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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

56:49

The Constitutionality of Florida’s Education Bill

We the People ·

2022/04/14

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

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54:43

Putin's War and International Law

We the People ·

2022/04/08

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

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59:30

Death Row, Religious Freedom, Legislative Censure,...

We the People ·

2022/04/01

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

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57:23

The Confirmation Hearings of Judge Ketanji Brown Jackson

We the People ·

2022/03/25

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

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65:16

What is the “Independent State Legislature Doctrine”?

We the People ·

2022/03/17

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

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54:58

Russia, Ukraine, Constitutionalism, and the Rule of Law

We the People ·

2022/03/11

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

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63:47

The EPA, Federal Power, and the Future of Climate...

We the People ·

2022/03/04

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

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52:36

Early Presidents on Happiness, Government, and Public...

We the People ·

2022/02/25

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

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51:58

Redistricting in Alabama and the Voting Rights Act

We the People ·

2022/02/18

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,

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59:34

How Free Speech Under the First Amendment Developed

We the People ·

2022/02/11

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

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68:06

Justice Breyer’s Constitutional Legacy

We the People ·

2022/02/04

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

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64:20

Congress, the Filibuster, and the Constitution

We the People ·

2022/01/28

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

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64:19

MLK, the Declaration, and the Constitution

We the People ·

2022/01/20

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

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55:51

The Case for Reforming the Electoral Count Act

We the People ·

2022/01/14

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

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55:46

Will the Supreme Court Strike Down Biden’s Vaccine...

We the People ·

2022/01/07

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

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54:02

Live at the NCC: Poetry and the Constitution

We the People ·

2021/12/30

How have poets and poetry—from John Milton to Mercy Otis Warren and Phillis Wheatley—influenced the Constitution and America’s core democratic principles? Join Vincent Carretta, editor of the Penguin Classics editions of the Complete Writings of Phillis Wheatley and professor emeritus of English at the University of Maryland, Eileen M. Hunt, full professor of political science at the University of Notre Dame, and Eric Slauter, associate professor and director of the Karla Scherer Center for the

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65:49

2021: A Constitutional Year in Review

We the People ·

2021/12/23

In this episode, we look back on the events of 2021 from a constitutional perspective—from a violent mob storming the Capitol in January, to the inauguration of President Biden, and the convergence of a new Supreme Court with the addition of Justice Amy Coney Barrett; from key Supreme Court cases about religious liberty, voting rights, abortion, and guns, and finally, continuing questions about the scope of individual rights and government power amidst the continuing coronavirus pandemic. As 2021

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53:55

Should the Supreme Court Be Reformed?

We the People ·

2021/12/16

Last spring, President Biden issued an executive order to form the Presidential Commission on the Supreme Court of the United States, a bipartisan commission charged with examining proposals for Supreme Court reform. The commission, made up of more than 30 of the nation’s leading legal scholars and experts on the judiciary, submitted a 294-page report to the president last week. Some of the proposals examined in the report include court expansion, term limits, and jurisdiction stripping, as well as

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59:21

Student Aid, Religious Education, and the First...

We the People ·

2021/12/09

This week, the Supreme Court heard oral argument in Carson v. Makin, which centers around the free exercise clause, and public funding for religious education. The issue is whether a state—in this case, Maine, violates the First Amendment by prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious, or “sectarian,” instruction. In Maine, not all school districts have their own public secondary

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48:52

The Dobbs v. Jackson Case — Part 2

We the People ·

2021/12/02

This week, the Supreme Court heard oral arguments in Dobbs v. Jackson Women’s Health Organization: a case challenging Mississippi’s law that bans abortion after 15 weeks. The issue in the case is whether all pre-viability prohibitions on elective abortions are unconstitutional—and the outcome could challenge the future of Supreme Court precedent on abortion from Roe v. Wade to Planned Parenthood v. Casey. In our last episode, we were joined by two experts to preview the issues in Dobbs. (Be sure to

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