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National Constitution Center president and CEO Jeffrey Rosen hosts "We The People," a weekly balanced conversation with leading scholars of all viewpoints on contemporary and historical topics about the United States Constitution. Please rate and review our podcasts on iTunes. And visit our Resources page at constitutioncenter.org/podcasts to comment on this podcast, and get extra information about these important debates.

National Constitution Center president and CEO Jeffrey Rosen hosts "We The People," a weekly balanced conversation with leading scholars of all viewpoints on contemporary and historical topics about the United States Constitution. Please rate and review our podcasts on iTunes. And visit our Resources page at constitutioncenter.org/podcasts to comment on this podcast, and get extra information about these important debates.
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Location:

Philadelphia, PA

Networks:

Panoply

Description:

National Constitution Center president and CEO Jeffrey Rosen hosts "We The People," a weekly balanced conversation with leading scholars of all viewpoints on contemporary and historical topics about the United States Constitution. Please rate and review our podcasts on iTunes. And visit our Resources page at constitutioncenter.org/podcasts to comment on this podcast, and get extra information about these important debates.

Language:

English


Episodes

Cohen, Trump, and Campaign Finance Law

12/13/2018
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President Trump’s former lawyer Michael Cohen was sentenced to three years in prison after pleading guilty to several crimes, including illegally making hush money payments to two women alleging affairs with then-candidate Trump. On this episode, campaign finance law experts Rick Hasen, a law professor at UC Irvine and co-editor of Election Law Journal, and Brad Smith, former chair of the FEC and founder of the Institute for Free Speech, debate the campaign finance laws at issue, explore...

Duration:00:36:47

Is the Act Protecting the Special Counsel Unconstitutional?

12/6/2018
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This episode examines the constitutionality of the Special Counsel Independence and Integrity Act – bipartisan legislation that, if passed, would impose regulations on firing a Special Counsel (such as Robert Mueller). Although the bill is stalled for now, legal thinkers continue to offer a range of views on its constitutionality. Joining host Jeffrey Rosen to explore this debate are Josh Geltzer of Georgetown, arguing that the bill is not constitutional, and Eric Posner of University of...

Duration:00:54:11

Is the Act Protecting the Special Counsel Unconstitutional?

12/6/2018
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This episode examines the constitutionality of the Special Counsel Independence and Integrity Act – bipartisan legislation that, if passed, would impose regulations on firing a Special Counsel (such as Robert Mueller). Although the bill is stalled for now, legal thinkers continue to offer a range of views on its constitutionality. Joining host Jeffrey Rosen to explore this debate are Josh Geltzer of Georgetown, arguing that the bill is not constitutional, and Eric Posner of University of...

Duration:00:00:04

LIVE AT AMERICA’S TOWN HALL: Senator Chris Coons (D-DE)

12/6/2018
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On this episode – originally published on our companion podcast, Live at America’s Town Hall – Senator Chris Coons (D-DE) breaks down the recent developments related to The Special Counsel Independence and Integrity Act, which he co-sponsored. (We explored the constitutionality of the act on this week’s episode of We the People.) Sen. Coons also shares his plans to make the Constitution a bigger part of the work of the Senate, and asks, what ever happened to Senate debates? He sits down with...

Duration:00:34:09

The Bladensburg Peace Cross Case

11/29/2018
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This episode explores the Supreme Court case The American Legion v. American Humanist Association, which concerns a lawsuit over the possible demolition of a 40 foot tall cross that is part of a World War I memorial on public property in Maryland. Lawyers representing both sides — Ken Klukowski and Monica Miller — explain the history of the cross at issue, debate whether or not it unconstitutionally promotes Christianity, and forecast the case’s potential impact on how the First Amendment’s...

Duration:00:56:11

Free Speech and Press Cases in the Courts

11/21/2018
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President Trump’s revocation of CNN White House correspondent Jim Acosta’s press pass and the ongoing lawsuit CNN v. Trump have brought issues relating to press freedom and due process under the Constitution back into the news. On this episode, David French, senior writer at National Review and Katie Fallow, senior attorney at the Knight First Amendment Institute at Columbia University, break down the latest developments in the CNN case as well as broader First Amendment issues in the courts...

Duration:00:58:37

The Attorney General, the President, and Congressional Oversight

11/15/2018
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After Attorney General Jeff Sessions resigned at the request of President Trump, the president appointed Sessions’ former chief of staff, Matthew Whitaker, to serve as acting attorney general, and a flurry of questions about the legality, constitutionality, and political repercussions of these developments ensued. Constitutional law scholar Steve Vladeck and political scientist Greg Weiner join host Jeffrey Rosen to think through those questions, including: Is Whitaker’s appointment...

Duration:00:54:49

Does the Constitution Require Birthright Citizenship?

11/8/2018
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President Trump’s declaration that he could revoke birthright citizenship with an executive order has set off a firestorm of controversy among legal scholars. On this episode, Professors Akhil Amar and Edward Erler debate whether or not the 14th Amendment requires birthright citizenship for all, and dive into the disputed history and original meaning of the Constitution’s Citizenship Clause. Jeffrey Rosen moderates as Amar argues that birthright citizenship is constitutionally required,...

Duration:01:04:13

Voting Rights, Election Law, and the Midterms

11/1/2018
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As Americans prepare to head to the polls next week, We the People partnered with Ballotpedia for a rundown of the election law and voting rights issues most relevant to the 2018 midterms. Ballotpedia’s News Editor Sarah Rosier joins election law scholars Franita Tolson and Michael Morley to break down all sides of the legal arguments surrounding voter ID laws, gerrymandering, “signature matching,” the purging of voter rolls, and felon disenfranchisement. Jeffrey Rosen hosts. Learn more...

Duration:00:48:17

Key Congressional Elections in History

10/25/2018
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With the 2018 midterm elections fast approaching, this episode delves into the history of congressional elections, from the Founding to today, answering the questions: What did the Founders expect that Congressional elections would look like? What did they look like throughout the 19th and 20th centuries? How did they lead to the political tribalism of the 21st century? And what can the most consequential congressional elections, the ones that realigned and redefined our nation, tell us...

Duration:00:56:53

Is There a Supreme Court Legitimacy Crisis?

10/18/2018
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In the aftermath of Justice Brett Kavanaugh’s confirmation, debates about the Supreme Court’s legitimacy remain in the public spotlight. Some believe that the Kavanaugh confirmation caused a legitimacy crisis that can only be solved by reform proposals such as court packing and term limits for justices, while others believe the Court has maintained its legitimacy and is still a neutral arbiter of the law. Is the Supreme Court really having a legitimacy crisis? Host Jeffrey Rosen discusses...

Duration:00:58:58

Libel, the Media, and Constitutional Legitimacy

10/11/2018
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Cries of “defamation” came from the White House following the publication of in-depth reporting on President Donald Trump and his finances by The New York Times, but this is not the first time the president has expressed criticism of the press or U.S. libel laws. Adam Liptak of The New York Times and NYU Law Professor Richard Epstein join Jeffrey Rosen to explain what libel is and how laws against libel and slander fit within the First Amendment’s protections of free speech and the free...

Duration:00:46:40

Senators Flake and Coons: The Future of the Senate and the Supreme Court

10/4/2018
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Senators Jeff Flake and Chris Coons join Jeffrey Rosen to discuss their important role in the Kavanaugh confirmation hearings, including their last-minute agreement to pause the nomination to allow for an FBI investigation of the allegations against Judge Brett Kavanaugh. They also share their hopes and fears for the future of the Senate and the Supreme Court, and how political tribalism today threatens the legitimacy of these American institutions. This conversation, recorded live at The...

Duration:00:43:21

Supreme Court Term Preview

9/27/2018
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We take a deep dive into the upcoming Supreme Court term, set to begin Monday, October 1, and explore forthcoming cases that involve everything from double jeopardy and excessive fines to cemeteries and endangered frogs. Host Jeffrey Rosen is joined by Brianne Gorod of the Constitutional Accountability Center and Ilya Shapiro of the Cato Institute, who both filed amicus briefs in many of the cases discussed, and filed jointly in one of this term’s key cases, Gamble v. United States. Learn...

Duration:00:53:30

Should Chevron Be Overturned?

9/20/2018
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This episode, recorded live in New York City at the Federal Bar Association’s 2018 annual convention, features a debate of the following question: “Should Chevron Be Overturned?” The 1984 Supreme Court decision Chevron v. Natural Resources Defense Council established a judicial doctrine of deference to certain administrative agency actions commonly known as “Chevron deference.” As wonky as it may sound, Chevron is implicated in important constitutional debates surrounding the modern...

Duration:00:51:54

Kavanaugh Confirmation Hearings Recap

9/13/2018
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Nina Totenberg and Neal Katyal join host Jeffrey Rosen to unpack Judge Brett Kavanaugh’s confirmation hearings and evaluate his testimony. Totenberg and Katyal recap what we learned about Kavanaugh’s judicial philosophy and his views on everything from the role of precedent to presidential power, and forecast how Kavanaugh, if confirmed, might shape the Supreme Court in years to come. Learn more about your ad choices. Visit megaphone.fm/adchoices

Duration:00:53:01

The History of Supreme Court Confirmation Hearings

9/6/2018
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In the midst of the contentious confirmation hearings of Judge Brett Kavanaugh, we explore the history of Supreme Court confirmation hearings and consider their constitutional implications. How did the Framers envision the Senate’s role in providing “advice and consent,” and how has it evolved over time? Guests: Lori Ringhand – professor at the University of Georgia School of Law and Adam J. White – research fellow at the Hoover Institution. This is the first episode in a two-part series...

Duration:00:57:39

What Constitutes an Impeachable Offense?

8/30/2018
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Last week’s guilty plea from Michael Cohen and the conviction of Paul Manafort prompted widespread debate over whether the president was implicated in criminal acts and if he should be impeached. Alan Dershowitz and Joshua Matz join host Jeffrey Rosen for a spirited debate on when and how the Framers intended for the impeachment power to be used. A transcript of the podcast is linked here. This text may not be in its final form and accuracy may vary, and it may be updated or revised in the...

Duration:00:49:44

Robert Smalls: Escaping Slavery and Fighting Injustice

8/24/2018
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In the midst of the Civil War, Robert Smalls overtook a Confederate boat filled with 17 other enslaved people and steered it to freedom. This extraordinary act was the first of many, as Smalls went on to a groundbreaking career of activism and became one of the first African American men elected to Congress. We examine his remarkable life on this final episode of our special Stories of the Civil War and Reconstruction series. Guests: Kate Masur, associate professor of history at...

Duration:00:55:51

Harriet Scott: The Woman Behind Dred Scott v. Sanford

8/23/2018
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This week, we uncover the life of Harriet Scott, the wife and co-plaintiff of Dred Scott in the infamous case Dred Scott v. Sanford. Although much is known about the case itself – in which the Supreme Court held that African Americans were not citizens of the United States – little attention has been devoted to the people who brought the case before the Court and lived with the devastating consequences. Guests: Martha S. Jones – author and professor at Johns Hopkins University, and Lea...

Duration:00:54:18