We The People

Last week the Supreme Court announced that it adopted a formal code of ethics, endorsed by all nine Justices. In this episode, Professor Daniel Epps of Washington University School of Law and Professor Stephen Vladeck of the University of Texas School of Law join Jeffrey Rosen to break down the Supreme Court ethics code and explore questions about how it will be applied and enforced.  Resources:   Supreme Court of the United States, Statement of the Court Regarding the Code of Conduct, Nov. 13, 2023  Daniel Epps and Will Baude, “Easy Win,” Divided Argument (podcast)   Steve Vladeck, “One and a Half Cheers for the Supreme Court,” One First substack, Nov. 16, 2023.  Steve Vladeck, “Opinion: The Supreme Court code of conduct misses this big thing,” CNN, Nov. 14, 2023   Steve Vladeck, “An Article III Inspector-General,” One First substack, Oct. 19, 2023.  Epps, Daniel and Trammell, Alan M., “The False Promise of Jurisdiction Stripping” (March 8, 2023). Columbia Law Review, Forthcoming.     Questions

Historians Ned Blackhawk and Brenda Child join for a conversation on Blackhawk’s national bestseller, The Rediscovery of America: Native Peoples and the Unmaking of U.S. History, which just won the National Book Award. They explore five centuries of U.S. history to shed light on the central role Indigenous peoples have played in shaping our nation’s narrative. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was streamed live on November 1, 2023.  Resources:   Ned Blackhawk, The Rediscovery of America: Native Peoples and the Unmaking of U.S. History    Brenda Child, Away From Home: American Indian Boarding School Experiences, 1879-2000  Brenda Child, Boarding School Seasons: American Indian Families, 1900-1940  Claudio Saunt, Unworthy Republic: The Dispossession of Native Americans and the Road to Indian Territory  Jeffrey Ostler, Surviving Genocide: Native Nations and the United States from the American Revolution to Bleeding Kansas  Eric Foner, The Se

This week, the Supreme Court heard oral arguments in a Second Amendment case, United States v. Rahimi. This case asks whether the federal government can ban guns for people subject to domestic-violence restraining orders. In this episode, we break down the arguments in the case and explore the future of the Second Amendment. Clark Neily of the Cato Institute and Pepperdine Law Professor Jacob Charles join Jeffrey Rosen, president and CEO of the National Constitution Center, to discuss.     Resources: United States v. Rahimi, Oral Argument (C-SPAN)  NY State Pistol and Rifle Assn. v Bruen (2021)  Judge Kavanaugh dissent, D.C. v. Heller (D.C. Cir. 2011)  Clark Neily, Brief in Support of Respondent, United States v. Rahimi   Jacob Charles (et al), Brief of Second Amendment Scholars in Support of Petitioner, United States v. Rahimi     Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign u

This week, the Supreme Court heard oral arguments in two cases about social media and the First Amendment. The cases involve questions surrounding when and whether a public official’s social media activity constitutes state action subject to First Amendment constraints—and if so, whether they can block individuals from their social media pages. In this episode, David Cole of the ACLU and Professor Eugene Volokh of UCLA Law join to break down the arguments in both cases, discuss the claims being made, and how the outcomes of the cases could contribute to further defining the scope of speech rights online. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.     Resources:   Lindke v. Freed, Oral Argument (CSPAN)  O'Connor-Ratcliff v. Garnier, Oral Argument (CSPAN)  Eugene Volokh, When Is Government Official's Blocking Commenter from Social Media Page "State Action"?, Volokh Conspiracy (June 2022)  David Cole / Brief of the ACLU et al in support of respondents, O’Connor-Ratcl

This week we are sharing an episode from our companion podcast, Live at the National Constitution Center. In this episode, prize-winning historians Kate Masur, author of Until Justice Be Done: America’s First Civil Rights Movement, from the Revolution to Reconstruction, and Dylan Penningroth, author of the new book Before the Movement: The Hidden History of Black Civil Rights, explore the central role of African Americans in the struggle for justice and equality long before the Civil Rights Movement of the 1950s and 1960s. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.   Resources:  Kate Masur, Until Justice Be Done: America’s First Civil Rights Movement, from the Revolution to Reconstruction (2022)  Dylan Penningroth, Before the Movement: The Hidden History of Black Civil Rights (2023)  Article IV, Section 2: Movement Of Persons Throughout the Union, Privileges and Immunities Clause, National Constitution Center’s Interactive Constitution  14th Amendment Privileges or

This week we are sharing an episode from our companion podcast, Live at the National Constitution Center. In this episode, these three leading experts on American presidents—Sidney Milkis and Barbara Perry of the University of Virginia’s Miller Center, and Stephen Knott of Ashland University—warn about the increasingly demagogic nature of the presidency. Their discussion traces a historical journey, from George Washington, who governed as a neutral and unifying officeholder, to modern presidents—from Teddy Roosevelt to FDR and Woodrow Wilson onward—who fanned populist passions. They also offer solutions for how to restore the Framers’ vision of the constitutional presidency today. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.     Resources:   Stephen Knott, The Lost Soul of the American Presidency: The Decline into Demagoguery and the Prospects for Renewal (2020)  Nicholas Jacobs and Sidney Milkis, What Happened to the Vital Center?: Presidentialism, Populist Revolt, and t

In its most recent round of redistricting, the South Carolina legislature changed the demographic of a congressional district, resulting in a number of Black voters being moved to a different district. Challengers argued that the state violated the 14th Amendment by unlawfully racially gerrymandering the district; while lawmakers countered that political, not racial, factors motivated the redistricting. Election law experts Rick Hasen of UCLA Law and Jason Torchinsky of the Holtzman Vogel law firm, join National Constitution Center President and CEO Jeffrey Rosen to break down this week’s oral arguments in the case, discuss the claims being made, and how the Court might evaluate them.  Resources: Alexander v. South Carolina NAACP (oral argument audio / transcript) Brief of Amicus Curae Nancy Mace, et al, in support of appellants (Jason Torchinsky, counsel of record) Brief of Amicus Curae the National Republican Redistricting Trust in support of appellants (Holtzman Vogel, counsel of record)  “The

On Tuesday, October 3, the Supreme Court heard oral arguments in Consumer Financial Protection Bureau v. Community Financial Services Association of America. Industry groups representing payday lenders brought a challenge arguing that the CFPB funding structure is unconstitutional under the Appropriations Clause. The outcome of the case could have big effects not just on the future of the CFPB itself, but on the economy, markets, and the future of the administrative state. In this episode, two leading constitutional law scholars and Supreme Court experts—Brianne Gorod of the Constitutional Accountability Center, and Professor Jennifer Mascott of the Antonin Scalia Law School— join Center President and CEO Jeffrey Rosen to recap the oral arguments in the CFPB case, what questions or issues the justices were the most focused on, and predict how the Court might rule.     Resources:  CFPB v. CFSAA (oral argument transcript)  Brianne Gorod/Constitutional Accountability Center, Amicus Brief in support of petiti

On Monday, October 2, 2023, the U.S. Supreme Court will begin hearing cases for the 2023-24 term. It is likely to be yet another landmark term for the Court, with cases on the docket about the scope of the right to bear arms; whether Chevron will be overturned; the future of the Consumer Financial Protection Bureau; the First Amendment and social media; and more. Adam Liptak of The New York Times and Sarah Isgur, host of Advisory Opinions, join host Jeffrey Rosen, to preview the term, discuss the major cases and how the Court might rule.    Resources:  United States v. Rahimi, SCOTUSblog Loper Bright Enterprises v. Raimondo, SCOTUSblog CFPB v. Consumer Financial Services Association, SCOTUSblog Lindke v. Freed and O’Conner-Radcliffe v Garnier, SCOTUSblog PruneYard Shopping Ctr v. Robins (1980) Murthy v. Missouri, SCOTUSBlog Sarah Isgur and David French, The Problem With “History and Tradition,” Advisory Opinions podcast (Feb. 2023) Sarah Isgur and David French, The Gobsmacking Guns Case

How did America’s founders view religious liberty? What does it mean today? And to what does the Constitution require religious exemptions from generally applicable laws? Marci Hamilton, author of God vs. the Gavel: The Perils of Extreme Religious Liberty, and Michael McConnell, co-author of Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience, join for a special Constitution Day discussion to celebrate the opening of the Center’s new First Amendment gallery. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.   Resources:  National Constitution Center’s First Amendment gallery   Marci Hamilton, God vs. the Gavel: The Perils of Extreme Religious Liberty (2014)  Marci Hamilton, “‘Warped history’: How the U.S. supreme court justified gutting gay rights,”  The Guardian (Aug 23, 2023)  “Prof. Michael McConnell (Stanford) on 303 Creative (the Web Site Designer / Same-Sex Wedding Case),” Volokh Conspiracy (Dec. 2022)   Mich

The National Constitution Center, in partnership with a coalition of leading free speech organizations, convened a National First Amendment Summit on September 13, 2023, to discuss the increasing threats to freedom of expression and to celebrate the opening of the Center’s new First Amendment gallery. The third panel of the event, “The First Amendment on Campus and Online,” examined the increasing conflicts involving free speech on campuses and online in an age of social media, artificial intelligence, and other new technologies. Speakers included Will Creeley, legal director at FIRE, the Foundation for Individual Rights and Expression; Jeannie Suk Gersen, professor at Harvard Law School; and Nadine Strossen, emerita professor at New York Law School and former ACLU president. The program was moderated by Jeffrey Rosen, president and CEO of the National Constitution Center.   Resources:  Will Creeley and Geoffrey R. Stone, Restoring Free Speech on Campus, The Washington Post (Sept. 25, 2015)    Jeannie Suk

This summer, the Senate Judiciary Committee approved legislation that would attempt to set ethics rules for the U.S. Supreme Court and a process to enforce them, including rules for transparency around recusals, gifts, and conflicts of interest. The bill, which still requires full Senate approval, is the latest in a series of proposals and attempts to reform or improve the Supreme Court in recent years. In this episode of We the People, we discuss various proposals to reform ethics rules surrounding the Supreme Court; how and whether these proposals could go into effect; and what the enforcement mechanisms could be. Law professors Daniel Hemel of NYU Law and Daniel Epps of Washington University School of Law join host Jeffrey Rosen.     Resources:  S.359 - Supreme Court Ethics, Recusal, and Transparency Act of 2023 (Sen. Whitehouse)  S.325 - Supreme Court Ethics Act (Sen. Murphy)  Daniel Epps and Ganesh Sitaraman, “The Future of Supreme Court Reform” (2021)  Daniel Hemel, “Can Structural Changes Fix the

Two constitutional law scholars—Will Baude and Michael Stokes Paulsen—recently published an in-depth article arguing that President Donald Trump is disqualified for running for reelection under Section 3 of the 14th Amendment. In this episode, law professors Mark Graber and Michael McConnell join host Jeffrey Rosen to discuss what Section 3 means and how it applies to disqualification from office; whether President Trump's actions qualify as engaging in insurrection; whether or not Section 3 is self-executing and who can enforce it, and more.   Resources:  William Baude & Michael Stokes Paulsen, “The Sweep and Force of Section Three” (Aug. 2023)  Mark Graber, “Their Fourteenth Amendment, Section 3 and Ours,” Just Security (Feb 2021)   Mark Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform After the Civil War (2023)  Michael McConnell, Responding About the Fourteenth Amendment, “Insurrection,” and Trump, Volokh Conspiracy (Aug. 2023)    Questions or comments about the s

Described in The Federalist as “the celebrated Montesquieu,” Charles de Montesquieu was cited more often than any other author from 1760-1800. In what ways did his writings and ideas help shape the U.S. Constitution and the structure of American government? William B. Allen of Michigan State University, Thomas Pangle of the University of Texas at Austin, Dennis Rasmussen of Syracuse University, and Diana Schaub of the American Enterprise Institute, discuss the political thought of Montesquieu and his influence on American democracy. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was originally streamed live on July 6, 2023, as part of our America’s Town Hall program series.  Resources:  Montesquieu, The Spirit of the Laws: A Critical Edition, ed. William B. Allen  Dennis Rasmussen, Fears of a Setting Sun: The Disillusionment of America's Founders  Diana Schaub, Erotic Liberalism: Women and Revolution in Montesquieu’s Persian Letters  Diana Schaub, “Monte

Christopher Beem, author of The Seven Democratic Virtues: What You Can Do to Overcome Tribalism and Save Our Democracy; Richard Haass, author of The Bill of Obligations: The Ten Habits of Good Citizens; and Lorraine Pangle, author of Reason and Character: The Moral Foundations of Aristotelian Political Philosophy, discuss the concepts of civic virtue and citizenship in democratic societies. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was originally streamed live on March 30, 2023, as part of our America’s Town Hall series.  This program was made possible through the generous support of Citizen Travelers, the nonpartisan civic engagement initiative of Travelers. Resources: Richard Haass, The Bill of Obligations: The Ten Habits of Good Citizens Christopher Beem, The Seven Democratic Virtues: What You Can Do to Overcome Tribalism and Save Our Democracy Lorraine Pangle, Reason and Character: The Moral Foundations of Aristotelian Political Philosophy Lorraine

Earlier this month, President Trump was indicted in federal court in Washington, D.C. for conspiring to overturn the 2020 presidential elections. Judge J. Michael Luttig joins Jeffrey Rosen for a conversation about the constitutional and historical questions raised by the indictment. Resources:  Jeffrey Rosen, “The Founders Anticipated the Threat of Trump,” Wall Street Journal (Aug. 4, 2023)  “Former federal judge J. Michael Luttig on Jan. 6 indictment and American democracy,” Washington Post (Aug. 9, 2023)  Indictment, United States of America v. Donald Trump, Department of Justice (Aug. 1, 2023)  “How to Prevent Another January 6th,” We the People podcast (June 16, 2022)  “The Mob, the Capitol, and the Constitution” We the People podcast (Jan. 7, 2021)    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 constitutiona

In this episode, a panel of libertarian and conservative scholars—J. Joel Alicea of the Catholic University of America Columbus School of Law, Anastasia Boden of the Cato Institute, and Sherif Girgis of Notre Dame Law School—explore the different strands of originalism as a constitutional methodology. They also explore the Roberts Court’s application of originalism in recent cases, and how originalism intersects with textualism and other interpretive approaches. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was originally streamed live on June 28, 2023.    Additional Resources  Moore v. Harper (2023)  New York State Rifle & Pistol Association Inc. v. Bruen (2023)  Grutter v. Bollinger (2002)  District of Columbia v. Heller (2008)  Bostock v. Clayton County (2020)  Counterman v. Colorado (2023)   J. Joel Alicea, “The Moral Authority of Original Meaning,” Notre Dame Law Review (2022)   Joel Alicea, “Originalism and the Rule of the Dead,” National Aff

David Waldstreicher’s The Odyssey of Phillis Wheatley: A Poet’s Journeys Through American Slavery and Independence offers the fullest account to date of Wheatley’s life and works. Seized in West Africa and forced into slavery as a child, Wheatley became a noted poet at a young age. She is considered the first African American author to publish a book of poetry and had a lasting influence on the Founding generation as well as generations to come. In this episode of We the People, David Waldstreicher of CUNY and Nancy Isenberg of Louisiana State University join Jeffrey Rosen to discuss Wheatley’s life and towering poetic legacy.  Resources: David Waldstreicher, The Odyssey of Phillis Wheatley: A Poet’s Journeys Through American Slavery and Independence (2023) Nancy Isenberg, Sex and Citizenship in Antebellum America (1998) Phillis Wheatley, Letter to Reverend Samuel Occum (1774) Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on Facebo

This past term, the Supreme Court handed down two major decisions about Native American law. In Arizona v. Navajo Nation, the Court ruled 5-4 that a treaty did not require the U.S. Government to take affirmative steps to secure water for the Navajo Nation; and in Haaland v. Brackeen, the Court upheld the Indian Child Welfare Act (ICWA). In this episode, Native American law experts Professor Marcia Zug of the University of South Carolina Law School and Timothy Sandefur of the Goldwater Institute join to help unpack these key Native American law cases. They also dive more deeply into one specific member of the Court—Justice Neil Gorsuch—and his unique stance toward how the Constitution applies to issues relating to Native American tribes—from his dissent in Haaland, to his majority opinion in the McGirt v. Oklahoma case from 2020, and more. Host Jeffrey Rosen moderates.  Resources: Arizona v. Navajo Nation (2023) Haaland v. Brackeen (2023) McGirt v. Oklahoma (2020) Marcia Zug, “ICWA’s Irony”, America

In a 6-3 ruling at the end of the 2022-23 term, the Supreme Court handed down a major First Amendment decision about the intersection of free expression rights and anti-discrimination laws in 303 Creative v. Elenis. The Court held that Colorado could not force a website designer to design a site and create expressive designs that she disagreed with, which included creating a website for same-sex marriages. In this episode, host Jeffrey Rosen is joined by ACLU National Legal Director David Cole and New York Times opinion columnist David French to break down the 303 Creative decision, as well as review the 2022-23 term as a whole, other key decisions from this past year, and where the Court is headed next.   Resources:    303 Creative LLC v. Elenis (2023)   ACLU (David Cole as Counsel of Record), “Brief for Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Colorado in Support of Respondents”, 303 Creative LLC v. Elenis  David Cole, “The Supreme Court Picks its Battles” The