We the People - podcast cover

We the People

National Constitution Centerconstitutioncenter.org
A weekly show from the National Constitution Center hosted by Julie Silverbrook and Tom Donnelly where listeners can hear the best arguments on all sides of the constitutional issues at the center of American life.
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Episodes

Are Trump’s Tariffs Lawful?

In this episode, Samuel Estreicher of the NYU School of Law and John Yoo of the UC Berkeley School of Law join to recap the oral arguments from the pair of challenges to President Trump’s tariffs and discuss whether International Emergency Economic Powers Act (IEEPA) authorizes the president to impose extensive tariffs on nearly all goods imported into the United States. Jeffrey Rosen , president and CEO of the National Constitution Center, moderates. Resources Samuel Estreicher et al., “ Brief ...

Nov 07, 202556 min

Alexander Hamilton: Closet Monarchist or Visionary Nationalist?

This episode is a two-part show on Alexander Hamilton. First, in a new episode of the podcast Pursuit: The Founders’ Guide to Happiness , Jeffrey Rosen , historian Stephen Knott , and filmmaker Ken Burns unpack Hamilton’s life and legacy to see what lessons he can teach us about restraint. Then, Jeffrey Rosen and acclaimed historian and biographer Ron Chernow further explore the meteoric rise, inspiring life, and tragic death of Hamilton in a conversation from the NCC’s 2025 Liberty Medal Ceremo...

Oct 30, 20251 hr 10 min

The Pursuit of Liberty: A Conversation with Jeffrey Rosen and Jeffrey Goldberg

Jeffrey Rosen launched his new book, The Pursuit of Liberty: How Hamilton vs. Jefferson Ignited the Lasting Battle Over Power in America, at the National Constitution Center in conversation with Jeffrey Goldberg , editor in chief of The Atlantic . The book explores how the opposing constitutional visions of Thomas Jefferson and Alexander Hamilton have defined the nation since its founding, shaped presidents from Washington to Trump, and continued to drive today’s debates over government power. T...

Oct 23, 20251 hr 7 min

The Dinner Party that Defined America

In this bonus episode, we’re sharing a live conversation with Jeffrey Rosen , Joanne Freeman , George F. Will , and Sean Wilentz exploring Rosen’s new book, which is out this week: The Pursuit of Liberty: How Hamilton vs. Jefferson Ignited the Lasting Battle Over Power in America . Their conversation explores how the opposing constitutional visions of Thomas Jefferson and Alexander Hamilton have defined the nation since its founding and continued to drive today’s debates over the balance between...

Oct 17, 202551 min

Can President Trump Invoke the Insurrection Act Over the Objections of State Governors?

In this episode, William Banks of Syracuse University College of Law and Laura Dickinson of the George Washington Law School join to discuss the history and meaning of the Insurrection Act, which authorizes the president to deploy the U.S. military for domestic law enforcement purposes. Jeffrey Rosen , president and CEO of the National Constitution Center, moderates. Resources Illinois v. Trump (N.D. Illinois, 2025) United States v. Cruikshank (1875) Martin v. Mott (1827) William Banks and Steph...

Oct 16, 202558 min

Do Bans on Conversion Therapy Violate the First Amendment?

In this episode, Stephanie Barclay of the Georgetown University Law Center and Erwin Chemerinsky of the UC Berkeley School of Law join to recap the oral arguments from Chiles v. Salazar and discuss whether Colorado’s ban on conversion therapy violates the First Amendment. Jeffrey Rosen , president and CEO of the National Constitution Center, moderates. Resources United States v. Skrmetti (2025) Mahmoud v. Taylor (2025) NIFLA v. Becerra (2018) Tarasoff v. Regents of the University of California (...

Oct 09, 20251 hr 2 min

What Is the Legacy of the Roberts Court on Its 20th Anniversary?

In this episode, Steve Vladeck of the Georgetown University Law Center and Sarah Isgur of SCOTUSblog join to discuss the legacy of the Roberts Court on its 20th anniversary and preview the important cases in the Supreme Court’s upcoming term, which begins on Monday, October 6. The National Constitution Center’s Griffin Richie guest hosts. Resources Learning Resources Inc. v. Trump Trump v. Slaughter Sarah Isgur and David French, Advisory Opinions Steve Vladeck, “The Roberts Court Turns Twenty ,”...

Oct 02, 20251 hr 1 min

Can Government Officials Pressure Private Companies and Universities to Restrict Speech?

In this episode, Genevieve Lakier of the University of Chicago Law School and Eugene Volokh of the UCLA School of Law join to discuss the recent suspension of Jimmy Kimmel by ABC and the broader history and constitutionality of jawboning, the practice of government officials pressuring private actors to stifle speech. Resources National Rifle Association v. Vullo (2024) Murthy v. Missouri (2024) Bantam Books, Inc. v. Sullivan (1963) Rust v. Sullivan (1991) Genevieve Lakier, “Enforcing the First ...

Sep 26, 20251 hr 4 min

A Conversation with Justice Amy Coney Barrett on ‘Listening to the Law’

On September 17, 2025, the Honorable Amy Coney Barrett , associate justice of the U.S. Supreme Court, joined Jeffrey Rosen for an America’s Town Hall program in celebration of Constitution Day 2025 and the release of her new book, Listening to the Law: Reflections on the Court and the Constitution . Justice Barrett reflects on her journey to the Court and offers a glimpse into her role (and daily life) as a justice, including her deliberative process and approach to constitutional interpretation...

Sep 19, 20251 hr

Introducing Pursuit: The Founders’ Guide to Happiness

In our new podcast, Pursuit: The Founders’ Guide to Happiness, Jeffrey Rosen explores the founders’ lives with the historians who know them best. Plus, filmmaker Ken Burns shares his daily practice of self-reflection. The “pursuit of happiness” is one of the most famous phrases in American history. When America’s founders wrote it in the Declaration of Independence, they intended it to mean happiness through lifelong learning and self-improvement. To start our series, Jeffrey Rosen and Robert P....

Sep 11, 202530 min

Can President Trump Fire Federal Reserve Governor Lisa Cook?

In this episode, Christine Chabot of Marquette University Law School and Michael McConnell of Stanford Law School join to discuss Federal Reserve Governor Lisa Cook’s termination and the broader legal and constitutional issues it raises, such as the constitutionality of the Federal Reserve and the scope of the president’s removal power. Resources Trump v. Wilcox (2025) Collins v. Yellin (2021) Seila Law LLC v. Consumer Financial Protection Bureau (2020) Humphrey’s Executor v. United States (1935...

Sep 04, 20251 hr 6 min

The History and Future of Partisan Gerrymandering in America

In this episode, Bradley Smith of Capital University Law School and Nicholas Stephanopoulos of Harvard Law School join to discuss the history and future of partisan gerrymandering, including the mid-decade redistricting battles of the Gilded Age and the ongoing mid-decade redistricting efforts in Texas and California. Resources Rucho v. Common Cause (2019) Reynolds v. Sims (1964) Nicholas Stephanopoulos, Aligning Election Law (2024) Nicholas Stephanopoulos & Eric McGhee, “Partisan Gerrymande...

Aug 28, 20251 hr 14 min

A Conversation on America’s 250th

In this episode, Sabrina Lynn Motley , director of the Smithsonian Folklife Festival at the Center for Folklife and Cultural Heritage, and Jeffrey Rosen , president and CEO of the National Constitution Center, discuss how their institutions are celebrating America’s 250th birthday. This conversation took place at Chautauqua Institution 2025 Summer Assembly. Resources Jeff Rosen, The Pursuit of Liberty: How Hamilton and Jefferson Ignited the Lasting Battle Over Power in America Chautauqua Institu...

Aug 21, 202558 min

Is Section 2 of the Voting Rights Act Unconstitutional?

In this episode, Bradley Smith of Capital University Law School and Nicholas Stephanopoulos of Harvard Law School join to discuss the history and future of racial gerrymandering, including how the Court’s upcoming decision in Louisiana v. Callais could affect the Voting Rights Act. Resources Louisiana v. Callais (2025) Allen v. Milligan (2023) Shelby County v. Holder (2013) Nicholas Stephanopoulos, Aligning Election Law (2024) Bradley Smith, Unfree Speech: The Folly of Campaign Finance Reform (2...

Aug 14, 20251 hr 5 min

The Oldest Constitutional Question

In this episode, Richard Primus of the University of Michigan Law School and John Harrison of the University of Virginia School of Law join to discuss Primus’s new book The Oldest Constitutional Question: Enumeration and Federal Power , which challenges the prevailing understanding of congressional power and argues that Congress is not limited to its textually enumerated powers. Their conversation traces how this fundamental disagreement has shaped key moments in American constitutional history,...

Aug 07, 20251 hr 1 min

The Past, Present, and Future of Abortion in America

In this episode, Mary Ziegler of the UC Davis School of Law and Stephen Gilles of the Quinnipiac University School of Law join to discuss Ziegler’s new book Personhood: The New Civil War over Reproduction, which explores the history and goals of the anti-abortion movement in the United States. Resources Dobbs v. Jackson Women’s Health Organization (2022) Mary Ziegler, Personhood: The New Civil War over Reproduction (2025) Mary Ziegler, Abortion and Law in America: Roe v. Wade to the Present (202...

Jul 31, 202556 min

W.E.B. Du Bois and His Impact on America

In this episode, Pulitzer Prize-winning historian David Levering Lewis joins to unpack Du Bois’ life, legacy, and enduring impact on American history and discuss his new memoir, The Stained Glass Window . Resources David Levering Lewis, The Stained Glass Window: A Family History as the American Story, 1790–1958 , (2025) David Levering Lewis, W.E.B. Du Bois: A Biography 1868–1963 , (2009) American Historical Association, “ W.E.B. Du Bois (1868–1963): Historian, Sociologist, Editor, Activist, ” Pe...

Jul 24, 202548 min

Can President Trump unilaterally lay off 1,400 Department of Education employees?

In this episode, Derek Black of the University of South Carolina School of Law and Neal McCluskey of the Cato Institute join to discuss this recent emergency docket decision and explore the history of federal involvement in education. Resources McMahon v. New York (2025) Scott Harris with Derek Black, “Trump’s Targeting of Education Department Could Eliminate Dozens of Federal Programs for Millions of Students Nationwide,” Counterpoint (Feb. 10, 2025) Derek Black, “Dangerous Learning: The South’...

Jul 17, 202558 min

Covering the Supreme Court

In this episode, Jess Bravin of The Wall Street Journal , Jan Crawford of CBS News, and Fred Smith Jr. of Stanford Law School join to explore polarization on the Court and the role of the media and the political branches in shaping public perceptions. Resources T rump v. CASA, Inc. (2025) Jess Bravin and Mariah Timms, “Supreme Court Limits Rulings Against Trump on Birthright Citizenship,” The Wall Street Journal (June 27, 2025) Jan Crawford, Supreme Conflict: The Inside Story of the Struggle for...

Jul 10, 202552 min

Supreme Court Term Roundup

On June 27, 2025, the Supreme Court delivered its final decisions of the 2024–25 term. In this episode, Steve Vladeck of the Georgetown University Law Center and Sarah Isgur of SCOTUSblog join to discuss the significant cases from this Supreme Court term. Resources Trump v. CASA, Inc . (2025) Mahmoud v. Taylor (2025) DHS v. DVD (2025) Steve Vladeck, “163: A New Kind of Judicial Supremacy,” One First (June 30, 2025) Advisory Opinions podcast Stay Connected and Learn More Questions or comments abo...

Jul 03, 20251 hr

Unpacking the Supreme Court’s decision in United States v. Skrmetti

On June 18, the Supreme Court upheld a Tennessee law that prohibits medical transitions for transgender minors. In this episode, William Eskridge Jr. of Yale Law School and Christopher Green of The Ohio State University join to debate the decision and to discuss the meaning of the Equal Protection Clause of the 14th Amendment. Resources United States v. Skrmetti (2025) Christopher Green, Brief amicus curiae, United States v. Skrmetti (Oct. 15, 2024) William Eskridge, et al., Brief amici curiae, ...

Jun 26, 20251 hr 7 min

Can President Trump Federalize the California National Guard?

On June 7, President Trump asserted control over California’s National Guard. In this episode, Professor Michael Ramsey of the University of San Diego School of Law and Liza Goitein of the Brennan Center join Jeffrey Rosen to explore the meaning of 10 U.S.C. 12406 and unpack California Governor Gavin Newsom’s lawsuit challenging the legality of President Trump’s actions. Resources Michael Ramsey, “ John Yoo on Presidential Authority to Use the National Guard ,” The Originalism Blog (June 13, 202...

Jun 19, 202558 min

Executive Authority: Presidential Power From America’s Founding to Today

Gillian Metzger of Columbia Law School and Saikrishna Prakash of the University of Virginia School of Law join Jeffrey Rosen to examine the founders’ vision for the presidency, review how presidential power has changed over time, and debate the constitutional questions—including the unitary executive theory—that have shaped the modern presidency. Resources Federalist No. 70 , New York Packet (March 18, 1788) Myers v. United States (1926) Trump v. United States (2024) Saikrishna Prakash, The Livi...

Jun 12, 202558 min

Charles Sumner: Conscience of a Nation

Charles Sumner was an abolitionist senator who helped to write the post-Civil War Constitution and give birth to modern civil rights law. Zaakir Tameez , author of the new biography Charles Sumner: Conscience of a Nation , joins Jeffrey Rosen to discuss Sumner as a moral thinker, political activist, and constitutional visionary. Resources Zaakir Tameez, Charles Sumner: Conscience of a Nation Zaakir Tameez, “ What we can learn from the senator who nearly died for democracy ,” The Washington Post ...

Jun 06, 202559 min

The History of Jews in the American South

In celebration of Jewish American Heritage Month, Richard Kreitner , author of Fear No Pharaoh: American Jews, the Civil War, and the Fight to End Slavery , and Shari Rabin , author of The Jewish South: An American History , join Jeffrey Rosen for a wide-ranging discussion on the Southern Jewish experience from the Revolutionary era to the Civil War. They discuss how American Jews reckoned with religious discrimination and slavery, explore Jewish participation in the Civil War, and remember some...

May 29, 202556 min

Executive Power in the Trump Era

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, 2...

May 23, 202545 min

The Legacy of Justice Souter

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 th...

May 15, 20251 hr 11 min

The Presidential Pardon Power

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 ...

May 08, 20251 hr

Are Religious Charter Schools Constitutional?

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 Philadel...

May 01, 202557 min

The Future of Birthright Citizenship

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 deb...

Apr 24, 20251 hr
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