We the People

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
History
News Commentary
1
James Madison, Ratification, and the Federalist...
Scholars shed light on the Federalist papers, which argued that the Constitution should be approved, and the Framers who wrote them.
59 min
2
The Texas Abortion Law and the Future of Roe
We unpack a new Texas law that effectively bans most abortions in the state.
59 min
3
Can Governors Ban School Mask Mandates?
Exploring the legal and constitutional issues surrounding who has the power to enact or ban mask mandates.
60 min
4
The Story of the 26th Amendment
The history and importance of the amendment that lowered the voting age to 18.
68 min
5
The Revolutionary Life of Mercy Otis Warren
We profile a trailblazing female writer who inspired the framers and helped to shape the Constitution.
60 min
6
The “Eviction Moratorium” and the Constitution
Experts debate the legality and constitutionality of the pause on eviction proceedings.
45 min
7
Are Vaccine Mandates Constitutional?
Can the federal government, states, or universities require people to get the coronavirus vaccine? Experts debate.
40 min
8
Will President Biden Transform Antitrust?
Former FTC chair William Kovacic and antitrust scholar Barry Lynn evaluate a new executive order that aims to promote competition.
68 min
9
Should the Supreme Court Reconsider NYT v. Sull...
Experts debate calls to revisit the landmark libel case from 1964, New York Times v. Sullivan.
59 min
10
Benjamin Franklin and the Constitution
Biographers detail his fascinating life and key role in creating the Constitution.
70 min
11
Brnovich v. DNC, The Supreme Court, and Voting ...
Experts discuss the recent major Supreme Court ruling about Arizona’s voting laws.
64 min
12
A Constitutional Commemoration of Independence Day
Akhil Amar and Steve Calabresi join Jeffrey Rosen to discuss the Declaration of Independence and the ideals Americans should celebrate on the Fourth of July.
64 min
13
The Latest Big Decisions from the Supreme Court
Supreme Court correspondents Jess Bravin and Marcia Coyle join host Jeffrey Rosen to recap recent key decisions from the 2020-21 term.
66 min
14
Juneteenth and the Constitution
Why do we celebrate Juneteenth? Martha Jones and Lucas Morel explain and shed light on the history of emancipation and equality in America.
57 min
15
The Home Stretch of the 2020–21 Supreme Court Term
Kate Shaw and Jonathan Adler recap the Supreme Court’s decisions from this term so far.
66 min
16
Live at the NCC: Justice Breyer
Justice Stephen G. Breyer joins National Constitution Center President and CEO Jeffrey Rosen for conversation on precedent, pragmatism, and the Court today..
62 min
17
Will Roe v. Wade Be Overturned?
Experts debate the constitutional arguments on both sides of the landmark decision in light of the Court’s decision to review a new abortion case.
40 min
18
Constitutional Issues in Voting Rights Today
Two election law experts explore various voting laws proposed in the wake of the 2020 election.
74 min
19
The Second Amendment and Concealed Carry
Looking ahead to a Supreme Court case on New York’s concealed carry gun law, experts on both sides join Jeffrey Rosen.
58 min
20
Trump and the Facebook Oversight Board
President Trump's ban from Facebook was upheld; experts on the Facebook Oversight Board explain why.
52 min
21
Snapchat and the Schoolhouse Gate
Can schools punish students for online speech? Experts discuss a pending Supreme Court case with Jeffrey Rosen.
42 min
22
Are Nonprofit Donor Disclosure Laws Constitutio...
Cindy Lott of Columbia Law School and Brian Hauss of the ACLU join to discuss a key Supreme Court case about donor disclosure laws and the First Amendment.
51 min
23
President Trump, Justice Thomas, and the Future...
Exploring Biden v. Knight Institute, Katie Fallow of the Knight Institute and Professor Eugene Volokh of UCLA join Jeffrey Rosen.
71 min
24
The Gun, the Ship, and the Pen
Linda Colley discusses her new book on constitutions and warfare along with David Armitage, author of The Declaration of Independence: A Global History.
57 min
25
Should College Athletes Be Paid?
We explore NCAA v. Alston, an antitrust challenge to the NCAA’s rules on compensation for athletes.
52 min
26
Labor Rights and Property Rights at SCOTUS
Experts recap a recent high-profile Supreme Court argument.
51 min
27
Women Constitutional Visionaries
This week, we highlight women who shaped the Constitution throughout American history.
49 min
28
One Year of COVID-19 and the Constitution
Recapping one year of constitutional debates surrounding the coronavirus—Joshua Matz and Adam White join host Jeffrey Rosen.
58 min
29
When Can Police Enter Suspects' Homes?
We explore the Supreme Court case Lange v. California, with Jeffrey Fisher and Donald Dripps.
54 min
30
Arizona Election Rules at SCOTUS
Lawyers on each side preview a key Supreme Court case about voting rights.
55 min
31
African American Constitutional Visionaries
We highlight how courageous African American heroes shaped the Constitution.
52 min
32
Impeachment, Incitement, and the First Amendment
Should President Trump be convicted of or impeached for committing incitement? Experts debate.
49 min
33
President Biden’s Executive Orders
Reflecting on President Biden’s executive actions thus far, and presidential power more broadly, Michael McConnell and Cristina Rodriguez join Jeffrey Rosen.
36 min
34
Mobs in America's Past and Present
After a mob stormed the U.S. Capitol on January 6, experts explore what mobs—both in person and online—have meant throughout American history.
56 min
35
Can a Former President Be Tried for Impeachment?
Experts Judge J. Michael Luttig and Keith Whittington discuss this question and whether the Supreme Court or Congress decides.
63 min
36
The Second Impeachment of President Trump
President Trump was impeached for the second time this week. Presidential power experts Cristina Rodriguez and Michael McConnell join host Jeffrey Rosen to discuss.
43 min
37
The Mob, the Capitol, and the Constitution
Reflecting on “a date which will live in constitutional history,” host Jeffrey Rosen is joined by Erwin Chemerinsky and Judge J. Michael Luttig.
51 min
38
Live at the NCC: The Founders and the Greeks an...
Cicero, Homer, Cincinnatus, and other ancient figures and philosophers greatly influence American from the beginning. Experts explain how.
57 min
39
2020: A Constitutional Year in Review
Reflecting on the COVID-19 pandemic and the other events of 2020 through a constitutional lens, scholars Melissa Murray and John Yoo join host Jeffrey Rosen.
57 min
40
Can the President Pardon Himself?
Pardon power experts answer this question and more in conversation with host Jeffrey Rosen.
60 min
41
Religion, the Constitution, and COVID-19 Restri...
The Supreme Court temporarily blocked New York’s COVID-19 restrictions on religious services. Scholars discuss that decision with Jeffrey Rosen.
66 min
42
The Census: Back at the Supreme Court
Can non-citizens be excluded from the census count that allocates seats in the House of Representatives? Experts discuss this question with Jeffrey Rosen.
43 min
43
The Constitution Drafting Project
Progressive, libertarian, and conservative scholars discuss their ideal constitutions with host Jeffrey Rosen
71 min
44
Live at the NCC: The Past Four Years
A panel of experts from across the ideological spectrum reflect on election 2020, the state of American democracy today, and what’s to come.
58 min
45
The Affordable Care Act Back at the Supreme Court
Explaining the latest legal challenge to the Affordable Care Act, legal experts Abbe Gluck and Ilya Shapiro joined host Jeffrey Rosen.
57 min
46
Religious Groups, Foster Care, and the First Am...
The Supreme Court heard highly-anticipated oral arguments this week. Leah Litman and Jonathan Adler recap with host Jeffrey Rosen.
46 min
47
United States v. Google
Why is the government suing Google? Experts explain the new antitrust lawsuit and how it relates to the Constitution with host Jeffrey Rosen.
59 min
48
Election 2020 in the Courts
How are lawsuits over various voting laws around the country being decided? Emily Bazelon and Brad Smith discuss with Jeffrey Rosen.
53 min
49
Barrett Confirmation Hearings Recap
Recapping the first days of confirmation hearings for Judge Amy Coney Barrett, Kate Shaw and Michael Moreland join host Jeffrey Rosen.
54 min
50
The Pandemic, the President and the 25th Amendment
Explaining the 25th Amendment and what happens if the president becomes unable to serve, experts join host Jeffrey Rosen.
51 min
51
Supreme Court 2020 Term Preview
Adam Liptak and Marcia Coyle preview the upcoming Supreme Court term with host Jeffrey Rosen.
53 min
52
The 19th-Century History of Court Packing
What can the history of “court packing” after the founding and in the 19th century teach us? Constitutional historians join host Jeffrey Rosen to discuss.
48 min
53
Justice Ruth Bader Ginsburg: A Constitutional Icon
Reflecting on Justice Ginsburg’s legacy as an advocate, Supreme Court Justice, and cultural and constitutional icon—two former clerks join host Jeffrey Rosen.
42 min
54
Founding Stories of America’s Founding Documents
Telling stories from three “founding” periods in American history, renowned constitutional scholars join host Jeffrey Rosen.
43 min
55
Parties, Platforms, Conventions, and the Consti...
Scholars explore the evolution of political parties and their constitutional positions with host Jeffrey Rosen.
48 min
56
19th Amendment: Origins, History, and Legacy
Telling the story of the 19th Amendment from the Civil War through its ratification to today, 19th Amendment experts Reva Siegel and Laura Free join host Jeffrey Rosen.
56 min
57
The Constitutional Bounds of Executive Action
Experts discuss the expansion of presidential power with host Jeffrey Rosen.
50 min
58
Live at the NCC: The 19th Amendment: The Untold...
In this episode that originally aired on our companion podcast Live at the National Constitution Center, historians share the untold story of the fight for women's suffrage.
29 min
59
American Elections During Crisis
What can past elections during major crises in American history teach us about elections during coronavirus? Experts discuss with host Jeffrey Rosen.
54 min
60
Portland, Protests and Presidential Power
Experts discuss the rights of protestors, the president’s power to deploy federal forces in the states, and more in light of recent events in Portland.
52 min
61
The Future of Church and State at SCOTUS
Supreme Court experts reflect on the key religious freedom cases from this past term, and look ahead to future cases.
58 min
62
State Attorneys General Keith Ellison and Dave ...
The Attorneys General of Minnesota and Ohio discuss the constitutional challenges facing their states today including policing reform.
63 min
63
Has the Roberts Court Arrived?
A 2019-2020 Supreme Court term recap focusing on the role of the Chief Justice with guests Kate Shaw and Ilya Shapiro.
67 min
64
“What to the Slave is the Fourth of July?”
David Blight and Lucas Morel reflect on Frederick Douglass’ iconic speech.
67 min
65
The Supreme Court’s DACA Decision
Breaking down the Supreme Court’s 5-4 decision allowing DACA to remain in place, Leah Litman and Jonathan Adler join host Jeffrey Rosen.
57 min
66
LGBTQ Employees’ Rights at the Supreme Court
Exploring the recent Supreme Court decision barring employment discrimination on the basis of LGBTQ status, SCOTUS experts Joshua Matz and Matthew Franck join host Jeffrey Rosen.
54 min
67
Live at the NCC: Policing, Protests, and the Co...
This crossover with Live at the National Constitution Center, our companion podcast, features Monica Bell, David French, Janai Nelson, and Theodore Shaw.
58 min
68
Live at the NCC: Policing, Protests, and the Co...
This crossover episode with Live at the National Constitution Center, our companion podcast, features Judge Theodore McKee.
29 min
69
What is Section 230? 
This episode explores the statute subject to a recent Executive Order by President Trump in response to fact-checking by Twitter, and more.
66 min
70
Voting, Coronavirus, and the Constitution
Explaining court cases and recent controversies surrounding elections during the pandemic, election law experts join host Jeffrey Rosen.
54 min
71
“Faithless Electors” Supreme Court Argument Recap
We recap the oral arguments before the Supreme Court with experts on both sides of the two cases about “faithless electors.”
57 min
72
Supreme Court Remote Argument Recaps Part 2
Experts on all sides of the Our Lady of Guadalupe cases recap the oral argument with host Jeffrey Rosen.
49 min
73
The Supreme Court’s First Remote Argument – A R...
Experts on all sides of the Booking.com case recap its oral argument with host Jeffrey Rosen.
49 min
74
Will Coronavirus Change Criminal Justice?
Emily Bazelon and Paul Cassell explain how the criminal justice system is addressing the rights of defendants and victims alike during the coronavirus crisis.
51 min
75
Who Has the Power to "Reopen" the Country?
Explaining the difference between federal and state power in addressing the pandemic response and recovery—professors John Yoo and Alison LaCroix join host Jeffrey Rosen.
52 min
76
The Supreme Court Goes Remote
Explaining recent decisions and how the Court is handling coronavirus—including by going remote—Marcia Coyle, Jaime Santos, and Jonathan Adler join host Jeffrey Rosen.
60 min
77
Is COVID-19 Hurting Global Democracy?
The response of some leaders to coronavirus may threaten global democracy. International law experts detail the consequences on this episode.
61 min
78
Civil Liberties and COVID-19
What happens to constitutional rights like free exercise of religion when Americans can’t gather in person? First Amendment experts discuss with host Jeffrey Rosen.
49 min
79
Governing During Social Distancing
How can Congress and the courts carry on their constitutional functions in the midst of the coronavirus pandemic? Norm Ornstein and Ken White discuss with host Jeffrey Rosen.
44 min
80
The Constitution and the Coronavirus
What powers does the government have to manage a public health crisis? What rights do citizens maintain? Public health law experts discuss with host Jeffrey Rosen.
54 min
81
Louisiana Abortion Law at the Supreme Court
Advocates on both sides of the latest abortion case at the Supreme Court join host Jeffrey Rosen to debate it.
37 min
82
The Future of the CFPB
Richard Cordray, former Director of the Consumer Financial Protection Bureau, and Cato’s Ilya Shapiro join host Jeffrey Rosen to discuss a case challenging the constitutionality of the leadership structure of the CFPB.
44 min
83
The Executive and the Rule of Law
John Yoo and Kim Wehle discuss the recent sentencing of Roger Stone and the larger rule of law questions surrounding it in conversation with host Jeffrey Rosen.
54 min
84
George Washington’s Constitutional Legacy
Historians Lindsay Chervinsky and Craig Bruce Smith reflect on Washington – the good and the bad – and his constitutional legacy.
53 min
85
Civic Virtue, and Why It Matters
Reflecting on the values and the concept of “civic virtue” that the founders hoped every American would embody, and how we can return to those values, Margaret Taylor of Lawfare and Adam White of AEI join host Jeffrey Rosen.
54 min
86
An Impeachment Trial Recap
Recapping the arguments made by both sides in the impeachment trial – GW Law Professors Andrew Knaggs, who formerly served in the Trump administration, and Peter J. Smith, a former Justice Department lawyer, join host Jeffrey Rosen.
68 min
87
Will the Equal Rights Amendment be Adopted?
Explaining the latest developments in efforts to adopt the Equal Rights Amendment into the Constitution – Julie Suk and Sai Prakash join host Jeffrey Rosen.
46 min
88
School Choice and Separation of Church and State
The Supreme Court heard Espinoza v. Montana Department of Revenue this week. Michael Bindas of Institute for Justice and Alice O'Brien of National Education Association join host Jeffrey Rosen to explain the case.
57 min
89
The Chief, the Senate, and the Trial
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, predict how the Chief will preside over the trial and how disputes over procedure may play out in conversation with host Jeffrey Rosen.
35 min
90
Was the Qasem Soleimani Strike Constitutional?
War powers experts John Bellinger and Oona Hathaway grapple with the legal and constitutional controversies surrounding the U.S. airstrike that killed Iranian military leader Gen. Qassem Soleimani last week –in conversation with host Jeffrey Rosen.
56 min
91
Understanding the Four Executive-Branch-Subpoen...
Four major cases currently in the courts center around subpoenas – as Congress and, separately, a state grand jury request financial documents from President Trump, and Congress seeks testimony from former White House Counsel Don McGahn. Explaining these important cases, which could have major implications for separation of powers, guests Steve Vladeck and Andy Grewal join host Jeffrey Rosen.
53 min
92
2019: A Constitutional Year in Review
David French and Kate Shaw recap the biggest constitutional debates of 2019 with host Jeffrey Rosen.
63 min
93
RBG on Life, Love, Liberty, and Law
Justice Ruth Bader Ginsburg sits down with Jeffrey Rosen to share invaluable life lessons, reflect on her career, and discuss Jeff’s new book Conversation with RBG: Ruth Bader Ginsburg on Life, Love, Liberty and Law.
70 min
94
Should President Trump Be Impeached?
Vice Chair of the House Judiciary Committee Rep. Mary Gay Scanlon and some of her congressional colleagues, as well as leading constitutional scholars, share their candid thoughts on impeachment live at the National Constitution Center.
83 min
95
Is There a Constitutional Right to Transport a ...
Do gun owners have a right to travel with their firearms outside of their city or any place else? Second Amendment experts Darrell Miller and Clark Neily join host Jeffrey Rosen to discuss that question at the center of a c ase just heard by the Supreme Court.
57 min
96
What Would Madison Think of the Presidency Today?
Tracing the history of the American presidency and exploring the biggest controversy surrounding it today – impeachment – scholars Sean Wilentz and Sai Prakash join host Jeffrey Rosen.
61 min
97
Dueling Platform Policies and Free Speech Online
Twitter has decided to ban paid political advertising, while Facebook has not– will either policy have unintended consequences for free speech principles online? Digital speech experts Ellen Goodman of Rutgers University Law School and Eugene Volokh of UCLA Law join host Jeffrey Rosen to discuss.
64 min
98
Can the Trump Administration End DACA?
The Trump administration’s decision to end Deferred Action for Childhood Arrivals (DACA) is being challenged at the Supreme Court, and argument was held earlier this week. Brianne Gorod and Josh Blackman join host Jeffrey Rosen to explore those challenges.
49 min
99
Conversations with RBG
Host Jeffrey Rosen unveils his new book Conversations with RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law in a live interview with Slate’s Dahlia Lithwick.
68 min
100
Is Brexit a British Constitutional Crisis?
Joining us from London, two experts on Brexit – Meg Russell of University College London and Kim Lane Scheppele of Princeton – explain its impact on the UK Constitution.
59 min