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>
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1
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
2
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
3
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
4
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
5
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
6
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
7
“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
8
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
9
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
10
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
11
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
12
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
13
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
14
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
15
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
16
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
17
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
18
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
19
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
20
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
21
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
22
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
23
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
24
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
25
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
26
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
27
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
28
2019: A Constitutional Year in Review
David French and Kate Shaw recap the biggest constitutional debates of 2019 with host Jeffrey Rosen.
63 min
29
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
30
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
31
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
32
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
33
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
34
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
35
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
36
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
37
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
38
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
39
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
40
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
41
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
42
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
43
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
44
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
45
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
46
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
47
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
48
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
49
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
50
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
51
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
52
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
53
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
54
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
55
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
56
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
57
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
58
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
59
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
60
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
61
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
62
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
63
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
64
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
65
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
66
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
67
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
68
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
69
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
70
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
71
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
72
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
73
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
74
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
75
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
76
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
77
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
78
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
79
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
80
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
81
2018: A Constitutional Year in Review
Emily Bazelon and Josh Blackman review the biggest constitutional debates of 2018.
63 min
82
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
83
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
84
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
85
The Bladensburg Peace Cross Case
Lawyers on both sides of the Bladensburg Peace Cross case join Jeffrey Rosen.
56 min
86
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
87
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
88
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
89
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
90
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
91
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
92
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
93
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
94
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
95
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
96
Kavanaugh Confirmation Hearings Recap
How he might shape the Court if confirmed
52 min
97
The History of Supreme Court Confirmation Hearings
We explore the constitutional basis and history of the Supreme Court confirmation process.
57 min
98
What Constitutes an Impeachable Offense?
A look at an enduring debate with two leading experts
49 min
99
Robert Smalls: Escaping Slavery and Fighting In...
A slave who sailed his way to freedom
55 min
100
Harriet Scott: The Woman Behind Dred Scott v. S...
Exploring the case's personal consequences
54 min