June is Pride Month. The first Pride March took place in June 1970, to commemorate the Stonewall Uprising the year prior. Today on We the People , we look back on LGBTQ rights and advocacy throughout American history—from key stories and figures to key court cases interpreting the scope of LGBTQ rights under the Constitution. James Kirchick , author of Secret City: The Hidden History of Gay Washington, and Dale Carpenter , Judge William Hawley Atwell Chair of Constitutional Law at SMU and author...
Jun 24, 2022•1 hr 2 min
As the congressional hearings for the events of January 6, 2021, continue, we’ll hear from The Honorable J. Michael Luttig , formerly of the U.S. Court of Appeals for the Fourth Circuit, as he recounts a story of his historical tweet that contributed to Vice President Mike Pence’s decision to certify the results of the 2020 election, along with his reflections on how to prevent another January 6. He’s then joined by three experts— Ned Foley of The Ohio State University, Sarah Isgur of The Dispat...
Jun 16, 2022•39 min
While the idea of freedom of speech may be closely associated with the American constitutional tradition under the First Amendment today, its origins go back thousands of years, and its ideals have been expressed in civilizations around the world. Joining president and CEO Jeffrey Rosen to discuss that storied history—from Martin Luther’s posting his 95 Theses, to state laws regarding social media—and examine defenses of free speech are Jacob Mchangama , author of Free Speech: A History from Soc...
Jun 09, 2022•59 min
This week, the National Constitution Center and the National Association of Attorneys General hosted a bipartisan conversation with Attorneys General Doug Peterson of Nebraska and Phil Weiser of Colorado exploring the role of state attorneys general, state law, and state police powers under the Constitution in addressing the potential dangers of various social media platforms to public health, privacy, and competition. Jeffrey Rosen , president and CEO of the National Constitution Center, modera...
Jun 03, 2022•57 min
There’s a lot happening in the world of election law. From the Supreme Court’s opinion last week in FEC v. Ted Cruz , to a redistricting case in Alabama, to a North Carolina case dealing with the independent state legislature doctrine-- we’re doing a deep dive with John Fortier , senior fellow at the American Enterprise Institute, and Rick Hasen , professor of law at UC Irvine, to discuss these cases and issues and what they mean for American democracy going forward. Jeffrey Rosen moderates. Que...
May 26, 2022•54 min
Today on We the People, we’re sharing a conversation from a private event hosted by the National Constitution Center this week in Coral Gables, Florida, recorded with permission from the speakers. In it, President and CEO Jeffrey Rosen moderates a conversation with five experts about two of the biggest issues before the Supreme Court this term: abortion and guns. Those five experts are: Melissa Murray of NYU Law, Akhil Amar of Yale Law School, Clark Neily of the Cato Institute, Kimberly Atkins S...
May 19, 2022•38 min
On May 2, Politico published a leaked draft of Justice Samuel Alito’s majority opinion in the pending case Dobbs v. Women’s Health Organization . The draft opinion in Dobbs overrules the precedents Roe v. Wade and Planned Parenthood v. Casey , which hold that women have the constitutional right to seek pre-viability abortions. In this episode, professors Mary Ziegler of UC Davis Law School and O. Carter Snead of Notre Dame Law School join once again to unpack the constitutional reasoning in Just...
May 12, 2022•55 min
On today’s very special episode, we share the exciting events that happened at the National Constitution Center earlier this week. To celebrate the unveiling of the First Amendment tablet—once featured on the facade of the Newseum in Washington, D.C., now at its new home in the Grand Hall Overlook of the National Constitution Center in Philadelphia—free speech defenders Randall Kennedy of Harvard Law School, former ACLU President Nadine Strossen of New York Law School, and Greg Lukianoff of the ...
May 05, 2022•1 hr 26 min
On April 18, a federal judge in Florida struck down the Centers for Disease Control and Prevention’s mask requirement on airplanes, trains, buses, and other public transportation. In a 59-page opinion, Judge Mizelle stated that the CDC had exceeded its legal authority under relevant federal law, including the 1944 Public Health Services Act, and failed to follow administrative procedure rules. The decision further vacated the mask mandate on a nationwide basis. The U.S. Department of Justice pla...
Apr 29, 2022•57 min
Next week, the Supreme Court will hear oral argument in Kennedy v. Bremerton School District . The case is about Joseph Kennedy, a Christian high school football coach in Washington state who regularly prayed before games. Eventually a majority of the players joined in as well, and one player’s parent complained that he felt pressured to pray as well. Kennedy lost his job after refusing to comply with school district’s orders to stop. Nicole Garnett of Notre Dame Law School and Rachel Laser of A...
Apr 21, 2022•55 min
At the end of March, Florida Governor Ron DeSantis signed into law House Bill 1557, also called the “Parental Rights in Education Bill.” Critics of the bill have referred to it as the “Don’t Say Gay” bill. Controversy has surrounded the bill since its inception. President Biden referred to it as “hateful,” but supporters say the bill is limited in scope and has been misinterpreted. Constitutional law experts Joshua Matz of Kaplan Hecker & Fink and Eugene Volokh of UCLA School of Law join hos...
Apr 14, 2022•57 min
As Russia continues to wage war on Ukraine, more horrifying news of its impact on civilians has been exposed, including graphic images of purported war crimes and other atrocities being committed against Ukrainian citizens. Some international leaders have called for tougher sanctions against Russia, and others have expelled Russian diplomats from their countries. But what else can be done? Does international law play a role in ending the conflict and bringing Russia to justice? Can Russian Presi...
Apr 08, 2022•55 min
Last week the Supreme Court handed down two nearly unanimous decisions in cases involving the First Amendment. One was an 8-1 decision written by Chief Justice John Roberts in Ramirez v. Collier , in which the Court sided with a death row inmate who claimed he had the right to have the religious leader of his choice touch him and pray audibly for him in the execution chamber. The other opinion was 9-0 in Houston Community College v. Wilson , where the Court held that a legislative censure issued...
Apr 01, 2022•1 hr
This week, the Senate Judiciary Committee held confirmation hearings for Supreme Court nominee Ketanji Brown Jackson, who is currently a judge on the D.C. Court of Appeals. Questions for Judge Jackson ranged from her judicial philosophy and methodology of constitutional interpretation; to her experience as a public defender and years as a trial court judge; to questions about various constitutional topics, from the First Amendment to the Fourth Amendment and other issues that may come before the...
Mar 25, 2022•57 min
Earlier this month, the U.S. Supreme Court refused to block new congressional maps in North Carolina and Pennsylvania from going into effect. Both states’ maps had been redrawn by state courts, overriding maps that had been enacted by the states’ Republican legislatures. This means that the 2022 congressional elections in both states will proceed using the court-drawn maps. Despite the fact that the U.S. Supreme Court declined to intervene, four of the justices indicated they’re ready to address...
Mar 17, 2022•1 hr 5 min
Russia invaded Ukraine on February 24, 2022, and the two nations have been at war since. This week, two experts in constitutional law and international affairs join us to unpack the causes of this war, what potential implications for the core principles of liberal democracy and constitutionalism might be, and whether international law has any power to stop the fighting. Kim Lane Scheppele , the Laurance S. Rockefeller Professor of Sociology and International Affairs in the Princeton School of Pu...
Mar 11, 2022•55 min
On February 28, the Supreme Court heard oral argument in West Virginia v. Environmental Protection Agency , a case concerning the EPA’s authority to regulate greenhouse gas emissions. The outcome of the case has the potential to deal a significant blow to the federal government’s ability to enact climate regulations. Joining us to examine the arguments on either side is Jonathan Adler , inaugural Johan Verheij Memorial Professor of Law and founding director of the Coleman P. Burke Center for Env...
Mar 04, 2022•1 hr 4 min
In honor of President’s Day, this episode of We the People covers memorable writings and speeches from former presidents that help make up some of the foundational texts and ideas of our nation. In particular, we’ll take a close look at the words of George Washington, John Adams, Thomas Jefferson, and James Madison as they reveal the former presidents’ thoughts the challenges of creating a nation; on the role public opinion plays in governance; on happiness and its pursuit and how that factors i...
Feb 25, 2022•53 min
Last week, the Supreme Court issued an order in a case— Merrill v. Milligan —about voting district maps in Alabama. After the 2020 census, Alabama drew new maps for seven districts, which would determine the seats in the House of Representatives. Of those seven, one district has a majority Black population. A lower court ordered Alabama to redraw the maps so that two districts have majority Black populations, finding that the current plan violated Section 2 of the Voting Rights Act. The Supreme ...
Feb 18, 2022•52 min
The National Constitution Center is launching a multi-year initiative exploring the history and meaning of the First Amendment, anchored by the magnificent 50-ton First Amendment tablet newly installed at the Center overlooking Independence Mall. The giant tablet was previously engraved, fabricated and erected in 2007 at the Newseum in Washington, D.C. After the Newseum closed in 2019, the Freedom Forum donated the tablet to the Center. In conjunction with the initiative, Jeffrey Rosen is joined...
Feb 11, 2022•1 hr
Last week, Justice Stephen G. Breyer announced his decision to retire after 28 years on the U.S. Supreme Court. To reflect on his legacy, both personal and professional, today’s episode is a two-part conversation with guests who have unique insights into Justice Breyer’s life and work. Joining host Jeffrey Rosen for the first part of the conversation are two former law clerks to Justice Breyer. Neal Katyal , who clerked for Justice Breyer from 1996 – 1997, is a partner at Hogan Lovells and the P...
Feb 04, 2022•1 hr 8 min
Earlier this month, President Biden voiced support for getting rid of the filibuster, looking to ease the path of voting rights legislation in Congress. But Senators Joe Manchin and Krysten Sinema opposed the change. The legislation has been stalled, and debate over the filibuster runs high once again. Joining host Jeffrey Rosen to discuss the history, constitutionality, and calls for reform of the filibuster are two of the nation’s leading experts on congressional power and practices. Josh Chaf...
Jan 28, 2022•1 hr 4 min
The nation celebrated Martin Luther King Jr. Day this week, honoring what would have been his 93rd birthday. In this special episode of We the People, we examine King’s thinking about the relationship between the Declaration of Independence and the Constitution, as well as his views on agape and universal love, and more, through a close reading and analysis of some of his most significant speeches and writings. Joining host Jeffrey Rosen are two of the nation’s leading experts on civil rights an...
Jan 20, 2022•1 hr 4 min
The Electoral Count Act of 1887 dictates the congressional procedure for certifying electoral college results in a presidential election. The Act was passed in response to the presidential election of 1876—where Democrat Samuel Tilden won the popular vote, but lost the presidency to Republican Rutherford B. Hayes because of contested results in three states—in an effort to avoid future contested elections But a large bipartisan group of election law scholars and politicians across the political ...
Jan 14, 2022•56 min
On January 7 the Supreme Court will hear oral argument in a set of cases challenging the Biden administration’s Covid vaccine mandates. Under one mandate, employers with more than 100 employees must require those employees to be vaccinated, or be tested for Covid on a weekly basis. Under the other mandate, any health care facility that participates in Medicare or Medicaid must ensure that all their workers are fully vaccinated. Joining host Jeffrey Rosen are two attorneys who filed amicus briefs...
Jan 07, 2022•56 min
How have poets and poetry—from John Milton to Mercy Otis Warren and Phillis Wheatley—influenced the Constitution and America’s core democratic principles? Join Vincent Carretta , editor of the Penguin Classics editions of the Complete Writings of Phillis Wheatley and professor emeritus of English at the University of Maryland, Eileen M. Hunt , full professor of political science at the University of Notre Dame, and Eric Slauter , associate professor and director of the Karla Scherer Center for t...
Dec 30, 2021•54 min
In this episode, we look back on the events of 2021 from a constitutional perspective—from a violent mob storming the Capitol in January, to the inauguration of President Biden, and the convergence of a new Supreme Court with the addition of Justice Amy Coney Barrett; from key Supreme Court cases about religious liberty, voting rights, abortion, and guns, and finally, continuing questions about the scope of individual rights and government power amidst the continuing coronavirus pandemic. As 202...
Dec 23, 2021•1 hr 6 min
Last spring, President Biden issued an executive order to form the Presidential Commission on the Supreme Court of the United States, a bipartisan commission charged with examining proposals for Supreme Court reform. The commission, made up of more than 30 of the nation’s leading legal scholars and experts on the judiciary, submitted a 294-page report to the president last week. Some of the proposals examined in the report include court expansion, term limits, and jurisdiction stripping, as well...
Dec 16, 2021•54 min
This week, the Supreme Court heard oral argument in Carson v. Makin , which centers around the free exercise clause, and public funding for religious education. The issue is whether a state—in this case, Maine, violates the First Amendment by prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious, or “sectarian,” instruction. In Maine, not all school districts have their own public seconda...
Dec 09, 2021•59 min
This week, the Supreme Court heard oral arguments in Dobbs v. Jackson Women’s Health Organization : a case challenging Mississippi’s law that bans abortion after 15 weeks. The issue in the case is whether all pre-viability prohibitions on elective abortions are unconstitutional—and the outcome could challenge the future of Supreme Court precedent on abortion from Roe v. Wade to Planned Parenthood v. Casey . In our last episode, we were joined by two experts to preview the issues in Dobbs. (Be su...
Dec 02, 2021•49 min
