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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

54:04

Constitutional Questions After the Raid on Mar-a-Lago

We the People ·

2022/08/18

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

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73:15

A Constitutional Conversation at Crystal Bridges

We the People ·

2022/08/11

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

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61:22

The Case for Reforming the Electoral Count Act – Part 2

We the People ·

2022/08/05

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

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58:56

Abortion Law in the U.S. and Abroad After Roe

We the People ·

2022/07/28

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

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54:35

What is the “Independent State Legislature Doctrine”?...

We the People ·

2022/07/21

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

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56:10

Restoring the Guardrails of Democracy

We the People ·

2022/07/14

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

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62:56

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

We the People ·

2022/07/08

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

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52:27

Vouchers, Prayers, and Religion in American Schools

We the People ·

2022/06/30

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

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58:25

The Dobbs v. Jackson Case – Part 4

We the People ·

2022/06/27

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

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56:17

What the Supreme Court’s Opinion in NYSRPA v. Bruen...

We the People ·

2022/06/25

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

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61:34

The History of LGBTQ Rights in America

We the People ·

2022/06/24

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

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38:41

How to Prevent Another January 6

We the People ·

2022/06/16

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,

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59:03

Free Speech Throughout World History

We the People ·

2022/06/09

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

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57:01

Social Media and Public Health: A Conversation...

We the People ·

2022/06/03

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,

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54:10

Three Election Law Cases and What They Mean for...

We the People ·

2022/05/26

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

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37:58

Five Expert Takes on Two Big Issues This Term

We the People ·

2022/05/19

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

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55:07

The Dobbs v. Jackson Case – Part 3

We the People ·

2022/05/12

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

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86:22

Why the First Amendment Matters Today

We the People ·

2022/05/05

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

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56:46

Masks, Planes, and the CDC Mandate

We the People ·

2022/04/29

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

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54:57

Football, Faith, and the First Amendment – Part 2

We the People ·

2022/04/21

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

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