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We the People
72 minutes | 5 days ago
The Constitution Drafting Project
The National Constitution Center’s Constitution Drafting Project brought together three teams of leading constitutional scholars—team libertarian, team progressive, and team conservative—to draft and present their ideal constitutions. The leaders of each team—Caroline Frederickson of team progressive, Ilya Shapiro of team libertarian, and Ilan Wurman of team conservative—joined host Jeffrey Rosen to share the process behind their approach to drafting their constitutions and agreeing on what to include and not to include; the overall structure of their constitutions as well as the specific constitutional ideas they added to and subtracted from the U.S. Constitution; and the similarities and differences between the three constitutions.Team libertarian also included Timothy Sandefur of the Goldwater Institute and Christina Mulligan of Brooklyn Law School.Team progressive also included Jamal Greene of Columbia Law School and Melissa Murray of New York University School of Law.Team conservative also included Robert P. George of Princeton University, Michael McConnell of Stanford Law School, and Colleen A. Sheehan of Arizona State University.The project was generously supported by Jeff Yass.Questions or comments about the show? Email us at email@example.com.
59 minutes | 12 days ago
Live at the NCC: The Past Four Years
A panel of experts from across the ideological spectrum joined National Constitution Center President Jeffrey Rosen on November 11 to consider what the 2020 election and its aftermath demonstrates about the political parties, polarization, and the state of American democracy today. They also explored how debates over what “truth” means have grown over the last four years, how that manifested in the election and its results, and where we’re headed next including the future of American values like free speech. The panel features Anne Applebaum and Yascha Mounk of the SNF Agora Institute and The Atlantic, David French of The Dispatch, and Charles Kesler of Claremont McKenna College.This episode originally aired on our companion podcast, Live at the National Constituiton Center, which shares live constitutional conversations hosted by the Center. Listen and subscribe or follow on Apple Podcasts, Spotify, or wherever you listen. Register to watch future programs live as Zoom webinars where you can ask your constitutional questions in the Q&A box.This program was presented in partnership with the SNF Agora Institute at Johns Hopkins University.
58 minutes | 19 days ago
The Affordable Care Act Back at the Supreme Court
This week, the Supreme Court heard oral arguments in California v. Texas—a recent lawsuit bringing another challenge to the Affordable Care Act. In 2012, in NFIB v. Sebelius, the Supreme Court upheld the ACA as constitutional exercise of Congress’s taxing power; but Congress in 2017 eliminated the individual mandate which served as a basis for the tax rationale—and a group of states and individual plaintiffs sued to challenge the law’s validity once again. This episode recaps the arguments and how the justices—including Justice Amy Coney Barrett, whose faced many questions about the ACA during her confirmation hearings— reacted to the arguments on both sides. Host Jeffrey Rosen was joined by two experts on the Affordable Care Act and the Constitution: Abbe Gluck of Yale Law School, author of The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America, and Ilya Shapiro of the Cato Institute, author of Religious Liberties for Corporations? Hobby Lobby, the Affordable Care Act, and the Constitution.Some terms that will be helpful to know for this week: Standing: the ability of a person or party to bring a lawsuit in court. For instance, if the person who brings the lawsuit has suffered some “injury” or will be likely to suffer an injury if a particular wrong is not remedied, they may have standing to bring the case. Severability: a legal principle that allows an unconstitutional or unenforceable provision or part of law to be “severed” out from the rest of the law, leaving the remaining parts of the law intact and in force. Questions or comments about the show? Email us at firstname.lastname@example.org.
47 minutes | a month ago
Religious Groups, Foster Care, and the First Amendment
On November 4, as the nation watched and waited for election results, the Supreme Court continued business as usual, hearing oral arguments in one of the term’s key cases—Fulton v. City of Philadelphia. This lawsuit was brought by Catholic Social Services (CSS), a foster-care organization that works with the city of Philadelphia to certify prospective foster parents. When the city found out that CSS, due it its religious beliefs, would not certify unmarried or same-sex married couples to be foster parents, the city cut off foster-parent referrals to CSS, and CSS filed suit. To explain the case, recap the arguments on both sides, and explore the major implications a decision may have for how to balance anti-discrimination laws and religious freedom under the First Amendment—host Jeffrey Rosen was joined by Leah Litman, Michigan Law Professor and host of the Supreme Court podcast Strict Scrutiny, and Jonathan Adler, Professor at Case Western Reserve University School of Law and contributing editor to National Review Online. Questions or comments about the show? Email us at email@example.com.
60 minutes | a month ago
United States v. Google
The Justice Department recently filed a lawsuit against Google, accusing the company of illegally maintaining monopolies over search and search advertising. This week’s episode details the ins and outs of the lawsuit, the allegations the government makes against Google, and what all this might mean for similar companies like Apple and the future of Big Tech. To figure out how we got here, we also look to the history of antitrust, including what happened when a similar lawsuit was brought against Microsoft. Leading experts on technology, antitrust, and the Constitution Tim Wu of Columbia Law School and Adam White of George Mason’s Antonin Scalia Law School join host Jeffrey Rosen.Questions or comments about the show? Email us at firstname.lastname@example.org.
54 minutes | a month ago
Election 2020 in the Courts
As the 2020 election quickly approaches, the Supreme Court issued two key rulings on state election laws this week—ruling 5-3 in Merill v. People First of Alabama to prevent counties from offering curbside voting in Alabama, and, in Pennsylvania Democratic Party v. Boockvar, upholding Pennsylvania’s extension of its mail-in ballot deadline by a 4-4 vote. This episode recaps those rulings, explores other key election-related cases before courts around the country, and explains the constitutional dimensions of legal battles over voting including why and how a court decides when state laws rise to the level of disenfranchisement or not. Emily Bazelon of the New York Times Magazine and co-host of Slate’s podcast “Political Gabfest”, and Bradley Smith, professor at Capital University Law School who previously served on the Federal Election Commission, join host Jeffrey Rosen.Questions or comments about the show? Email us at email@example.com.
55 minutes | 2 months ago
Barrett Confirmation Hearings Recap
This week’s episode recaps the Senate Judiciary Committee’s Supreme Court confirmation hearings for Judge Amy Coney Barrett, discussing what the hearings revealed about Judge Barrett’s career, her judicial philosophy, and her approach to stare decisis and constitutional interpretation including her views on originalism, and how, if confirmed, Justice Barrett might rule on legal questions including: the recent challenge to the Affordable Care Act, reproductive rights, presidential power, any disputes arising from the 2020 election, the Second Amendment, religious liberty, race and criminal justice, and more. Kate Shaw, Professor at Cardozo Law School and co-host of the Supreme Court podcast Strict Scrutiny, and Michael Moreland, University Professor of Law and Religion at Villanova Law, join host Jeffrey Rosen.Terms that will be helpful to know for this week: Stare decisis: Latin for “to stand by things decided”; the doctrine of precedent—adhering to prior judicial rulings. Originalism: a judicial philosophy of constitutional interpretation holding that the words in the U.S. Constitution should be interpreted as they were understood at the time they were written. “Super precedents”: Landmark Supreme Court decisions whose correctness, according to many, is no longer a viable issue for courts to decide and so are unlikely to be overturned. Severability: a principle by which a court might strike down one portion of a law but the remaining provisions, or the remaining applications of those provisions, will continue to remain in effect. Questions or comments about the show? Email us at firstname.lastname@example.org.
51 minutes | 2 months ago
The Pandemic, the President and the 25th Amendment
In light of President Trump and numerous other high-ranking government officials recently contracting COVID-19, this week’s episode explores the 25th Amendment, which outlines what happens if the president becomes unable to discharge the powers and duties of the office. We explore questions related to current concerns including: should President Trump have invoked the 25th Amendment when he was in the hospital? And questions that have arisen throughout American history such as: What happens if a vacancy in the office of president or vice president arises? What mechanisms does the 25th Amendment lay out for coping with that situation, and what scenarios does it fail to provide solutions for? What if the president is unable to fill his role but won’t step aside? And more. Host Jeffrey Rosen is joined by constitutional scholars David Pozen and Brian Kalt, who wrote an essay explaining the 25th Amendment for the National Constitution Center’s Interactive Constitution which you can read here https://constitutioncenter.org/interactive-constitution/interpretation/amendment-xxv/interps/159 Questions or comments about the show? Email us at email@example.com.
54 minutes | 2 months ago
Supreme Court 2020 Term Preview
The new U.S. Supreme Court term is set to begin Monday, October 5, the first day of remote oral arguments. To preview what’s ahead, Adam Liptak, Supreme Court reporter for the New York Times, and Marcia Coyle, Supreme Court correspondent for the Center’s blog Constitution Daily and Chief Washington correspondent for The National Law Journal, joined host Jeffrey Rosen. They explored how the election and the forthcoming confirmation battle over Judge Amy Coney Barrett’s nomination might affect the Court, how the Court might shift with the addition of a new ninth justice, and the key cases to be heard this term including: California v. Texas (the most recent challenge to the Affordable Care Act) Fulton v. Philadelphia (a case asking whether religious organizations must allow same-sex couples to become foster parents, and whether the Court should revisit its decision in Employment Division v. Smith) Torres v. Madrid (a police violence case asking when physical force constitutes a seizure under the Fourth Amendment) Tanzin v. Tanvir (a lawsuit related to the “no-fly list” and whether the Religious Freedom Restoration Act of 1993 allows lawsuits for money damages against federal agents) Carney v. Adams (a case about the First Amendment and state judges’ partisan affiliations) Questions or comments about the show? Email us at firstname.lastname@example.org.
49 minutes | 2 months ago
The 19th-Century History of Court Packing
Following the passing of Justice Ruth Bader Ginsburg, Republicans have promised to nominate a new Supreme Court Justice swiftly, before the imminent presidential election. If the Republican-led Senate confirms a new nominee either before or closely after the November election, some Democrats have said they will respond by attempting to “pack”—or add justices—to the Supreme Court. This week’s episode looks to history, particularly to the 19th century and the Civil War era, to see what lessons from historic battles over the composition of the Court might teach us today. Host Jeffrey Rosen is joined by two renowned constitutional historians —Tim Huebner of Rhodes College and Mark Graber of the University of Maryland Carey Law School.Questions or comments about the show? Email us at email@example.com.
43 minutes | 2 months ago
Justice Ruth Bader Ginsburg: A Constitutional Icon
On Constitution Day, September 17, the National Constitution Center awards the 2020 Liberty Medal to Justice Ruth Bader Ginsburg for her efforts to advance liberty and equality for all. As part of the Liberty Medal celebration—and the Center’s yearlong Women and the Constitution initiative celebrating 100 years of women’s suffrage—this podcast explores the Justice’s living constitutional legacy both before and after joining the Supreme Court bench, including her trailblazing work as a lawyer advocating for gender equality, then as an Associate Justice writing landmark majority opinions in addition to her well-known dissents, and today as cultural and constitutional icon who continues to inspire generations of Americans. Host Jeffrey Rosen is joined by Kelsi Corkran, head of the Supreme Court practice at Orrick, and University of California Berkeley Law Professor Amanda Tyler, who both clerked for Justice Ginsburg.Questions or comments about the show? Email us at firstname.lastname@example.org.
44 minutes | 3 months ago
Founding Stories of America’s Founding Documents
Constitution Day— the anniversary of the signing of the Constitution on September 17th, 1787—is next week! As we look forward to Constitution Day, this week’s episode shares founding stories of America’s founding documents from three key periods: the Declaration of Independence and the Revolution, the Founding era, and post-Civil War Reconstruction, sometimes referred to as the “second founding.” Renowned teachers of the Constitution, Dean Erwin Chemerinsky and professor Kurt Lash, tell the stories of: Thomas Paine’s Common Sense: the power of words and a single person to change the course of American history Thomas Jefferson, the Declaration of Independence, and how Jefferson’s words may have impacted abolition James Madison’s rejection of the Alien and Sedition Act of 1798 and how it may have influenced abolitionists' fight for the freedom of formerly enslaved people like Joshua Glover The creation of the Electoral College The story of the adoption of the 14th amendment from different perspectives The debate over whether the Constitution is pro or anti-slavery What unites us in how we understand the story of our Constitution Tune into the NCC’s Constitution Day programming next Thursday! See the schedule here: https://constitutioncenter.org/learn/civic-calendar/constitution-day-civic-holiday
49 minutes | 3 months ago
Parties, Platforms, Conventions, and the Constitution
In August, the Democratic and Republican parties held their conventions mostly virtually for the first time in history due to the coronavirus crisis. This week on We the People we look back to past conventions throughout history. Host Jeffrey Rosen and scholars John Gerring and Michael Holt explore the constitutional positions the parties have taken from the Founding to the Civil War era and beyond, diving into nineteen century party platforms to consider the evolution of the parties’ constitutional positions. Questions or comments about the show? Email us at email@example.com.
56 minutes | 3 months ago
19th Amendment: Origins, History, and Legacy
In celebration of the 100th anniversary of the ratification of the 19th Amendment on August 18th and its certification on the 26th—this episode dives into the story of the 19th Amendment from its roots among abolition and the Civil War and Reconstruction through its ratification, the fight for the Equal Rights Amendment, and beyond. 19th Amendment experts and historians Reva Siegel and Laura Free explain when and why the word “male” was first introduced into the Constitution, how the right to vote radically changed women’s position within the family, and how we can and should expand the our constitutional story to include the many diverse groups who advocated for suffrage. Learn more about the National Constitution Center’s new exhibit The 19th Amendment: How Women Won the Vote and check out its online interactive content here https://constitutioncenter.org/experience/exhibitions/feature-exhibitions/women-and-the-constitution-feature-exhibitQuestions or comments about the show? Email us at firstname.lastname@example.org.
51 minutes | 3 months ago
The Constitutional Bounds of Executive Action
President Trump recently signed several executive actions and, in doing so, some have argued the president overstepped his constitutional authority and infringed on congressional power. This week’s episode considers those claims in regards to the president's recent actions on coronavirus crisis relief, the post office, and more. It also examines how presidential power has grown over time, how we think about the three branches and the “political” Constitution versus the legal one, and more. Constitutional and administrative law experts Adam White and David Super join host Jeffrey Rosen. Questions or comments about the podcast? Email us at email@example.com.
29 minutes | 4 months ago
Live at the NCC: The 19th Amendment: The Untold Story
Last week, historians Martha Jones and Lisa Tetrault joined National Constitution Center President and CEO Jeffrey Rosen for a conversation exploring the history and legacy of the 19th Amendment. The discussion highlighted the untold stories of women from all backgrounds who fought for women's suffrage and equality for all—as well as the work still left to do after the Amendment's ratification was won. Martha Jones is author of the new book Vanguard: How Black Women Broke Barriers, Won the Vote, and Insisted on Equality for All. Lisa Tetrault is author of The Myth of Seneca Falls: Memory and the Women's Suffrage Movement, 1848-1898.This conversation originally aired on our companion podcast, Live at the National Constitution Center. Listen and subscribe here: https://podcasts.apple.com/us/podcast/live-at-americas-town-hall/id1037423300This program was presented as part of the 19th Amendment: Past, Present, and Future symposium presented in partnership with All in Together, the George & Barbara Bush Foundation, the LBJ Presidential Library, the National Archives, The 19th, and the Ronald Reagan Presidential Library. It’s part of the National Constitution Center's Women and the Constitution initiative—a yearlong celebration of the 100th anniversary of the 19th Amendment.Questions or comments about the show? Email us at firstname.lastname@example.org.
54 minutes | 4 months ago
American Elections During Crisis
As the coronavirus crisis presents major challenges for voting this November, today’s episode looks 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 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. President and CEO Jeffrey Rosen hosts.Questions or comments about the show? Email us at email@example.com.
52 minutes | 4 months ago
Portland, Protests and Presidential Power
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 firstname.lastname@example.org.
59 minutes | 4 months ago
The Future of Church and State at SCOTUS
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 email@example.com.
64 minutes | 4 months ago
State Attorneys General Keith Ellison and Dave Yost
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.
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