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We the People

Updated 2 months ago

Rank #40 in News Commentary category

News
History
News Commentary
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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.

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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.

iTunes Ratings

652 Ratings
Average Ratings
505
104
19
12
12

Constitutional

By vuwere - May 21 2020
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Never learned so much as to applying and application constitutional law 👍🏼

Depends on your interests

By HDA2929 - Apr 01 2020
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While based on constitutional issues, these podcasts can vary greatly. Various authors and scholars discuss topics that run the full range of topics from the totally topical to some pretty esoteric discussions. You either love it or not, but always thought provoking and educational

iTunes Ratings

652 Ratings
Average Ratings
505
104
19
12
12

Constitutional

By vuwere - May 21 2020
Read more
Never learned so much as to applying and application constitutional law 👍🏼

Depends on your interests

By HDA2929 - Apr 01 2020
Read more
While based on constitutional issues, these podcasts can vary greatly. Various authors and scholars discuss topics that run the full range of topics from the totally topical to some pretty esoteric discussions. You either love it or not, but always thought provoking and educational
Cover image of We the People

We the People

Latest release on Aug 06, 2020

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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.

Rank #1: Everything You Need to Know About The Constitution in Two Amendments

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Jeffrey Rosen, President and CEO of the National Constitution Center, leads an interactive discussion about the myriad issues, history, and opinions related to the First and Fourth Amendments.

Jul 16 2015

53mins

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Rank #2: Is the Second Amendment a “Second Class Right”?

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The Supreme Court has not decided a major Second Amendment case since McDonald v. Chicago in 2010, but the Court may break this silence soon if it decides to grant certiorari in Mance v. Whitaker – a challenge to a law prohibiting interstate handgun sales. In this episode, Cato's Clark Neily, a leading Second Amendment litigator, and Adam Winkler, UCLA Law professor and noted Second Amendment scholar, join host Jeffrey Rosen to discuss Mance and other pending cases and debate whether courts have treated the Second Amendment as a “second class right.” 

Questions or comments about the show? Email us at podcast@constitutioncenter.org

Jan 17 2019

1hr 5mins

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Rank #3: A 'deep dive' on the Supreme Court

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Jeffrey Rosen, president and CEO of the National Constitution Center, is joined by leading Supreme Court watchers to review the recent term and look ahead to the future.

The participants are Neal Katyal of Georgetown University and Hogan Lovells; Judge Nancy Gertner of Harvard University; Nina Totenberg of NPR; Geoffrey Stone of the University of Chicago; and Lawrence Lessig of Harvard University.

Get the latest constitutional news, and continue the conversation, on our Facebook page and Twitter feed.

We want to know what you think of the podcast! Email us at editor@constitutioncenter.org.

Please subscribe to We the People on iTunes. While you’re in the iTunes Store, leave us a rating and review; it helps other people discover what we do.

Please also subscribe to Live at America’s Town Hall, featuring conversations and debates presented at the Center, across from Independence Hall in beautiful Philadelphia.

We the People is a member of Slate’s Panoply network. Check out all of our sibling podcasts at iTunes.com/Panoply.

Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more.

This show was edited by David Stotz and produced by Nicandro Iannacci. Research was provided by Josh Waimberg, Lana Ulrich, and Tom Donnelly. The host of We the People is Jeffrey Rosen.

Jul 07 2016

1hr 3mins

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Rank #4: A constitutional history of the Republican Party

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David French of the National Review and Michael Gerhardt of the University of North Carolina explore the history of the GOP through a constitutional lens.

Get the latest constitutional news, and continue the conversation, on our Facebook page and Twitter feed.

We want to know what you think of the podcast! Email us at editor@constitutioncenter.org.

Please subscribe to We the People and Live at America’s Town Hall on iTunes or your favorite podcast app.

We the People is a member of Slate’s Panoply network. Check out all of our sibling podcasts at iTunes.com/Panoply.

Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more.

This show was engineered by Jason Gregory and produced by Nicandro Iannacci. Research was provided by Josh Waimberg and Tom Donnelly. The host of We the People is Jeffrey Rosen.

Jul 21 2016

49mins

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Rank #5: Analyzing the Obamacare Supreme Court decision

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The National Constitution Center’s Jeffrey Rosen is joined by Ilya Shapiro and Erwin Chemerinsky to break down Thursday’s decision that upheld critical Obamacare tax subsidies in about three dozen states.

Jun 25 2015

40mins

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Rank #6: Presidential powers and the Constitution

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Influential scholars Erwin Chemerinsky and Richard Epstein join our Jeffrey Rosen for a special Presidents Day podcast about the true constitutional meaning of executive power.

Feb 13 2015

26mins

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Rank #7: How our federal judicial system was born

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Jeffrey P. Minear, the Counselor to the Chief Justice of the United States, joins our Jeffrey Rosen to discuss the 225th anniversary of the Act that established our federal judicial system.

Sep 24 2014

37mins

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Rank #8: The history and meaning of the Establishment Clause

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In honor of the holiday season, Michael McConnell of Stanford Law School and Marci Hamilton of the Cardozo School of Law debate the history and contemporary application of the First Amendment's Establishment Clause.

Dec 16 2015

48mins

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Rank #9: The Courts, The Constitution and Phone Metadata

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The National Constitution Center’s Jeffrey Rosen is joined by three top experts to look at the constitutional future of the Patriot Act’s controversial Section 215, which allows the NSA to collect the phone records of Americans.

May 15 2015

45mins

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Rank #10: Should the 17th Amendment be repealed?

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David Schleicher of Yale University and Todd Zywicki of George Mason University discuss the text, history, and future of this contested amendment.

New essays are now available on the Constitution Center's Interactive Constitution. Read about the 17th Amendment, the 20th Amendment, the 24th Amendment, and the 25th Amendment.

Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.

We want to know what you think of the podcast. Email us at editor@constitutioncenter.org.

Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate.

Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app.

We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm.

Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more.

Today’s show was edited by Kevin Kilbourne and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen.

Jul 13 2017

51mins

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Rank #11: Is the Presidency Too Powerful?

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On this Presidents’ Day edition of We the People, political historian Julian Zelizer of Princeton and constitutional law professor Eric Posner of the University of Chicago Law School join host Jeffrey Rosen to debate the question: Is the presidency too powerful? Starting with the Founding Fathers’ vision for the presidency, they trace the evolution of presidential power through the Progressive Era presidencies of Teddy Roosevelt, William Howard Taft, and Woodrow Wilson, the move to restrain presidential power in the 1970s during LBJ’s and Richard Nixon’s presidencies, and the uptick in exercises of unilateral presidential power by modern presidents like George W. Bush, Barack Obama, and Donald Trump. Finally, they share their thoughts on presidential emergency powers and President Trump’s recent declaration of a national emergency to fund construction of the border wall. 

Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Feb 21 2019

1hr

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Rank #12: A conversation with Justice Ruth Bader Ginsburg

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Justice Ruth Bader Ginsburg joins National Constitution Center President and CEO Jeffrey Rosen for a wide-ranging conversation in celebration of the 25th anniversary of her appointment to the U.S. Supreme Court.

In the 75-minute interview, Justice Ginsburg talks about the #MeToo movement, confessed her affection for Millennials, discussed the Supreme Court cases she’d like to see overturned, and told some personal stories about the progress women’s rights have made—while reminding the audience of just how recently gender discrimination in American law seemed not only normal but entrenched.

The event took place in Philadelphia on February 12, 2018, in partnership with the University of Pennsylvania Law School as the Owen J. Roberts Memorial Lecture in Constitutional Law.

Feb 15 2018

1hr 19mins

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Rank #13: The life and legacy of Frederick Douglass

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On this debut episode of our special Stories of the Civil War and Reconstruction Series, we examine the life of one of America’s most influential abolitionists, orators, writers, and statesmen – Frederick Douglass. Growing up as an enslaved person in Maryland, Douglass set himself apart by learning to read and write at an early age.

After escaping from slavery, Douglass moved to Massachusetts where he became involved with local anti-slavery groups and newspapers. Ardently advocating for abolition, Douglass toured the country with William Lloyd Garrison and spoke extensively about the relationship between the Constitution and slavery in America.

David Blight is Class of 1954 Professor of American History at Yale University. An expert scholar on Frederick Douglass, Blight has written extensively on him. Blight’s newest book, Frederick Douglass: Prophet of Freedom, will be released on October 2. Blight also serves as Director of the Gilder Lehrman Center for the Study of Slavery, Resistance, and Abolition at Yale and previously taught at Amherst College for 13 years.

Noelle Trent is director of interpretation, collections and education at the National Civil Rights Museum in Memphis, Tennessee. Trent earned her doctorate in American history at Howard University, where she also served as a lecturer for 4 years. Her dissertation, “Frederick Douglass and the Making of American Exceptionalism,” is currently being expanded into a book.

Questions or comments? We would love to hear from you. Contact the We the People team at podcast@constitutioncenter.org

The National Constitution Center is offering CLE credits for select America’s Town Hall programs! Get more information at constitutioncenter.org/CLE.

Aug 02 2018

1hr 7mins

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Rank #14: The Fourth Amendment and police dog searches

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The National Constitution Center’s Jeffrey Rosen is joined by Orin Kerr and Christopher Slobogin to discuss another big Supreme Court decision about the Fourth Amendment and police dogs.

Apr 23 2015

39mins

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Rank #15: The constitutional and political impact of Citizens United

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David Keating of the Center for Competitive Politics and Paul Ryan of the Campaign Legal Center discuss the state of elections and campaign finance, six years after Citizens United.

We need your help to make this podcast even better! Go to bit.ly/wtpfeedback to share your feedback.

Get the latest constitutional news, and continue the conversation, on our Facebook page and Twitter feed.

We want to know what you think of the podcast. Email us at editor@constitutioncenter.org.

Please subscribe to We the People. While you’re in the iTunes Store, leave us a rating and review—it helps other people discover what we do.

Please also subscribe to Live at America’s Town Hall, featuring conversations and debates presented at the Center, across from Independence Hall in beautiful Philadelphia.

We the People is a member of Slate’s Panoply network. Check out all of our sibling podcasts at iTunes.com/Panoply.

Despite our congressional charter, the National Constitution Center is a private nonprofit—we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more.

This show was engineered by Kevin Kilbourne and produced by Nicandro Iannacci. Research was provided by Josh Waimberg and Danieli Evans. The host of We the People is Jeffrey Rosen.

Mar 17 2016

46mins

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Rank #16: Gawker, Hulk Hogan, and the First Amendment

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Jane Kirtley of the University of Minnesota and Amy Gajda of Tulane University examine the Gawker-Hulk Hogan dispute and the tension between press freedom and privacy.

Get the latest constitutional news, and continue the conversation, on our Facebook page and Twitter feed.

We want to know what you think of the podcast! Email us at editor@constitutioncenter.org.

Please subscribe to We the People on iTunes. While you’re in the iTunes Store, leave us a rating and review; it helps other people discover what we do.

Please also subscribe to Live at America’s Town Hall, featuring conversations and debates presented at the Center, across from Independence Hall in beautiful Philadelphia.

We the People is a member of Slate’s Panoply network. Check out all of our sibling podcasts at iTunes.com/Panoply.

Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more.

Jun 16 2016

54mins

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Rank #17: The First Amendment speech debate on college campuses

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Erwin Chemerinsky and Greg Lukianoff join National Constitution Center scholar in residence Michael Gerhardt to discuss controversies at Yale, Missouri and other universities about free speech and hate speech.

Nov 20 2015

39mins

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Rank #18: The life and legacy of Justice Louis Brandeis

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Jeffrey Rosen, president and CEO of the National Constitution Center, is joined by Melvin Urofsky of Virginia Commonwealth University and Philippa Strum of the Wilson Center to discuss his new biography of U.S. Supreme Court Justice Louis Brandeis.

Get the latest constitutional news, and continue the conversation, on our Facebook page and Twitter feed.

We want to know what you think of the podcast! Email us at editor@constitutioncenter.org.

Please subscribe to We the People on iTunes. While you’re in the iTunes Store, leave us a rating and review; it helps other people discover what we do.

Please also subscribe to Live at America’s Town Hall, featuring conversations and debates presented at the Center, across from Independence Hall in beautiful Philadelphia.

We the People is a member of Slate’s Panoply network. Check out all of our sibling podcasts at iTunes.com/Panoply.

Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more.

This show was engineered by Kevin Kilbourne and edited by David Stotz. It was produced by Nicandro Iannacci. The host of We the People is Jeffrey Rosen.

Jun 02 2016

1hr 30mins

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Rank #19: What Does the Constitution Say About Impeachment?

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How should impeachment be carried out, according to the Constitution? This episode explores the constitutional process of impeachment, from investigation and passage of articles of impeachment by the House of Representatives, to the Senate trial, and the aftermath. Rep. Elizabeth Holtzman, who served on the House Judiciary Committee during the Nixon impeachment, and Gene Healy, author of Indispensable Remedy: The Broad Scope of the Constitution’s Impeachment Power detail the constitutional framework under which impeachment has been carried out in the past, how those precedents compare to what’s happening today, and what might happen next. Jeffrey Rosen hosts.

Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Oct 24 2019

1hr 5mins

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Rank #20: Jeff Rosen answers your constitutional questions

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In the latest installment of our popular podcast series, National Constitution Center president Jeffrey Rosen answers your questions about constitutional conventions, creating new states and the rights of immigrants.

Jan 29 2015

47mins

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American Elections During Crisis

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As the coronavirus crisis presents major challenges for voting this November. today’s episode look backs at past elections during major crises in American history. How were they handled, what were their outcomes, and what are the lessons learned for election 2020? Kim Wehle, CBS News commentator and professor at the University of Baltimore Law School and, and historian Jonathan White of Christopher Newport University explore key elections such as the Election of 1864 carried out in the throes of the Civil War, midterms conducted in the midst of the 1918 Flu pandemic, and landmark presidential elections during World Wars I and II. They also consider how absentee voting and vote-by-mail has evolved over time, how voter fraud has been perceived throughout American history, and whether it presents a challenge for the upcoming election. Jeffrey Rosen hosts.

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Aug 06 2020

54mins

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Portland, Protests and Presidential Power

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Portland has seen more than 60 consecutive days of protests since the killing of George Floyd. The protests escalated when federal forces were deployed in Portland to protect its federal courthouse, angering protestors and local officials who said they did not ask for the federal deployment. On Wednesday, Oregon Governor Kate Brown announced that federal officials will soon begin withdrawing from the city, although they remained as of Thursday morning. On today’s episode, we’ll discuss the rapidly evolving situation in Portland—exploring the First, Fourth, and Fifth Amendment rights of protestors; the president’s power to deploy federal forces in the states to protect federal property, and the limits on that power; and more. Host Jeffrey Rosen was joined by John Inazu, an expert on the First Amendment right of assembly, and Bobby Chesney, an expert on the president’s power to deploy federal forces.

Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Jul 30 2020

52mins

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The Future of Church and State at SCOTUS

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In the term that just wrapped up, the Supreme Court decided several key cases weighing the First Amendment’s protection of free exercise of religion in relation to workers’ rights and antidiscrimination concerns, the separation of church and state, and more. This week’s episode examines those cases including:

  • Espinoza v. Montana Dept. of Revenue holding that Montana can’t deny tuition assistance to parents who send their children to religious-affiliated private schools
  • Our Lady of Guadalupe v. Morrissey-Berru holding that the plaintiffs, teachers at religious schools, couldn’t sue for employment discrimination because, under the “ministerial exception,” their schools can make decisions about teaching without government interference
  • Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania: holding that religious employers don’t have to provide health insurance for contraceptive coverage if doing so violates their beliefs


Host Jeffrey Rosen is joined by constitutional law scholars Leah Litman and Michael McConnell.


Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Jul 23 2020

58mins

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State Attorneys General Keith Ellison and Dave Yost

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Last week, host Jeffrey Rosen was joined by Minnesota Attorney General Keith Ellison and Ohio Attorney General Dave Yost for a bipartisan discussion about the role of state attorneys general in addressing policing reform, protests, and other constitutional challenges facing their states today.

This conversation was a hosted as an online America’s Town Hall program. Hear more programs on our companion podcast Live at the National Constitution Center https://podcasts.apple.com/us/podcast/live-at-americas-town-hall/id1037423300 or register for an upcoming program—to watch live via Zoom and ask speakers questions in the Q&A—at https://constitutioncenter.org/townhall. You can also watch videos of archived programs on the National Constitution Center’s Interactive Constitution Media Library https://constitutioncenter.org/interactive-constitution/media-library.

This program is presented in partnership with the Center for Excellence in Governance at the National Association of Attorneys General.

Jul 16 2020

1hr 3mins

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Has the Roberts Court Arrived?

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The 2019-2020 Supreme Court term recently ended with a series of blockbuster opinions involving presidential subpoenas, religious liberty, abortion, the Electoral College and more. Supreme Court experts Kate Shaw of Cardozo Law School and Ilya Shapiro of the Cato Institute join host Jeffrey Rosen to recap those opinions and more. They also weigh in on Chief Justice Roberts’ efforts to put the institutional legitimacy of the Court front and center in this historic term.

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Jul 10 2020

1hr 7mins

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“What to the Slave is the Fourth of July?”

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In 1852, the Ladies Anti-Slavery Society of Rochester, New York, invited Frederick Douglass to give a July Fourth speech. Douglass opted to speak on July 5 instead, and, addressing an audience of about 600, he delivered one of his most iconic speeches that would become known by the name “What to the Slave is the Fourth of July?” This episode explores Douglass’ oration on racial injustice and the broken promises of equality and liberty laid out in the Declaration of Independence. David Blight, Pulitzer Prize-winning Douglass biographer, and Lucas Morel, an expert on Douglass and African American history and politics, join host Jeffrey Rosen. They discuss the context and content of the speech, which Blight calls “the rhetorical masterpiece of abolition.” They also explore Douglass’ views of the Declaration of Independence—including that the principles expressed in the Declaration are eternal, but America does not live up to them in practice—as well as the Constitution. Finally, they reflect on what Douglass can teach us about the challenges America faces today, including the ongoing fight for racial justice and efforts to remove monuments around the country.

The full text of the speech is available here https://teachingamericanhistory.org/library/document/what-to-the-slave-is-the-fourth-of-july/

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Jul 02 2020

1hr 7mins

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The Supreme Court’s DACA Decision

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Last week, the Supreme Court ruled 5-4 that the Deferred Action for Childhood Arrivals program (DACA) will remain in place, ruling that the Trump administration’s attempts to rescind DACA were “arbitrary and capricious.” This episode details the Supreme Court’s majority opinion, written by Chief Justice Roberts, and the partial dissents by Justices Thomas, Alito and Kavanaugh, and how the case arose including the history of DACA under the Obama and Trump administrations. Constitutional law scholars Leah Litman, who co-hosts the podcast Strict Scrutiny, and Jonathan Adler, who blogs for the Volokh Conspiracy, join host Jeffrey Rosen.

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Jun 26 2020

57mins

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LGBTQ Employees’ Rights at the Supreme Court

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This week, the Supreme Court issued its decision in Bostock v. Clayton County, Georgia and two related cases, holding that an employer who discriminates against or fires an individual for being gay or transgender violates Title VII of the Civil Rights Act of 1964. This episode explores this landmark decision with Joshua Matz, a constitutional lawyer who wrote a key amicus brief in support of the employees in these cases, and Dr. Matthew Franck of Princeton University. They dive into the “weeds” of Justice Gorsuch’s majority opinion, the dissenting opinions by Justices Alito and Kavanaugh, and the reasoning behind them—then take a step back and examine the “forest” view of how this ruling may affect LGBTQ people as well as religious groups and others more broadly.

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Jun 18 2020

54mins

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Live at the NCC: Policing, Protests, and the Constitution Part 2

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Last Friday, the National Constitution Center hosted a two-part national Town Hall program on policing, protests, and the Constitution. The wide-ranging discussions covered qualified immunity for police officers, the history of racial inequality, protests and the First Amendment, and more. Part two of the discussion features Monica Bell of Yale Law School, David French of The Dispatch, Janai Nelson of the NAACP Legal Defense and Educational Fund, and Theodore Shaw of the University of North Carolina School of Law. Part one is a keynote conversation featuring Judge Theodore McKee of the U.S. Court of Appeals for the Third Circuit, and you can listen to that here https://podcasts.apple.com/us/podcast/live-at-ncc-policing-protests-constitution-part-1/id83213431?i=1000477612011 Jeffrey Rosen moderates. Listen and subscribe to Live at the National Constitution Center here https://podcasts.apple.com/us/podcast/live-at-americas-town-hall/id1037423300

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Jun 11 2020

58mins

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Live at the NCC: Policing, Protests, and the Constitution Part 1

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Last Friday, the National Constitution Center hosted a two-part national Town Hall program on policing, protests, and the Constitution. This episode—which originally aired on our companion podcast Live at the National Constitution Center—features National Constitution Center President Jeffrey Rosen’s keynote conversation with Judge Theodore McKee of the U.S. Court of Appeals for the Third Circuit. Their wide-ranging discussion covered qualified immunity for police officers, the history of racial inequality, protests and the First Amendment, and more. In part two, leading scholars touch on those topics further, and you can listen to that episode here https://podcasts.apple.com/us/podcast/live-at-ncc-policing-protests-constitution-part-2/id83213431?i=1000477612012 Listen and subscribe to Live at the National Constitution Center here https://podcasts.apple.com/us/podcast/live-at-americas-town-hall/id1037423300

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Jun 11 2020

29mins

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What is Section 230? 

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Last week, Twitter added a fact-check message to President Trump's tweets about voter fraud and vote by mail, and a notice that one of his tweets about recent protests violated Twitter’s policy against glorifying violence. In response to the fact-check, the President signed an executive order aimed at limiting the legal protections given to online platforms under Section 230 of the Communications Decency Act. This episode explores Section 230—what does it say and how has it influenced speech online?—and the potential consequences of the executive order. It also takes a broader look at content regulation on Twitter, Facebook, and other platforms, and how that squares with First Amendment values. Host Jeffrey Rosen was joined by digital speech experts Professor Kate Klonick and David French. 

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Jun 05 2020

1hr 6mins

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Voting, Coronavirus, and the Constitution

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Coronavirus has presented difficulties in holding presidential primaries this spring and will continue to pose challenges for the general election. Some states have responded by implementing vote by mail (although those decisions have brought logistical challenges like those that Pennsylvania currently faces) while some that have not are facing lawsuits. The U.S. Supreme Court also recently issued a ruling about voting in Wisconsin in April, RNC. v. DNC, which involved questions about counting absentee ballots amidst the risks that in-person voting might present. This episode explores those cases as well as the latest news surrounding how Americans will vote in the midst of the pandemic, and, broadly, what the Constitution and Supreme Court precedent require. Election law experts Ned Foley and Michael Morley join host Jeffrey Rosen to discuss.  

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

May 29 2020

54mins

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“Faithless Electors” Supreme Court Argument Recap

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Last week, the Supreme Court heard oral arguments by teleconference, and the National Constitution Center recapped those arguments live on C-SPAN with advocates on either side of each case. On this week’s episode we’re sharing the recap for the cases Colorado Dept. of State v. Baca and Chiafalo v. Washington, about "faithless electors" and the electoral college. Those cases ask whether states can penalize or remove a presidential elector because they refused to vote for the candidate who won their state's popular vote. Host Jeffrey Rosen was joined by David Kopel, the research director of the Independence Institute who wrote a brief in support of the “faithless electors,” and Paul Smith, vice president of litigation and strategy at the Campaign Legal Center who wrote a brief in support of the states.

Hear more argument recaps on We the People and our companion podcast, Live at the National Constitution Center. This week’s episode of Live at the National Constitution Center features the argument recap of the cases asking whether President Trump must release financial records to House committees and prosecutors, and you can listen to that here.

Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

May 22 2020

57mins

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Supreme Court Remote Argument Recaps Part 2

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This week, the Supreme Court continued to hear oral arguments by teleconference, and the National Constitution Center recapped those arguments live on C-SPAN with advocates on either side of each case. Today we’re sharing the recap for Our Lady of Guadalupe School v. Morrissey-Berru—which raises the question of whether two former teachers who taught at Catholic schools fall under the "ministerial exception,” and thus are unable to sue their employers for alleged employment discrimination. Host Jeffrey Rosen was joined by Sunu P. Chandy, Legal Director of the National Women’s Law Center, and UCLA law professor Eugene Volokh to explain the case and recap the argument.  

The National Constitution Center recapped all of the Supreme Court's remote arguments live on C-SPAN. You can watch the rest of those recaps on our YouTube channel at YouTube.com/constitutioncenter or hear more in the coming weeks on this podcast and our companion podcast Live at the National Constitution Center. 

Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

May 14 2020

49mins

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The Supreme Court’s First Remote Argument – A Recap

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This week, the Supreme Court heard oral arguments by teleconference, allowing the public to listen in, in real time, for the first time in history. On Monday, the Court heard United States Patent and Trademark Office v. Booking.com—a case about whether Booking.com can trademark its name. Immediately following the argument, host Jeffrey Rosen was joined by three experts who filed briefs on different sides of the case—Corynne McSherry of Electronic Frontier Foundation, professor Rebecca Tushnet of Harvard Law School, and Margaret Duncan of Loyola University Chicago School of Law—to recap the argument, explain the case, and reflect on a historic moment for the Court. The National Constitution Center collaborated with C-SPAN to broadcast this conversation live.

The National Constitution Center recapped all of the arguments heard this past week live on C-SPAN. You can watch the rest of those recaps on our YouTube channel at YouTube.com/constitutioncenter. The Supreme Court will hear additional arguments next Monday, Tuesday, and Wednesday, starting at 10 a.m. EDT, and then Jeff will be back on C-SPAN to recap them with some of the leading experts involved in the cases. So please tune in!

Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

May 07 2020

49mins

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Will Coronavirus Change Criminal Justice?

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The coronavirus pandemic has seriously impacted the criminal justice system—as prisons experience severe outbreaks, states release nonviolent offenders, trials experience delays, and some jurisdictions halt arrests for misdemeanors to keep jail populations down. On this episode, criminal justice experts Emily Bazelon and Paul Cassell weigh in on those and other changes affecting criminal justice systems around the country, and potential long-term impacts. They also explain defendants’ rights under the Constitution as well as victims’ rights, and detail some recent lawsuits filed, both on behalf of prisoners arguing that being detained in the midst of a pandemic violates the Eighth Amendment’s protection from cruel and unusual punishment claims, and by victims requesting notification of perpetrators’ release. Bazelon is the author of Charged: The Movement to Transform American Prosecution and End Mass Incarceration and Cassell is a former federal judge who now specializes in victims’ rights and is a law professor at the University of Utah. They join host Jeffrey Rosen.

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Apr 30 2020

51mins

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Who Has the Power to "Reopen" the Country?

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As the United States seems to begin to flatten its curve of new coronavirus cases, President Trump has claimed he has the authority to reopen the economy and the nation. Evaluating that claim in relation to both presidential power under Article II and state power under the 10th Amendment—professors John Yoo and Alison LaCroix join host Jeffrey Rosen. They give their takes on the president’s claims and conduct in the midst of coronavirus and evaluate what he can and can’t do in light of the system of separation of powers and federalism; comment on whether the president can or should withdraw from the World Health Organization, suspend immigration, and support citizen protests against governors; and place these contemporary debates in historical context.

A term that will be helpful to know for this week—federalism. Federalism is the constitutional division of power between U.S. state governments and the federal government. Professors Yoo and LaCroix detail the history of federalism and how it’s evolved from the founding to today.

Apr 23 2020

52mins

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The Supreme Court Goes Remote

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On Monday, the Supreme Court announced that it will hear its May oral arguments over the phone, allowing the public to listen in live for the first time. On this episode, host Jeffrey Rosen first interviews Marcia Coyle, chief Washington correspondent for The National Law Journal, to discuss that change and other adjustments the Court has made due to the coronavirus pandemic. Coyle is also the new Supreme Court correspondent for the National Constitution Center’s blog Constitution Daily. Next, Jeff is joined by appellate lawyer Jaime Santos and Case Western Law professor Jonathan Adler to dive into the substance of the cases recently decided, and those being argued in May.

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Apr 17 2020

1hr

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Is COVID-19 Hurting Global Democracy?

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Responses to the coronavirus pandemic may be posing a danger to democracies around the world—as fault lines in constitutional systems are exposed and some authoritarian leaders attempt to grab broad powers. Two experts on constitutional and international law — Professor Kim Lane Scheppele of Princeton University and Professor Deborah Pearlstein of Cardozo Law School — join host Jeffrey Rosen to explore the governmental challenges raised by COVID-19 in the United States and around the world. Scheppele – one of the foremost experts on Hungary – sheds light on the country’s dangerous recent slide into authoritarianism, made worse by a “draconian” emergency law passed under the guise of combatting coronavirus. And Pearlstein shares insights from her recent work on how the outbreak can impede elections and how Congress should begin preparing for election 2020. 

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Apr 10 2020

1hr 1min

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Civil Liberties and COVID-19

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Some of Americans’ civil liberties—like the freedom to assemble in public, the right to travel, the ability to purchase a gun at a gun store or visit a reproductive health clinic, the freedom to exercise religion by going to church, and more— are typically exercised in person. As states enforce the stay-at-home orders necessary to prevent the spread of coronavirus, how will those rights be impacted? And what will happen to them after the crisis is over? This episode explores those questions as First Amendment experts Lata Nott and David French join host Jeffrey Rosen.


Questions or comments? Email us at podcast@constitutioncenter.org.

Apr 03 2020

49mins

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Constitutional

By vuwere - May 21 2020
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Never learned so much as to applying and application constitutional law 👍🏼

Depends on your interests

By HDA2929 - Apr 01 2020
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While based on constitutional issues, these podcasts can vary greatly. Various authors and scholars discuss topics that run the full range of topics from the totally topical to some pretty esoteric discussions. You either love it or not, but always thought provoking and educational