We the People

We the People

A weekly show of constitutional debate hosted by National Constitution Center President and CEO Jeffrey Rosen where listeners can hear the best arguments on all sides of the constitutional issues at the center of American life.

Episodes

July 17, 2025 57 mins
In this episode, Derek Black of the University of South Carolina School of Law and Neal McCluskey of the Cato Institute join to discuss this recent emergency docket decision and explore the history of federal involvement in education.     Resources  McMahon v. New York (2025) Scott Harris with Derek Black, “Trump’s Targeting of Education Department Could Eliminate Dozens of Federal Programs for Millions of Students Nation...
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In this episode, Jess Bravin of The Wall Street Journal, Jan Crawford of CBS News, and Fred Smith Jr. of Stanford Law School join to explore polarization on the Court and the role of the media and the political branches in shaping public perceptions. Resources Trump v. CASA, Inc. (2025) Jess Bravin and Mariah Timms, “Supreme Court Limits Rulings Against Trump on Birthright Citizenship,” The Wall Street Journal (June 27,...
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July 3, 2025 60 mins
On June 27, 2025, the Supreme Court delivered its final decisions of the 2024–25 term. In this episode, Steve Vladeck of the Georgetown University Law Center and Sarah Isgur of SCOTUSblog join to discuss the significant cases from this Supreme Court term.    Resources Trump v. CASA, Inc. (2025)  Mahmoud v. Taylor (2025) DHS v. DVD (2025) Steve Vladeck, “163: A New Kind of Judicial Supremacy,” One First (June 30, 2...
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On June 18, the Supreme Court upheld a Tennessee law that prohibits medical transitions for transgender minors. In this episode, William Eskridge Jr. of Yale Law School and Christopher Green of The Ohio State University join to debate the decision and to discuss the meaning of the Equal Protection Clause of the 14th Amendment.    Resources United States v. Skrmetti (2025) Christopher Green, Brief amicus curiae, United Sta...
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On June 7, President Trump asserted control over California’s National Guard. In this episode, Professor Michael Ramsey of the University of San Diego School of Law and Liza Goitein of the Brennan Center join Jeffrey Rosen to explore the meaning of 10 U.S.C. 12406 and unpack California Governor Gavin Newsom’s lawsuit challenging the legality of President Trump’s actions.    Resources Michael Ramsey, “John Yoo on Presidential ...
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Gillian Metzger of Columbia Law School and Saikrishna Prakash of the University of Virginia School of Law join Jeffrey Rosen to examine the founders’ vision for the presidency, review how presidential power has changed over time, and debate the constitutional questions—including the unitary executive theory—that have shaped the modern presidency. Resources Federalist No. 70, New York Packet (March 18, 1788) Myers v. Uni...
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Charles Sumner was an abolitionist senator who helped to write the post-Civil War Constitution and give birth to modern civil rights law. Zaakir Tameez, author of the new biography Charles Sumner: Conscience of a Nation, joins Jeffrey Rosen to discuss Sumner as a moral thinker, political activist, and constitutional visionary.  Resources Zaakir Tameez, Charles Sumner: Conscience of a Nation  Zaakir Tameez, “What we can le...
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In celebration of Jewish American Heritage Month, Richard Kreitner, author of Fear No Pharaoh: American Jews, the Civil War, and the Fight to End Slavery, and Shari Rabin, author of The Jewish South: An American History, join Jeffrey Rosen for a wide-ranging discussion on the Southern Jewish experience from the Revolutionary era to the Civil War. They discuss how American Jews reckoned with religious discrimination and slavery, exp...
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May 22, 2025 45 mins
Constitutional scholars Ilya Shapiro, Stephen Vladeck, and Adam White join NCC President and CEO Jeffrey Rosen to debate whether the Trump administration has overreached on executive power, analyze the relationship between the federal courts and the president, and put the present moment in historical context. This conversation was originally recorded on May 21, 2025, at George Washington’s Mount Vernon.  Resources J. Mic...
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May 15, 2025 71 mins
Retired Supreme Court Justice David Souter passed away on May 8, 2025, at his home in New Hampshire. In this episode, his former clerks, Judge Kevin Newsom of the U.S. Court of Appeals for the 11th Circuit and Professor Jeannie Suk Gersen of Harvard Law School, join Jeffrey Rosen for a conversation on Justice Souter’s life and constitutional legacy. Retired Justice Stephen Breyer also shares memories of his former colleague.  Re...
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May 8, 2025 59 mins
Brian Kalt  of Michigan State College of Law and  Jeffrey Toobin, author of  The Pardon: The Politics of Presidential Mercy, join Jeffrey Rosen to explore the founders’ vision for the pardon power and the use of the presidential pardon throughout American history—from Thomas Jefferson’s pardons to those issued by Presidents Biden and Trump.  This conversation was originally streamed live as part of the NCC’s America’s Town Hall se...
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On April 30, the Supreme Court heard oral arguments in Oklahoma Statewide Charter School Board v. Drummond, which examines the constitutionality of religious charter schools. In this episode, Michael McConnell of Stanford Law School and Steven Green of Willamette University join Jeffrey Rosen to recap the oral arguments, debate the meaning and history of the Free Exercise and Establishment Clauses, and survey the Court’s other reli...
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April 24, 2025 60 mins
On May 15, the Supreme Court will hear oral arguments in a case challenging the constitutionality of President Trump’s executive order which seeks to end birthright citizenship for the children of undocumented immigrants. Legal scholars Gabriel Chin of the University of California, Davis School of Law; Amanda Frost of the University of Virginia School of Law; Kurt Lash of the University of Richmond School of Law; and Ilan Wurman of...
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April 17, 2025 58 mins
In celebration of the 250th anniversary of the Battles of Lexington and Concord, historians Rick Atkinson, author of The British Are Coming: The War for America, Lexington to Princeton, 1775-1777; Mary Beth Norton, author of 1774: The Long Year of Revolution; and Rosemarie Zagarri, author of Revolutionary Backlash: Women and Politics in the Early American Republic, join Jeffrey Rosen to explore the events leading to the first shots...
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Steven Calabresi of Northwestern University and Samuel Estreicher of New York University join Jeffrey Rosen to discuss the statutory authority for President Trump’s tariffs and whether they violate federal law or the Constitution. Resources Samuel Estreicher & Andrew Babbitt, “Are Tariffs an Emergency Power?,” Lawfare Blog (April 3, 2025)  Steven Calabresi, “President Trump's New Tariffs Are Unconstitutional,” Volokh Conspiracy ...
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April 3, 2025 58 mins
National Constitution Center President and CEO Jeffrey Rosen leads a special panel discussion with Federal Judges Association President Judge J. Michelle Childs of the U.S. Court of Appeals for the District of Columbia Circuit; Judge M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit and past president of the Federal Judges Association; Judge Beth Bloom of the U.S. District Court Southern District of Florida; an...
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March 27, 2025 57 mins
Best-selling author Michael Lewis discusses his new book, Who Is Government?: The Untold Story of Public Service, with Jeffrey Rosen. As government programs face political headwinds, Lewis and his favorite writers examine the human stories of the heroic civil servants who make government work and why their contributions matter.  This conversation was originally streamed live as part of the NCC’s America’s Town Hall series on March...
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March 20, 2025 67 mins
Trump has invoked the Alien Enemies Act of 1798, a wartime authority, to summarily deport suspected members of a Venezuelan gang. He also invoked a Cold War-era statute to deport a student activist at Columbia University. In this episode, Adam Cox of New York University and Ilya Somin of George Mason University join to discuss the scope of the president’s deportation power and to evaluate whether the administration violated the due...
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March 13, 2025 62 mins
Kate Huddleston, senior legal counsel of litigation at the Campaign Legal Center, and Michael McConnell, Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford Law School, join Jeffrey Rosen to debate whether the newly created Department of Government Efficiency (DOGE) has acted lawfully in firing federal workers and freezing federal spending.  Resources Campaign Legal Center, Complaint fo...
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March 6, 2025 58 mins
Jonathan Rauch, author of Cross Purposes: Christianity’s Broken Bargain with Democracy, and Julian Zelizer, author of In Defense of Partisanship, join Jeffrey Rosen for a wide-ranging discussion on their new books and the rise of partisanship in America.  This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on March 3, 2025.  Resources Julian E. Zelizer, In Defense of Partisanship...
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