crossover with our companion

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60:47

Madison vs. Mason

We the People ·

2019/09/12

James Madison and George Mason, both Virginian Founding Fathers, diverged on some of the biggest debates of the Constitutional Convention—including the proper distribution of power between national and local government, the future of the slave trade, and whether or not the Constitution should have a Bill of Rights. Exploring these debates and their impact on the Constitution – scholars Colleen Sheehan and Jeff Broadwater join host Jeffrey Rosen. They dive into the core of the constitutional visions

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49:06

When Should Judges Issue Nationwide Injunctions?

We the People ·

2019/09/05

What are “nationwide injunctions”? When and why are they issued by federal courts? Have they been invoked more frequently in recent years, and, if so, how is that affecting how laws or executive orders are implemented nationwide? And is the term “nationwide injunctions” itself actually a misnomer? Two experts on these broad kinds of injunctions, Amanda Frost of American University’s Washington College of Law and Howard Wasserman of Florida International University, answer those questions. They also

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46:04

The Next Big Second Amendment Case?

We the People ·

2019/08/29

The upcoming Supreme Court case New York Rifle and Pistol Association v. the City of New York could be the first major Second Amendment case in almost a decade. It centers around a New York City regulation prohibiting residents from taking their guns to second homes and shooting ranges outside the city, even when the guns are unloaded and separated from ammunition. New York’s NRA affiliate and some gun-owning residents challenged the regulation, but, in the midst of litigation, New York City changed

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61:56

The Lincoln-Douglas Debates

We the People ·

2019/08/22

The Lincoln-Douglas debates — the historic series of seven debates which pitted Abraham Lincoln against Stephen Douglas as they vied for an Illinois Senate seat — began on August 21, 1858. In honor of that anniversary, this episode explores the clash of constitutional visions that characterized the debates between Lincoln and Douglas. Each man argued that he was the heir to the Founders’ legacy as enshrined by the Constitution, as they battled over slavery, popular sovereignty, the nature of rights,

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