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
101
When Should Judges Issue Nationwide Injunctions?
What are nationwide injunctions, and are they constitutional? Two experts on nationwide injunctions, Amanda Frost of American University’s Washington College of Law and Howard Wasserman of Florida International University Law School, join host Jeffrey Rosen to dive into those questions.
49 min
102
The Next Big Second Amendment Case?
A challenge to a New York City gun regulation could be the Supreme Court’s first major Second Amendment ruling in almost a decade. Adam Winkler of UCLA Law and Ilya Shapiro of the CATO Institute discuss the case with host Jeffrey Rosen.
46 min
103
The Lincoln-Douglas Debates
Battles over the future of slavery in the nation and the territories, the nature and extent of individual rights and the meaning of equality, and whether and how the union could survive characterized the Lincoln-Douglas debates; historians Sidney Blumenthal and Lucas Morel explore the debates with host Jeffrey Rosen.
61 min
104
Live at America's Town Hall: George F. Will
Pulitzer Prize-winning journalist George F. Will discusses his political and constitutional philosophy with Jeffrey Rosen.
63 min
105
The Federalists vs. the Anti-Federalists
What were the biggest constitutional debates between the Federalists and the Anti-Federalists? Scholars Jack Rakove and Mike Rappaport join host Jeffrey Rosen to explore those debates.
56 min
106
When does Twitter-blocking violate the First Am...
President Trump violated the First Amendment by blocking people on Twitter based on their viewpoints, according to a recent decision by the Second Circuit. Debating this decision, First Amendment experts David French and Katie Fallow join host Jeffrey Rosen.
48 min
107
The Constitutional Legacy of Seneca Falls
Exploring the legacy of the nation’s first women’s rights convention and the ensuing movements that shaped the Constitution, gender law experts Erika Bachiochi of the Ethics & Public Policy Center and Tracy A. Thomas of the University of Akron School of Law join host Jeffrey Rosen.
63 min
108
Remembering Justice John Paul Stevens
Two of Justice Stevens' former law clerks, Daniel Farber of Berkeley Law and Kate Shaw of Cardozo Law, share some favorite memories from their clerkships and remember some of the late justice's landmark majority opinions and dissents, in conversation with host Jeffrey Rosen.
46 min
109
What Happened After the Burr/Hamilton Duel?
On the anniversary of the duel in which Vice President Aaron Burr killed Alexander Hamilton, this episode explores Burr’s ensuing treason trial and its lasting implications today. Host Jeffrey Rosen is joined by Burr historians Nancy Isenberg and Kevin Walsh.
53 min
110
Supreme Court 2018-19 Term Recap
We review the Supreme Court 2018-19 term and explore Chief Justice Roberts’ newfound role as the swing justice with guests Ilya Shapiro of Cato and Leah Litman of the University of Michigan Law School. Jeffrey Rosen hosts.
56 min
111
Live at America's Town Hall: The Human Side of ...
Moderators Michael Lewis and Jeff Rosen sit down with current and former judges for candid conversations on how they have managed the challenges their role often requires them to face and how they have approached their work.
76 min
112
The Declaration of Independence and its Influen...
Exploring the influence of the Declaration of Independence on political and constitutional movements throughout American history – Danielle Allen of Harvard University and Ken Kersch of Boston College join host Jeffrey Rosen.
55 min
113
Should Big Tech be Broken Up?
Antitrust law experts Barry Lynn of Open Markets Institute and Mark Jamison of American Enterprise Institute discuss the new investigations into leading big tech companies and what the consequences might be for the future of antitrust.
66 min
114
The Constitutional Stakes of the 2020 Election
Exploring the possible consequences of the 2020 election for the Supreme Court and the Constitution—Professors Bruce Ackerman of Yale Law School and Randy Barnett of Georgetown Law join host Jeffrey Rosen.
49 min
115
A Fetal Right to Life?: Abortion and the Consti...
Exploring the recent Supreme Court decision in Box v. Planned Parenthood and the “fetal personhood” debate—National Review’s David French and law professor and historian Mary Ziegler join host Jeffrey Rosen.
59 min
116
Will Roe be Overturned?: Abortion and the Const...
Two leading lawyers on either side of the abortion debate—Kathryn Kolbert and Clarke Forsythe— dive into the history of the Supreme Court’s key abortion cases, including Roe and Casey, and analyze whether currently pending and future abortion cases might lead the Court to revisit or overturn Roe.
48 min
117
Are we in a Constitutional Crisis?
Adam Liptak of the New York Times and Keith Whittington of Princeton University join host Jeffrey Rosen to examine the recent conflicts between the executive and legislative branches, and answer the question: what is a constitutional crisis, and are we in one now?
61 min
118
Henry Louis Gates, Jr., Live at America’s Town ...
Henry Louis Gates, Jr. tells the story of Reconstruction and Redemption in conversation with NCC President and host Jeffrey Rosen.
45 min
119
Is Asking About Citizenship on the Census Uncon...
Would adding a citizenship question to the census—which a recent lawsuit argues could dissuade people from responding to it— violate the Constitution’s enumeration clause, which requires that an “actual enumeration”, or a counting, of all Americans be performed every ten years? Does it matter how and why the question is added? Debating these questions are the Brennan Center’s Tom Wolf and Chapman University School of Law Professor John Eastman. Jeffrey Rosen hosts.
52 min
120
A Constitutional Recap of the Mueller Report
This episode sheds constitutional light on the Mueller report, focusing on obstruction. Host Jeffrey Rosen is joined by Mary McCord, senior litigator at Georgetown Law’s Institute for Constitutional Advocacy and Protection, and Josh Blackman, associate professor of law at the South Texas College of Law in Houston.
53 min
121
The Julian Assange Indictment and the First Ame...
Where does the First Amendment draw the line between constitutionally protected journalism and unlawful cyber-crime? Josh Geltzer of Georgetown University Law Center and Ben Wizner of the ACLU join host Jeffrey Rosen to debate this question that has been reignited by the indictment of WikiLeaks Founder Julian Assange.
48 min
122
Kisor v. Wilkie: A Case to Watch
How did a Vietnam War veteran’s request for disability benefits turn into one of the key Supreme Court cases of this term, one with major implications for the future of the administrative state? Jonathan Adler of Case Western Law School and Ron Levin of Washington University in St. Louis School of Law explain. Jeffrey Rosen hosts.
53 min
123
The Future of the Affordable Care Act
Exploring the latest challenge to the constitutionality of the Affordable Care Act—experts Abbe Gluck of Yale and Tom Miller of AEI join host Jeffrey Rosen.
48 min
124
Will the Supreme Court End Partisan Gerrymander...
Nick Stephanopoulos, one of the attorneys in the North Carolina gerrymandering case before the Supreme Court this week and a law professor at University of Chicago, debates Hans von Spakovsky, manager of the Election Law Reform Initiative at the Heritage Foundation, on whether the Supreme Court should strike down partisan gerrymandering as violating the Constitution, and more. Jeffrey Rosen hosts.
50 min
125
When Can the President Claim Executive Privilege?
John Yoo of Berkeley Law and Steve Vladeck of University of Texas Law join host Jeffrey Rosen for a wide-ranging discussion on executive privilege, focusing on potential executive privilege claims by President Trump in various scenarios including the Mueller report, the House obstruction inquiry, and pending civil lawsuits against Trump.
50 min
126
The Death Penalty at the Supreme Court
Several key death penalty cases came before the Supreme Court this term; capital punishment experts Richard Broughton and John Bessler join host Jeffrey Rosen to analyze the cases and what they might mean for the future of the death penalty.
49 min
127
Should the Government Regulate Speech on Campus?
Would President Trump’s proposed executive order requiring colleges and universities to support free speech if they want federal research dollars be constitutional? And is it a good idea? Free speech on campus experts Sigal Ben-Porath and Adam Kissel join host Jeffrey Rosen to grapple with this question.
64 min
128
The Future of Abortion Laws at the Supreme Court
Two leading voices from organizations on different sides of today's biggest debates over abortion laws—Catherine Glenn Foster of Americans United for Life and Dr. Kelli Garcia of National Women's Law Center—explore the key cases making their way up to the Supreme Court with host Jeffrey Rosen.
58 min
129
Is the Presidency Too Powerful?
Have American presidents usurped greater power over time, or did Congress and the people surrender power? Listen for the answer to this and other fascinating questions about the power of the presidency as Julian Zelizer and Eric Posner join host Jeffrey Rosen.
57 min
130
The Tennessee Wine Case and the 21st Amendment
A lawsuit over residency requirements for retail liquor licenses in Tennessee has raised an array of legal and constitutional questions; two advocates involved in the case, Michael Bindas and John Neiman, join host Jeffrey Rosen to discuss them all.
57 min
131
Can the Equal Rights Amendment be Revived?
Exploring whether the Equal Rights Amendment can be revived, and the possible legal, political, and cultural effects it could bring about if ratified and added to the Constitution– Jeffrey Rosen is joined by Linda Coberly of the national ERA Coalition’s Legal Task Force and Inez Stepman of the Independent Women’s Forum.
72 min
132
Football, Faith, and the First Amendment
Was a high school coach unconstitutionally fired for praying on a football field? First Amendment experts Stephanie Barclay and Richard Katskee explore this question and many others with host Jeffrey Rosen.
59 min
133
MLK's Constitutional Legacy
Civil rights and constitution experts Ted Shaw and Michael Klarman join guest host Lana Ulrich for an exploration of Dr. Martin Luther King Jr.’s constitutional legacy.
53 min
134
Is the Second Amendment a “Second Class Right”?
Has the Second Amendment been adequately protected at the Supreme Court and in lower courts? Gun law experts Clark Neily and Adam Winkler join host Jeffrey Rosen to debate.
62 min
135
Can the President Declare a National Emergency ...
Breaking down all of the constitutional clauses, cases, and laws related to the president’s suggestion that he may declare a national emergency in order to build the wall, Jeffrey Rosen is joined by Professors Mark Tushnet and Sai Prakash.
55 min
136
Best of 2018: ‘Madison, the Media, and the Mob’...
Three distinguished (and unrelated) journalists—Jeff Goldberg, Jonah Goldberg, and Michelle Goldberg— join host Jeffrey Rosen to consider what James Madison might think of the media today.
55 min
137
Best of 2018: Doris Kearns Goodwin, Live at Ame...
Doris Kearns Goodwin sits down with Jeffrey Rosen to discuss the leadership qualities of four legendary presidents.
73 min
138
2018: A Constitutional Year in Review
Emily Bazelon and Josh Blackman review the biggest constitutional debates of 2018.
63 min
139
Cohen, Trump, and Campaign Finance Law
Campaign finance law experts Rick Hasen and Brad Smith join host Jeffrey Rosen to break down Michael Cohen's crimes and the campaign finance laws at issue.
36 min
140
Is the Act Protecting the Special Counsel Uncon...
Is the Special Counsel Independence and Integrity Act unconstitutional? Offering the arguments on both sides, Josh Geltzer and Eric Posner join Jeffrey Rosen.
54 min
141
LIVE AT AMERICA’S TOWN HALL: Senator Chris Coon...
Senator Chris Coons (D-DE) sits down with Jeffrey Rosen to discuss the future of the Senate and why senators don’t debate anymore.
34 min
142
The Bladensburg Peace Cross Case
Lawyers on both sides of the Bladensburg Peace Cross case join Jeffrey Rosen.
56 min
143
Free Speech and Press Cases in the Courts
David French of National Review and Katie Fallow of the Knight First Amendment Institute join Jeffrey Rosen to discuss First Amendment cases in the courts today.
58 min
144
The Attorney General, the President, and Congre...
Breaking down the constitutional, legal, and political repercussions of Jeff Sessions’ departure, Jeffrey Rosen is joined by Steve Vladeck and Greg Weiner.
54 min
145
Does the Constitution Require Birthright Citize...
Akhil Amar and Edward Erler debate the President’s proposal to revoke birthright citizenship, diving into the history of the Fourteenth Amendment’s Citizenship Clause with host Jeffrey Rosen.
64 min
146
Voting Rights, Election Law, and the Midterms
A partnership with Ballotpedia, this episode surveys the election law and voting rights issues most relevant to this year’s midterms.
48 min
147
Key Congressional Elections in History
What can the elections that realigned and redefined our nation teach us about the upcoming midterms? Jeffrey Rosen explores this question with Matthew Green and Thomas Mann.
56 min
148
Is There a Supreme Court Legitimacy Crisis?
Exploring the debates over the Court's legitimacy and its future, Jeffrey Rosen is joined by Professors Jennifer Mascott and Melissa Murray.
57 min
149
Libel, the Media, and Constitutional Legitimacy
Adam Liptak and Richard Epstein join Jeffrey Rosen to explain what libel is and how laws against it fit within First Amendment protections.
46 min
150
Senators Flake and Coons: The Future of the Sen...
Senators Jeff Flake and Chris Coons join Jeffrey Rosen to discuss the Kavanaugh confirmation hearings and the future of the Senate and the Supreme Court.
43 min
151
Supreme Court Term Preview
Exploring the cases coming before the Court in the October 2018 term, Jeffrey Rosen is joined by Brianne Gorod and Ilya Shapiro.
53 min
152
Should Chevron Be Overturned?
This debate over the resolution “Should Chevron be overturned?” was recorded live in New York City at the Federal Bar Association’s 2018 annual convention.
51 min
153
Kavanaugh Confirmation Hearings Recap
How he might shape the Court if confirmed
52 min
154
The History of Supreme Court Confirmation Hearings
We explore the constitutional basis and history of the Supreme Court confirmation process.
57 min
155
What Constitutes an Impeachable Offense?
A look at an enduring debate with two leading experts
49 min
156
Robert Smalls: Escaping Slavery and Fighting In...
A slave who sailed his way to freedom
55 min
157
Harriet Scott: The Woman Behind Dred Scott v. S...
Exploring the case's personal consequences
54 min
158
Callie House: Reparations Advocate and Trailbla...
The extraordinary leadership of a reparations advocate
42 min
159
John Bingham: Father of the 14th Amendment
Looking at a little-known visionary of equal rights
52 min
160
The life and legacy of Frederick Douglass
About one of America’s most influential abolitionists
63 min
161
What is Treason?
Experts discuss the Constitution's Treason clause
69 min
162
The New Supreme Court
Experts debate Supreme Court
64 min
163
Happy 150th Birthday, 14th Amendment
Scholars discuss its history and meaning
65 min
164
The Legacy of Justice Anthony Kennedy
His former clerks join our podcast
63 min
165
The Supreme Court now: Decisions, deciders and ...
Discussing a momentous term
51 min
166
The Golden State Killer and Genetic Privacy
Case could have wide implications
54 min
167
Jeffrey Rosen Answers Questions about Self-Pard...
Popular questions posed by our listeners
49 min
168
The Supreme Court’s current term
Reviewing big decisions expected this month
51 min
169
Ken Burns: Telling Constitutional Stories
Flmmaker discusses Civil War, Reconstruction and the 14th Amendment
43 min
170
George Will on Madisonian Government
A conversation on federalism and the 17th Amendment
53 min
171
The Iran nuclear deal under Trump
Constitutional issues involved in that process
49 min
172
Social Media and Digital Disinformation
A discussion on social media and democracy
84 min
173
Eric Holder on the 14th Amendment today
Remarks on the amendment's 100th anniversary
61 min
174
The Supreme Court considers the travel ban case
The constitutional issues involved
44 min
175
Facebook and the Future of Democracy
The impact of social media on free speech
58 min
176
Justice Breyer on the First Amendment
A discussion about free speech cases
49 min
177
President Trump and the Federal Judiciary
A review of recent judicial appointments
54 min
178
Hamilton: The Constitutional clashes that shape...
Exploring the constitutional and political arguments
73 min
179
William Howard Taft and the Constitution
Experts debate timely topic
86 min
180
Trump, Tariffs, and Trade
Experts debate timely topic
48 min
181
Workplace discrimination based on sexual orient...
Is it a Title VII violation?
43 min
182
The United States v. Microsoft
Consumer privacy, security concerns debated
54 min
183
Mandatory union fees and the First Amendment
Supreme Court considers potential landmark case
51 min
184
A conversation with Justice Ruth Bader Ginsburg
A wide-ranging conversation on the 25th anniversary of her appointment
76 min
185
Jeffrey Rosen answers your constitutional quest...
The Ninth Amendment, church and state, and more!
48 min
186
History of Impeachment: From Andrew Johnson to ...
Understanding the Constitution's Impeachment Clause
51 min
187
The Constitution in Year One of the Trump admin...
A review of the legal cases
42 min
188
Federalism under President Trump
Federal, state conflicts on gambling, marijuana
47 min
189
Undocumented teens and abortion
Can the federal government can deny access?
48 min
190
Gerrymandering and American democracy
Its impact on polarization and competitive elections
47 min
191
The existential threat of big tech
Privacy, autonomy, and individuality in a modern world
69 min
192
Sexual Harassment Law Under the Constitution
Constitutional dimensions to sexual harassment law
56 min
193
The Constitution and the Mueller investigation
Legal experts looks at obstruction, presidentia powers issues
42 min
194
Net neutrality at a legal crossroads
A potential repeal of Obama-era net neutrality rules
57 min
195
The Masterpiece Cakeshop case
The First Amendment evaluated by the Supreme Court
37 min
196
The future of digital privacy
The Supreme Court considers cellphone location data
69 min
197
Tax reform and the Constitution
What constitutional issues are under debate at Congress?
51 min
198
Is the fight against ISIS legal?
Army captain claims President lacks authority
44 min
199
Deconstructing the administrative state
The Trump administration’s efforts to roll back government
52 min
200
The Emoluments Clause in court
Group sues Trump over gifts
39 min