508 episodes

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.

We the People National Constitution Ctr

    • News
    • 4.6 • 995 Ratings

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.

    Lincoln, Democracy, and the American Experiment

    Lincoln, Democracy, and the American Experiment

    In this episode of We the People, Jeffrey Rosen has a special one-on-one conversation with the historian Allen Guelzo on his new book Our Ancient Faith: Lincoln, Democracy, and the American Experiment. They discuss Lincoln’s powerful vision of democracy, revisit his approach to tackling slavery and preserving the Union, and explain how Lincoln remains relevant as a political thinker today. 

    Resources

    Allen Guelzo, Our Ancient Faith: Lincoln, Democracy, and the American Experiment (2024)  

    “Lincoln’s Speeches and the Refounding of America,” NCC America’s Town Hall program (Nov. 2021) 

    William H. Herndon, Herndon on Lincoln: Letters (2016) 

    Abraham Lincoln, “Speech to the Young Men’s Lyceum of Springfield,” (1838)  

     

    Questions or comments about the show? Email us at podcast@constitutioncenter.org.  
    Continue today’s conversation on social media @ConstitutionCtr and #WeThePeoplePodcast.
    Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  
    You can find transcripts for each episode on the podcast pages in our Media Library. 

    • 1 hr
    Founding Partisans: Hamilton, Madison, Jefferson, Adams and the Brawling Birth of American Politics

    Founding Partisans: Hamilton, Madison, Jefferson, Adams and the Brawling Birth of American Politics

    On November 7, 2023, historians Carol Berkin, author of A Sovereign People: The Crises of the 1790s and the Birth of American Nationalism, and H.W. Brands, author of Founding Partisans: Hamilton, Jefferson, Madison, Adams, and the Brawling Birth of American Politics, joined Jeffrey Rosen for a conversation on political partisanship and nationalism in early America, and how, despite the founders’ fear of factionalism, deep partisan divisions emerged almost immediately after the Revolution. They discuss the election of 1800, the first hotly contested partisan election in American history, and trace the history of American partisanship to the present day.  
     
    Resources: 


    H.W. Brands, Founding Partisans: Hamilton, Madison, Jefferson, Adams and the Brawling Birth of American Politics (2023) 


    Carol Berkin, A Sovereign People: The Crises of the 1790s and the Birth of American Nationalism (2017) 

    “Genet Affair,” Mount Vernon  


    The Alien and Sedition Acts, NCC Founders’ Library 


    Virginia Resolutions, NCC Founders’ Library 


    Questions or comments about the show? Email us at podcast@constitutioncenter.org.
    Continue today’s conversation on social media @ConstitutionCtr and #WeThePeoplePodcast.
    Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.
    You can find transcripts for each episode on the podcast pages in our Media Library. 

    • 1 hr 1 min
    Justice Stephen Breyer on Reading the Constitution

    Justice Stephen Breyer on Reading the Constitution

    On Thursday March 28 at the NCC, Jeffrey Rosen sat down with Justice Stephen Breyer to discuss his new book, Reading the Constitution: Why I Chose Pragmatism, Not Textualism. Justice Breyer deconstructs the textualist philosophy of the current Supreme Court’s majority and makes the case for a better way to interpret the Constitution based on pragmatism.
     
    Resources
    Justice Stephen Breyer, Reading the Constitution: Why I Chose Pragmatism, Not Textualism (2024) 
     
    Questions or comments about the show? Email us at podcast@constitutioncenter.org.  
    Continue today’s conversation on social media @ConstitutionCtr and #WeThePeoplePodcast.
    Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. 
    You can find transcripts for each episode on the podcast pages in our Media Library. 

    • 1 hr 5 min
    Can the Government Pressure Private Companies to Stifle Speech?

    Can the Government Pressure Private Companies to Stifle Speech?

    On March 18, the Supreme Court heard oral arguments in Murthy v. Missouri and NRA v. Vullo—two cases in which government officials allegedly pressured private companies to target disfavored viewpoints. Alex Abdo of the Knight First Amendment Institute and David Greene of the Electronic Frontier Foundation join Jeffrey Rosen to break down both cases. Together they discuss the state action doctrine, explore the line between coercion and persuasion, and interrogate the tension between government speech and private speech. 
     
    Resources: 


    Murthy v. Missouri (oral argument via C-SPAN; transcript) 


    NRA v. Vullo (oral argument via C-SPAN; transcript) 


    Bantam Books, Inc. v. Sullivan (1963) 

    Alex Abdo, Brief in Support of Neither Party, Murthy v. Missouri 

    David Greene, Brief in Support of Neither Party, Murthy v. Missouri 

    David Greene and Karen Gullo, “Lawmakers: Ban TikTok to Stop Election Misinformation! Same Lawmakers: Restrict How Government Addresses Election Misinformation!,” EFF (March 15, 2024) 

     

    Questions or comments about the show? Email us at podcast@constitutioncenter.org.  
    Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. 
    Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  
    You can find transcripts for each episode on the podcast pages in our Media Library. 

    • 53 min
    Democracy, Populism, and the Tyranny of the Minority

    Democracy, Populism, and the Tyranny of the Minority

    Three political scientists join Jeffrey Rosen to discuss democratic instability, backsliding, and demagogues from a historical and global perspective. Guests included Harvard’s Steven Levitsky, author of Tyranny of the Minority: Why American Democracy Reached the Breaking Point, the University of Texas-Austin’s Kurt Weyland, author of Democracy’s Resilience to Populism’s Threat, and Princeton University’s Frances Lee. This program originally aired on November 27, 2023.

    Resources: 


    Steven Levitsky and Daniel Ziblatt, Tyranny of the Minority: Why American Democracy Reached the Breaking Point 


    Frances Lee, “Populism and the American Party System: Opportunities and Constraints” 


    Kurt Weyland, Democracy’s Resilience to Populism's Threat: Countering Global Alarmism 


    Steven Levitsky and Daniel Ziblatt, How Democracies Die 

     
    Questions or comments about the show? Email us at podcast@constitutioncenter.org.   
    Continue today’s conversation on social media @ConstitutionCtr and #WeThePeoplePodcast.
    Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  
    You can find transcripts for each episode on the podcast pages in our Media Library. 

    • 1 hr 2 min
    The Supreme Court Says States Can’t Keep Trump Off the Ballot

    The Supreme Court Says States Can’t Keep Trump Off the Ballot

    On Monday March 4th, the Supreme Court reversed Colorado’s decision to remove President Trump from the ballot. The Court unanimously held that individual states cannot bar insurrectionists from holding federal office under Section 3 of the Fourteenth Amendment. Five Justices went further, ruling that Congress alone may enforce Section 3. In this episode, constitutional scholars Mark Graber of the University of Maryland Law School and Michael McConnell of Stanford Law School join Jeffrey Rosen to discuss the Court’s 9-0 decision to avoid a chaotic “patchwork” of state-level ballot eligibility decisions and the 5-4 majority’s view that Section 3 requires Congress to act before an insurrectionist may be disqualified from office.
    Resources:


    Trump v. Anderson (2024)

    Mark Graber, “Trump’s apologists say it doesn’t matter if he’s guilty of insurrection. That’s not true”, The Guardian, (March 5, 2024)

    Mark Graber, The Forgotten Fourteenth Amendment: Punish Treason, Reward Loyalty (2023) 

    Michael McConnell, “Is Donald Trump Disqualified from the Presidency? A Response to Matthew J. Franck”, Public Discourse, (Jan. 18, 2024)


    Prof. Michael McConnell, Responding About the Fourteenth Amendment, “Insurrection,” and Trump, Volokh Conspiracy, (Aug. 2023) 


    Questions or comments about the show? Email us at podcast@constitutioncenter.org.
    Continue today’s conversation on social media @ConstitutionCtr and #WeThePeoplePodcast.
    Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.
    You can find transcripts for each episode on the podcast pages in our Media Library.

    • 55 min

Customer Reviews

4.6 out of 5
995 Ratings

995 Ratings

kat11:27 ,

Will SCOTUS overturn CHEVRON EPISODE

Hi, I am listening to Tim rebut Chris’s point about public accountability. He says that agencies do not allow for accountability to the voters and that is simply not true. Agencies have a very strict administrative rule making process that REQUIRES NOTICE AND COMMENT from the public and only that after that process can the agency begin to write the rules for the legislation. So what is he talking about? There is a process already built in for accountability to the voters. I took an Administrative Law class in grad school and the APA IS SUPER STRICT.

Q: for Tim: Using your logic about the constitutionality of Chevron, do you think judicial review (Marbury v. Madison) should be overturned? This case gave SCOTUS their judicial review power, not the Constitution.

cryptic phrasing ,

Smart, but approachable, view of the law

I am continually amazed by the job Jeffrey Rosen and this podcast do in making contemporary and historical legal issues interesting and educational, even to non-lawyers like me.

writemor ,

Embracing plurality and diversity as a solution

Information dissemination in the 21st century - the nucleus of multiple crises in America. So great to have reasoned and good-humored experts identify problems and propose solutions. Perhaps Mr. Musk will tune in. Ms Smith perpetuates the impulse to recreate Jim Crow laws in a new guise - free speech. Joshua makes a clear and convincing case for the chaos such a ruling in favor of Smith would unleash and the setback for civil rights.

Thank you for celebrating Ned Blackhawk’s monumental book. I have read it and will look for Brenda Child’s book about the boarding schools for native children. Organizations like The National Constitution Center can override the damage some leaders are doing by further truncating the American history curriculum.

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