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We the People

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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.

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Recent Episodes of We the People


The Scientist Turned Spy: André Michaux, Thomas Jefferson, and the Conspiracy of 1793

The Scientist Turned Spy: André Michaux, Thomas Jefferson, and the Conspiracy of 1793

On September 17, Constitution Day, Patrick Spero—the incoming chief executive officer of the American Philosophical Society’s Library & Museum in Philadelphia—will release his new book, The Scientist Turned Spy: André Michaux, Thomas Jefferson, and the Conspiracy of 1793. It explores the incredible story of an explorer, André Michaux, drawn into a plot orchestrated by the French government to exploit tensions between American settlers and Spanish authorities in the Louisiana region, with the aim of setting up an independent republic. In this episode, Spero joins Jeffrey Rosen to discuss the history of this conspiracy and explore new evidence implicating Thomas Jefferso...

Episode 5 September 2024 48m and 46s


Can the Attorney General Appoint a Special Counsel?

Can the Attorney General Appoint a Special Counsel?

In July, U.S. District Judge Aileen Cannon dismissed a criminal case charging former President Donald Trump with hoarding classified documents at his home in Mar-a-Lago and obstructing justice. Judge Cannon reasoned that the prosecutor in this case, Special Counsel Jack Smith, was not properly appointed by the Justice Department. Matthew Seligman of Stanford Law School and Josh Blackman of the South Texas College of Law Houston, who argued before Judge Cannon on opposite sides of this issue, join Jeffrey Rosen to debate the legal basis for the special counsel role.



...

Episode 29 August 2024 55m and 17s


The State of the American Idea

The State of the American Idea

Charles Cooke of the National Review, Melody Barnes of the University of Virginia, and Sean Wilentz of Princeton University explore the debate about the core values of the American Idea—liberty, equality, democracy, and federalism—throughout American history and model the way in which Americans of different perspectives can come together in the spirit of civil dialogue. This program was recorded live on February 9, 2024. 

 

Resources: 

Sean Wilentz, The Rise of American Democracy: Jefferson to Lincoln (2008)  Sean Wilentz, The Politicians and the Egalitarians: The Hidden History of American Politics (2016)  Charles Cooke, The Conservatarian Manifesto: Libertarians, Conservat...

Episode 22 August 2024 53m and


The History of Illiberalism in America

The History of Illiberalism in America

Steven Hahn, author of Illiberal America: A History, and Manisha Sinha, author of The Rise and Fall of the Second American Republic: Reconstruction, 1860–1920, join Thomas Donnelly to explore the history of illiberalism in America and to assess illiberal threats facing our democracy today. 

 

Resources: 

Steven Hahn, Illiberal America: A History (2024)  Manisha Sinha, The Rise and Fall of the Second American Republic: Reconstruction, 1860-1920 (2024)  Abraham Lincoln, “ "Speech to the Young Men’s Lyceum of Springfield” (1838), Founders’ Library  13th Amendment, Interactive Constitution  Fugitive Slave Act of 1850, Founders’ Library  Steven Hahn, The Roots of Southern Populism: Yeoman Farmers and the Transfor...

Episode 16 August 2024 1h, 3m and 27s


The Constitutional Legacy of Watergate

The Constitutional Legacy of Watergate

August 8, 2024, marks the 50th anniversary of Richard Nixon’s resignation as president of the United States. His resignation came after the House Judiciary Committee voted recommend Nixon’s impeachment for high crimes and misdemeanors— which would have been the first impeachment since that of Andrew Johnson in 1868. In this episode, historians Garrett Graff, author of Watergate: A New History (2022), and Robert Doar, president of AEI, join Jeffrey Rosen to discuss Nixon’s resignation and its enduring legal legacy.  

 

Resources: 

Garrett Graff, Watergate: A New History (2022)  Garrett Graff, “A Vice President’s Life Can Change in a Flash. Nothi...

Episode 8 August 2024 52m and 21s


President Biden’s Proposed Supreme Court Reforms

President Biden’s Proposed Supreme Court Reforms

This week, President Joe Biden announced a three-fold plan to reform the Supreme Court. The proposal includes a constitutional amendment that no former president is immune from prosecution for crimes committed in office, 18-year Supreme Court term limits, and a binding code of conduct for Supreme Court Justices. In this episode, constitutional historians Keith Whittington of Yale Law School and Anthony Michael Kreis of Georgia State University and author of the new book Rot and Revival: The History of Constitutional Law in Political Development, join Jeffrey Rosen to discuss the mechanics and merits of President Biden’s proposed court re...

Episode 2 August 2024 1h, 5m and 9s


The Evolution of Originalism

The Evolution of Originalism

Georgetown Law Professor Randy Barnett is the author of A Life for Liberty: The Making of an American Originalist, a new memoir about his remarkable legal career. He joins Jeffrey Rosen to discuss his role in the evolution of originalism from a philosophy of judicial restraint to one of constitutional conservatism dedicated to restoring “the lost Constitution.”


Resources:

Randy Barnett, A Life for Liberty: The Making of an American Originalist (2024)  Randy Barnett, Restoring the Lost Constitution: The Presumption of Liberty (2014)  Randy Barnett, “Two Conceptions of the Ninth Amendment,” (1989)   Ronald Dworkin, Taking Rights Seriously (1978)  Antonin Scalia...

Episode 25 July 2024 56m and 10s


Judge David Tatel on Vision: A Memoir of Blindness and Justice

Judge David Tatel on Vision: A Memoir of Blindness and Justice

Judge David Tatel’s new memoir, Vision: A Memoir of Blindness and Justice, recalls his remarkable legal career. In this episode, Judge Tatel joins Jeffrey Rosen to discuss his experience as a civil rights lawyer, landmark cases he presided over as a federal judge, the challenges his blindness posed, and how he overcame them.  

 

Resources: 

Judge David S. Tatel, Vision: A Memoir of Blindness and Justice (2024) 

 


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

  

Continue today’s conversation on Facebook and Twitter usin...

Episode 18 July 2024 1h, 1m and 45s


Presidential Immunity From the Founding to Today

Presidential Immunity From the Founding to Today

On July 1, 2024, the Supreme Court handed down its 6-3 ruling in the landmark case Trump v. United States, finding that the president is entitled to presumptive immunity from prosecution for all official acts, but not for unofficial acts. In this episode, Sai Prakash of the University of Virginia Law School and Michael McConnell of Stanford Law School join Jeffrey Rosen to delve into the Supreme Court’s immunity decision and explore the history of presidential power and immunity from the founding to present day, and whether the Court’s decision comports with the original understanding of the Constitution.  

 

Episode 12 July 2024 53m and 39s


Trump v. United States and the National Security Constitution

Trump v. United States and the National Security Constitution

In this episode, Harold Hongju Koh of Yale Law School, Deborah Pearlstein of Princeton University, and Matthew Waxman of Columbia Law School  join Jeffrey Rosen for a conversation to explore Trump v. United States and the updated edition of Koh’s landmark book, The National Security Constitution in the Twenty-First Century. This program originally streamed live on July 1, 2024 as part of the NCC’s America’s Town Hall program series.   

 

Resources: 

Harold Koh, The National Security Constitution in the Twenty-First Century (2024)  Trump v. United States (2024)  Loper Bright Enterprises v. Raimondo (2024)  United States v. Curtiss-Wright Export Corp. (1936)  Youngstown Shee...

Episode 2 July 2024 1h, 1m and 38s

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