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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. Michael Luttig, “The End of Rule of Law in America,” The Atlantic (May 14, 2025)  Stephen Vladeck, “What the Courts Can Still Do to Constrain Trump,” The Atlantic (April 15, 2025)  Ilya Shapiro, “Don’t Throw My Executive Power in That Briar Patch!,” Shapiro’s Gavel Substack (April 24, 2025)  Adam White, “WTH Is Going On with Birthright Citizenship? Adam White Explains” WTH Is Going On podcast (Jan. 30, 2025)  Stay Connected and Learn More Questions or comments about the show? Email us at ⁠⁠⁠⁠⁠podcast@constitutioncenter.org⁠⁠⁠⁠⁠ Continue the conversa

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.  Resources Jeannie Suk Gersen, “Justice Souter Was the Antithesis of the Present,” The New Yorker (May 15, 2025)  Linda Greenhouse, “David H. Souter, Republican Justice Who Allied With Court’s Liberal Wing, Dies at 85,” The New York Times (May 9, 2025) Planned Parenthood v. Casey (1992)  Bush v. Gore (2000)  Atwater v. City of Lago Vista (2001) Stay Connected and Learn More Questions or comments about the show? Email us at ⁠⁠⁠⁠podcast@constitutioncenter.org⁠⁠⁠⁠ Continue the conversation by following us on social media @ConstitutionCtr. ⁠⁠⁠⁠Sign up⁠⁠⁠⁠

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 series on March 27, 2025.  Resources  Jeffrey Toobin, ⁠The Pardon: The Politics of Presidential Mercy⁠ (2025)  Brian Kalt, ⁠Constitutional Cliffhangers⁠ (2012)  ⁠Nixon Pardon⁠ (Gerald Ford Presidential Library)  ⁠Trump v. United States⁠ (2024)  Alexander Hamilton, ⁠The Federalist No. 74⁠, New York Packet (March 28, 1788)  Abraham Lincoln, “⁠Proclamation 124—Offering Pardon to Deserters⁠” (March 11, 1865)  ⁠United States v. Klein⁠ (1871)  ⁠Ex parte Garland⁠ (1866)  Andrew Glass, “⁠Bush pardons Iran-Contra felons, Dec. 24, 1992⁠,” Politico (Dec. 24, 20

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 religion cases from this term.  Resources:  Fulton v. City of Philadelphia (2021) Carson v. Makin (2022) Michael McConnell and Nathan S. Chapman, Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience (2023) Steven Green et al. Brief of Historians and Legal Scholars as Amici Curiae In Support of Respondent, Oklahoma Statewide Charter School Board v. Drummond   Michael McConnell et al. Brief for Amici Curiae Religious Liberty Scholars In Support of Petitioners, Catholic Charities Bureau v. Wisconsin Labor & Industry

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 the University of Minnesota Law School join Jeffrey Rosen to debate the scope of the citizenship clause of the Fourteenth Amendment.   Resources Gabriel J. Chin and Paul Finkelman, “Birthright Citizenship, Slave Trade Legislation, and the Origins of Federal Immigration Regulation,” UC Davis Law Review (April 8, 2021)  Ilan Wurman, “Jurisdiction and Citizenship,” Minnesota Legal Studies Research Paper No.25-27 (April 14, 2025)  Amanda Frost, “The Coming Assault on Birthright Citizenship,” The Atlantic (Jan. 7 2025)  Kurt Lash, “Prima Facie Citizenship: Birth, Allegiance and the

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 of the American Revolution, the battles themselves, and the colonists’ response to this pivotal moment in history. Resources Rick Atkinson, The British Are Coming: The War for America, Lexington to Princeton, 1775-1777  (2019)  Mary Beth Norton, 1774: The Long Year of Revolution (2020)  Rosemarie Zagarri, Revolutionary Backlash: Women and Politics in the Early American Republic (2008)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr.

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 (April 5, 2025)  Complaint for Injunctive and Declaratory Relief, Emily Ley Paper v. Trump, 3:25-cv-00464 (N.D. Fla., April 3, 2025) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

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; and Judge Stephen R. Bough of the U.S. District Court Western District of Missouri. The judges explore threats to the judicial branch and the importance of judicial independence and civic education in maintaining the rule of law. This program was presented in partnership with the Federal Judges Association.  Resources  Michelle Childs, Justice Jackson Lecture: “The Republic is Safe as Long as the Courts Remain Open” (April 1, 2025)  Code of Conduct for United States Judges  John Roberts, 2024 Year End Report on the Federal Judiciary (December 2024)  Federal Judges Association C

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 26, 2025.  Resources Michael Lewis, ed., Who Is Government? The Untold Story of Public Service (2025) Michael Lewis, “The free‑living bureaucrat,” The Washington Post (March 2025) Michael Lewis, “Directions to a journalistic gold mine,” The Washington Post (Nov. 2024) Michael Lewis, The Premonition: A Pandemic Story (2022) Michael Lewis, The Fifth Risk (2018) CURE ID Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receiv

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 process or speech rights of the deportees.  Resources  Adam Cox and Cristina Rodríguez, The President and Immigration Law (2020)  Ilya Somin, Free to Move: Foot Voting, Migration, and Political Freedom (2021)  Adam Cox and Ahilan Arulanantham, “Explainer on First Amendment and Due Process Issues in Deportation of Pro-Palestinian Student Activist(s),” Just Security (March 12, 2025)  Ilya Somin, “The Case Against Deporting Immigrants for ‘Pro-Terrorist’ Speech,” Volokh Conspiracy (March 10, 2025)  Ilya Somin, “What Just Happened: The “Invasion” Executive Order and Its Dangerous

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 for Declaratory and Injunctive Relief, U.S. District Court for the District of Columbia (March 3, 2025)  Michael McConnell and Laurence Tribe, “Is Musk’s DOGE Dodging the Law?,” Open to Debate (March 7, 2025)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch

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 (2025)  Jonathan Rauch, Cross Purposes: Christianity's Broken Bargain with Democracy (2025)  Julian E. Zelizer, Abraham Joshua Heschel: A Life of Radical Amazement (2021)  Jonathan Rauch, “Christian Renewal and the Future of American Democracy,” Brigham Young University Wheatley Institute (Jan. 24, 2025)  Jeffrey Rosen, The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America (2024)    Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversatio

Jamelle Bouie and David French of The New York Times, Sarah Isgur of The Dispatch, and Melissa Murray of NYU School of Law join Jeffrey Rosen to discuss the relationship between the Roberts Court and the Trump administration. They discuss how the Supreme Court might resolve open legal questions—including impoundment and the unitary executive theory—and debate the Court’s role in maintaining the separation of powers.   This conversation was originally recorded on February 22, 2025, as part of the NCC’s President’s Council Retreat in Miami, Florida.  Resources Melissa Murray (with Leah Litman and Kate Shaw), “Yes, We’re in a Constitutional Crisis” Strict Scrutiny podcast (Feb. 17, 2025)  Jamelle Bouie, Michelle Cottle, David French, and Carlos Lozada, “Opinion: Don’t be Fooled, ‘Trump is a Weak President’” The New York Times (Feb. 14, 2025)  David French, “The Trump Crisis Deepens,” The New York Times (Feb. 6, 2025)  Sarah Isgur and David French, “Lawless or Unwise?” Advisory Opinions podcast (Feb. 14, 202

President Trump’s far-reaching executive actions have given rise to a debate about whether the president is acting within the tradition of presidential power—or whether recent events represent a departure from the constitutional order and precedent. Melody Barnes of the University of Virginia Karsh Institute for Democracy, Charles Cooke of National Review, Joanne Freeman of Yale University, and Yuval Levin of the American Enterprise Institute join Jeffrey Rosen to discuss the American tradition of presidential power and evaluate analogues to our constitutional moment from across U.S. history.  This conversation was originally recorded on February 20, 2025, as part of the NCC’s President’s Council Retreat in Miami, Fla.  Resources Yuval Levin, “A Rule of Thumb for the Executive Power Debates,” National Review Online (February 5, 2025)  Melody Barnes et al., Karsh Institute of Democracy Statement of Principles  Melody Barnes, Corey D. B. Walker and Thad M. Williamson, “Introduction: Can We Make American De

Jeffrey Rosen discusses the 14th Amendment with Sherrilyn Ifill, the head of the 14th Amendment Center for Law & Democracy at Howard Law School and the former president of the NAACP Legal Defense Fund, Pamela Brandwein, author of Rethinking the Judicial Settlement of Reconstruction, and Ilan Wurman, author of The Second Founding: An Introduction to the Fourteenth Amendment. They discuss the historical events that gave rise to the 14th Amendment and debate its original meaning. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on February 10, 2025, in partnership with the Federal Judicial Center.  Resources Ilan Wurman, The Second Founding: An Introduction to the Fourteenth Amendment (2020)  Pamela Brandwein, Rethinking the Judicial Settlement of Reconstruction (2011)  Sherrilyn Ifill, “Why are U.S. courts afraid of the 14th Amendment? Because it’s radical,” The Washington Post (Nov. 23, 2023)  Sherrilyn Ifill, “Yes, this is America: Why I’m Creating th

Since January 20, 2025, President Trump has issued dozens of executive orders, several of which have attracted legal challenges. Steve Vladeck of Georgetown University Law Center and Gary Schmitt of the American Enterprise Institute join Jeffrey Rosen to parse the flurry of executive orders and preview the lawsuits they face. Resources White House Presidential Actions  “Litigation Tracker: Legal Challenges to Trump Administration Actions”, Just Security  Steve Vladeck, “The Impoundment Crisis of 2025”, One First SubStack (Jan. 28, 2025)  Steve Vladeck, “Trump's Guantánamo Memo”, One First Substack (Jan. 30, 2025)  Gary Schmitt, “Presidential Impoundment, Explained”, The Dispatch (Jan. 17, 2025)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and re

New York Times columnist Jamelle Bouie and political scientist Melvin Rogers, author of The Darkened Light of Faith: Race, Democracy, and Freedom in African American Political Thought, explore the ways key African American intellectuals and artists—from David Walker, Frederick Douglass, and W.E.B. Du Bois to Billie Holiday and James Baldwin—reimagined U.S. democracy. Thomas Donnelly, chief scholar at the National Constitution Center, moderates. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on Nov. 14, 2023.  Resources  Melvin Rogers, The Darkened Light of Faith: Race, Democracy, and Freedom in African American Political Thought (2023)  Melvin Rogers, The Undiscovered Dewey: Religion, Morality, and the Ethos of Democracy (2008)  Kate Masur, Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction (2021)  Jamelle Bouie, “How Black Political Thought Shapes My Work”, The New York Times (Feb. 11, 2023)  Davi

Jeffrey Rosen interviews three contributors to the recently published compendium My Fellow Americans: Presidents and Their Inaugural Addresses, Michael Gerhardt, Kate Masur, and Ted Widmer. They reflect on President Trump’s second inaugural speech and discuss inaugural addresses throughout American history. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on Jan. 21, 2025.  Resources:  Yuvraj Singh and Ted Widmer, My Fellow Americans: Presidents and Their Inaugural Addresses (2024)  Martin Van Buren, Inaugural Address (March 4, 1837)  Donald Trump, Second Inaugural Address (Jan. 20, 2025)  Andrew Jackson, First Inaugural Address (March 4, 1829)  Andrew Jackson, Second Inaugural Address (March 4, 1833)  Grover Cleveland, Second Inaugural Address (March 4, 1893)  Abraham Lincoln, First Inaugural Address (March 4, 1861)  Abraham Lincoln, Second Inaugural Address (March 4, 1865)  Franklin D. Roosevelt, First Inaugural Address (March 4, 1933)  John F

The Supreme Court will determine whether a Texas law requiring age verification for adult websites violates the First Amendment. Nadine Strossen of New York Law School and Adam Candeub of Michigan State University join Jeffrey Rosen to preview oral arguments in Free Speech Coalition v. Paxton, examine the text, history, and tradition of the First Amendment, and debate whether the Texas law is constitutional. Resources:  Nadine Strossen, Defending Pornography: Free Speech, Sex, and the Fight for Women's Rights (1995, republished 2024)  Nadine Strossen, Brief of Amici Curiae First Amendment Scholars in Support of Petitioners, Free Speech Coalition v. Paxton   Adam Candeub, Amicus Curiae Brief of Scholars in Support of Respondent, Free Speech Coalition v. Paxton  Adam Candeub, “How the Supreme Court Can Protect Digital Childhood,” Law & Liberty (Jan. 9, 2025)  Free Speech Coalition, Brief for Petitioners, Free Speech Coalition v. Paxton  Attorney General Ken Paxton, Brief for Respondent, Free Speech Coal

In TikTok v. Garland, the Supreme Court will determine whether TikTok—the social media platform used by an estimated 170 million Americans—can continue to operate in the United States under the ownership of a Chinese holding company. Jameel Jaffer of Columbia Law School and Zephyr Teachout of Fordham Law School join Jeffrey Rosen to debate whether the law that forces TikTok to be sold or banned violates the First Amendment.  Resources:  Jameel Jaffer, “Brief of the Knight First Amendment Institute at Columbia University, Free Press, and PEN American Center as Amici Curiae in Support of Petitioners," TikTok v. Garland  Jameel Jaffer, “The Supreme Court Must Intervene in the TikTok Case,” The New York Times (Dec. 10, 2024)  Zephyr Teachout, “Brief of AMICI CURIAE Zephyr Teachout and Joel Thayer in Support of Respondent,” TikTok v. Garland  United States Court of Appeals for the D.C. Circuit, Opinion of the Court, TikTok v. Garland  Arcara v. Cloud Books, Inc. (1986)  Reed v. Town of Gilbert (2015)