We the People
<p>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.</p>
News
History
News Commentary
1
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
2
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
3
Should College Athletes Be Paid?
We explore NCAA v. Alston, an antitrust challenge to the NCAA’s rules on compensation for athletes.
52 min
4
Labor Rights and Property Rights at SCOTUS
Experts recap a recent high-profile Supreme Court argument.
51 min
5
Women Constitutional Visionaries
This week, we highlight women who shaped the Constitution throughout American history.
49 min
6
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
7
When Can Police Enter Suspects' Homes?
We explore the Supreme Court case Lange v. California, with Jeffrey Fisher and Donald Dripps.
54 min
8
Arizona Election Rules at SCOTUS
Lawyers on each side preview a key Supreme Court case about voting rights.
55 min
9
African American Constitutional Visionaries
We highlight how courageous African American heroes shaped the Constitution.
52 min
10
Impeachment, Incitement, and the First Amendment
Should President Trump be convicted of or impeached for committing incitement? Experts debate.
49 min
11
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
12
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
13
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
14
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
15
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
16
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
17
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
18
Can the President Pardon Himself?
Pardon power experts answer this question and more in conversation with host Jeffrey Rosen.
60 min
19
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
20
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
21
The Constitution Drafting Project
Progressive, libertarian, and conservative scholars discuss their ideal constitutions with host Jeffrey Rosen
71 min
22
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
23
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
24
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
25
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
26
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
27
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
28
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
29
Supreme Court 2020 Term Preview
Adam Liptak and Marcia Coyle preview the upcoming Supreme Court term with host Jeffrey Rosen.
53 min
30
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
31
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
32
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
33
Parties, Platforms, Conventions, and the Consti...
Scholars explore the evolution of political parties and their constitutional positions with host Jeffrey Rosen.
48 min
34
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
35
The Constitutional Bounds of Executive Action
Experts discuss the expansion of presidential power with host Jeffrey Rosen.
50 min
36
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
37
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
38
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
39
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
40
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
41
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
42
“What to the Slave is the Fourth of July?”
David Blight and Lucas Morel reflect on Frederick Douglass’ iconic speech.
67 min
43
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
44
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
45
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
46
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
47
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
48
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
49
“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
50
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
51
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
52
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
53
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
54
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
55
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
56
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
57
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
58
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
59
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
60
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
61
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
62
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
63
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
64
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
65
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
66
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
67
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
68
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
69
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
70
2019: A Constitutional Year in Review
David French and Kate Shaw recap the biggest constitutional debates of 2019 with host Jeffrey Rosen.
63 min
71
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
72
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
73
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
74
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
75
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
76
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
77
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
78
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
79
What Does the Constitution Say About Impeachment?
Detailing the process for impeachment set out by the Constitution – host Jeffrey Rosen is joined by former Rep. Elizabeth Holtzman, who served on the House Judiciary Committee during the Nixon impeachment, and Gene Healy of the Cato Institute.
65 min
80
Can Employees Be Fired for Being LGTBQ?
Employment discrimination against LGBTQ people is at the center of three cases that were argued at the Supreme Court last week; Karen Loewy, Senior Counsel for Lambda Legal, and Professor David Upham of the University of Dallas explain the arguments on both sides of these cases in conversation with host Jeffrey Rosen.
54 min
81
Two Federal Judges on How They Interpret the Co...
Chief Judge Diane Wood of the U.S. Court of Appeals for the 7th Circuit and Judge Jeffrey Sutton of the 6th Circuit debate how the Constitution should be interpreted and discuss their experiences as Supreme Court clerks, and more, in conversation with host Jeffrey Rosen.
55 min
82
We the People Live: Supreme Court 2019 Term Pre...
This week, We the People partnered with SCOTUSblog's podcast SCOTUStalk for a Supreme Court preview, recorded live at the National Constitution Center. Host Jeffrey Rosen was joined by SCOTUSblog's Amy Howe and John Elwood.
59 min
83
The Battle for the Constitution: Live at The At...
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 on September 25, the NCC and the Atlantic celebrated the launch with a series of panels featuring scholars, journalists and legislators.
97 min
84
Justice Neil Gorsuch, Live at America’s Town Hall
Justice Gorsuch discusses civics and civility, the importance of separation of powers, what originalism means to him, and why he is optimistic about the future of America with NCC President Jeffrey Rosen.
62 min
85
Madison vs. Mason
Profiling two Virginian Founding Fathers and parsing the differences between their constitutional visions – scholars Colleen Sheehan and Jeff Broadwater join host Jeffrey Rosen.
60 min
86
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
87
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
88
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
89
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
90
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
91
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
92
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
93
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
94
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
95
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
96
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
97
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
98
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
99
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
100
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