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We The People

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A weekly balanced conversation with leading scholars of all viewpoints on contemporary and historical topics about the United States Constitution.

Current We The People Podcasts
TitlePodcast DescriptionAuthor/ReaderDuration
Can You Be Fired for Being LGTBQ?We explain the arguments on both sides, analyze the Justices' reactions at oral argument, and predict the potential consequences of the cases.National Constitution Center00:54:52
Two Federal JudgesJudges Diane Wood and Jeff Sutton, share how their clerkships affected them and shaped how they interpret the Constitution.National Constitution Center00:55:29
SCOTUS PreviewUpcoming cases: LGBTQ rights, immigration policies, the Second Amendment, school choice, and the free exercise of religion.National Constitution Center00:59:20
Battle for the ConstitutionThe National Constitution Center & The Atlantic have a new web project: a year-long exploration of issues surrounding the Constitution...National Constitution Center01:37:13
Justice Neil Gorsuch, LiveGorsuch and Jeffrey Rosen discuss his passion for civics and civility, the importance of separation of powers, what originalism means to him...National Constitution Center01:02:29
Madison vs. MasonJames Madison and George Mason diverged on some of the biggest debates of the Constitutional Convention. We explore the debates.National Constitution Center00:60:47
Nationwide Injunctions?What are they? When and why are they issued by federal courts? Is the term itself a misnomer? Two experts discuss.National Constitution Center00:49:06
Armed in AmericaA deep dive into the history of the right to bear arms in America; from colonial militias to concealed carry...National Constitution Center01:01:14
The Lincoln-Douglas DebatesIn honor of their anniversary, we explore the clash of constitutional visions that characterized the debates.National Constitution Center01:01:56
Live at America's Town HallJournalist George Will's new book, THE CONSERVATIVE SENSIBILITY. He shares his thoughts on a wide range of topics.National Constitution Center01:03:10
Federalists vs. Anti-FederalistsHow did the visions of the Federalists and Anti-Federalists influence the drafting and ratification of the Constitution?National Constitution Center00:56:10
Twitter-blocking & the First AmendmentThe court held that because Trump uses his Twitter account for official government purposes, it is a public forum and he cannot block people...National Constitution Center00:48:25
The Legacy of Seneca FallsJuly 19 was the anniversary of the first women's rights convention in 1848. We explore how its legacy shaped the Constitution.National Constitution Center01:03:25
Remembering John Paul StevensHe was one of the nation’s oldest, longest-serving, and most-revered justices. He passed away at the age of 99 on Tuesday.National Constitution Center00:46:55
After the Burr/Hamilton Duel?We pick up where the musical HAMILTON left off, and explore what happened to Vice President Burr in the aftermath of the duel.National Constitution Center00:53:36
Supreme Court 2018-19 RecapWe review the 2018-19 Supreme Court term and explore the nature and future of the new Roberts Court and the Chief's newfound role...National Constitution Center00:56:26
The Human Side of JudgingHow do judges manage the personal challenges that their role often requires them to face, including unconscious bias, chronic stress...National Constitution Center01:16:57
Declaration of IndependenceThe influence of the Declaration of Independence on the Constitution and constitutional movements throughout history.National Constitution Center00:55:15
Should Big Tech be Broken Up?Investigations into several leading big tech companies – including Facebook, Google, Apple, and Amazon – began on Tuesday...National Constitution Center01:06:27
Constitution & 2020 ElectionWhat's at stake, for the Constitution and the Supreme Court, in the 2020 election? If Trump appoints more Supreme Court justices?National Constitution Center00:49:10
A Fetal Right to Life?Part 2 of our discussion on abortion and the Constitution. The "fetal personhood" movement - fetal constitutional rights...National Constitution Center00:58:60
Will Roe be Overturned?The increasing number of new laws restricting abortion recently passed in numerous states has some wondering: is Roe v. Wade at risk?National Constitution Center00:48:33
Are we in a Constitutional Crisis?Are recent disputes in our constitutional system normal? Have we been here before? We explore legal precedent set by previous disputes...National Constitution Center01:01:18
Henry Louis Gates, Jr.Professor Gates discusses his PBS series on Reconstruction and 2 books; STONY THE ROAD: RECONSTRUCTION... and a young adult book...National Constitution Center00:45:08
Census Citizenship Question Constitutional?Tom Wolf, Counsel at the Brennan Center for Justice, and John Eastman, Professor at Chapman University School of Law debate the topic.National Constitution Center00:52:59
Mueller Report Constitutional RecapWe shed constitutional light on the Mueller report, focusing on the question of obstruction. What Mueller did and did not conclude...National Constitution Center00:56:54
The Julian Assange IndictmentAssange's capture reignited debate over the question: What's the line between First Amendment-protected journalism and cyber-crime?National Constitution Center00:50:49
Kisor v. Wilkie: A Case to WatchHow did a Vietnam War vets request for disability benefits become a key Supreme Court case, with major implications for the future...National Constitution Center00:54:52
Affordable Care Act FutureTexas v. U.S. held that because of 2017 tax reforms, the ACA became unconstitutional. The House of Representatives is defending it...National Constitution Center00:52:26
End Partisan GerrymanderingScholars debate whether or not the Supreme Court should be involved in examining partisan gerrymandering claims, and discuss what the Constitution says.National Constitution Center00:53:42
Presidential Executive Privilegeany are wondering, what will happen when Robert Mueller's report is completed? We detail the possible scenarios and examine...National Constitution Center00:54:18
Supreme Court: Death PenaltyThe death penalty's past and present. finding points of agreement between death penalty abolitionists and supporters...National Constitution Center00:53:20
Regulation of Campus SpeechTrump has plans to require colleges to support free speech if they want federal dollars. Is that constitutional and other affects.National Constitution Center01:07:58
The Future of Abortion LawsWe explore the key cases making their way up to the Supreme Court. Plus our views on Roe v. Wade, Planned Parenthood v. Casey, and...National Constitution Center01:01:34
Is the Presidency Too Powerful?From the early vision of the presidency, we trace the evolution of its power through Teddy Roosevelt, William Taft, and Woodrow Wilson...National Constitution Center00:60:49
The Tennessee Wine CaseThe Supreme Court case, with history of the 21st Amendment, the Dormant Commerce Clause, & the 14th Amendment's Privileges and Immunities clause.National Constitution Center01:01:08
Equal Rights Amendment Revived?The ER) technically expired in 1982, the ratification deadline set by Congress, but a renewed push to resurrect and ratify...National Constitution Center01:15:44
Football, Faith & 1st AmendmentThe firing of a high school football coach who refused to stop praying on the field after games reached the Supreme Court...National Constitution Center01:03:02
MLK's Constitutional LegacyIn honor of Martin Luther King Jr. Day, this episode celebrates King’s life and work, his hopeful vision for America, and his fight...National Constitution Center00:56:35
The Second AmendmentThe Supreme Court may soon consider a challenge to a law prohibiting interstate handgun sales. Is the Second Amendment a 'second class right?'National Constitution Center01:05:16
Emergency Wall Build?We ask what would happen if Trump declared a national emergency and diverted military funds to build the wall? What statutes could he rely on?National Constitution Center00:58:41
Best of 2018 Part 2James Madison, the Social Media, and Twitter Mobs Live at America's Town Hall.National Constitution Center00:58:53
Best of 2018 Part 1Doris Kearns Goodwin on her new book, 'Leadership in Turbulent Times', a culmination of five decades of presidential history.National Constitution Center01:16:40
2018 Constitutional Year in ReviewThe biggest constitutional issues of 2018 from the ruling striking down Obamacare, to the Emoluments Clause lawsuits...National Constitution Center01:07:11
Cohen, Trump & Campaign Finance LawWe debate the campaign finance laws at issue, explore precedents like the John Edwards case, and consider possible legal liability for Trump.National Constitution Center00:36:42
Special Counsel Independence and Integrity ActThis bipartisan legislation, if passed, would impose regulations on firing a Special Counsel (like Robert Mueller). Is it constitutional?National Constitution Center00:54:06
Senator Chris Coons (D-DE)He breaks down the recent developments related to The Special Counsel Independence and Integrity Act, which he co-sponsored...National Constitution Center00:34:04
The Bladensburg Peace Cross CaseThe American Legion v. American Humanist Association Supreme Court case, about a lawsuit over demolition of a 40 foot cross...National Constitution Center00:59:06
Free Speech and Press CasesTrump's revocation of Jim Acosta's press pass and the ongoing lawsuit bring issues of press freedom and due process into the news.National Constitution Center00:58:32
AG, Pres & Congressional OversightThe flurry of questions about the legality, constitutionality, and political repercussions firing Jeff Sessions...National Constitution Center00:57:44
Required Birthright Citizenship?Does the 14th Amendment require birthright citizenship for all? The disputed history and original meaning of the Citizenship Clause.National Constitution Center01:07:08
Voting Rights, Election Law, MidtermsAs Americans prepare to head to the polls next week, we partnered with Ballotpedia for a rundown of the election law and voting rights issues...National Constitution Center00:51:12
Key Congressional Elections in HistoryWe delve into the history of congressional elections, from the Founding to today, answering several iimportant questions...National Constitution Center00:59:48
Supreme Court Legitimacy Crisis?Some believe that the Kavanaugh confirmation caused a legitimacy crisis that can only be solved by reform proposals such as...National Constitution Center00:60:55
Libel, Media, & Constitutional LegitimacyWe explain what libel is and how laws against libel and slander fit within the First Amendment’s protections of free speech and...National Constitution Center00:49:35
Senate & Supreme Court FutureSenators Flake and Coons discuss their important role in the Kavanaugh confirmation hearings, including their agreement to pause...National Constitution Center00:46:16
Supreme Court Term PreviewWe explore forthcoming cases that involve everything from double jeopardy and excessive fines to cemeteries and endangered frogs.National Constitution Center00:56:25
Should Chevron Be Overturned?Philip Hamburger and Gillian Metzger explain Chevron deference, why it matters, and whether it should be overturned.National Constitution Center00:55:19
Kavanaugh Confirmation HearingsWe unpack Judge Brett Kavanaugh's confirmation hearings and evaluate his testimony: his judicial philosophy and his views...National Constitution Center00:55:32
Supreme Court ConfirmationIn the midst of the contentious confirmation of Judge Kavanaugh, we explore confirmation hearing history...National Constitution Center01:01:04
What's an Impeachable Offense?Alan Dershowitz and Joshua Matz join Jeffrey Rosen for a debate on how the Framers intended impeachment power be used.National Constitution Center00:53:09
Escaping Slavery and Fighting InjusticeIn the Civil War, Robert Smalls captured a Confederate boat filled with enslaved people and steered it to freedom...National Constitution Center00:59:16
Harriet Scott: Dred Scott v. SanfordThe life of Harriet Scott, wife and co-plaintiff of Dred Scott in the infamous case Dred Scott v. Sanford.National Constitution Center00:57:43
Callie House: Reparations Advocate & TrailblazerShe tirelessly traveled the country organizing newly freed African Americans in the quest to right the wrongs of slavery...National Constitution Center00:46:11
John Bingham: Father of the 14th AmendmentJohn Bingham was one of the most influential but least known visionaries of the post-Civil War Constitution.National Constitution Center00:55:31
The life and legacy of Frederick DouglassOne of America's most influential abolitionists, orators, writers, and statesmen grew up as a slave in Maryland...National Constitution Center01:07:21
What is Treason?After his meeting with Russian president Putin, President Trump sparked a new controversy on the definition of treason...National Constitution Center01:12:51
The New Supreme CourtA discussion of the nomination of Brett Kavanaugh, Justice Gorsuch's first year on the Supreme Court, and...National Constitution Center01:07:30
Happy 150th Birthday, 14th AmendmentLeading Civil War and Reconstruction scholars discuss the history and meaning of the 14th Amendment...National Constitution Center01:08:46
The Legacy of Justice Anthony Kennedy3 of Kennedy's former clerks, join us to discuss the Justice's Supreme Court legacy...National Constitution Center01:06:35
The Supreme Court now: Decisions, deciders and what's nextA panel discussion of the Supreme Court's momentous recent term. Same-sex wedding cakes, voting rights, gerrymandering...National Constitution Center00:54:58
The Golden State Killer and Genetic PrivacyUsing genetic data from old crime scene samples... has raised privacy concerns, leading many to wonder what the future for genetic privacy is under the Fourth Amendment...National Constitution Center00:58:02
Self-Pardons, Fourth Amendment, & James MadisonIn this episode, We the People host Jeff Rosen answers constitutional questions that you, our listeners, have been asking.National Constitution Center00:53:10
The Supreme Court's Current TermA discussion some major cases already decided in the Supreme Court's current term and others...National Constitution Center00:54:60
Ken Burns: Telling Constitutional StoriesThe Civil War, Reconstruction, and the legacy of the 14th Amendment according to documentarian Ken Burns...National Constitution Center00:47:12
George Will on Madisonian GovernmentFederalism, the 17th Amendment, and the state of American politics today....National Constitution Center00:56:48
The Iran nuclear deal under TrumpOn May 8, Trump announced the United States would withdraw from the Iranian nuclear deal, calling the deal horrible...National Constitution Center00:53:23
Social Media and Digital DisinformationDoes digital disinformation poses a threat, what is its effect on speech, democracy, and government regulation...National Constitution Center01:28:04
Eric Holder on the 14th Amendment todayFormer Attorney General Holder discusses the importance of the 14th Amendment today...National Constitution Center01:04:51
The Supreme Court Considers The Travel Ban CaseOn Wednesday, April 25, the Supreme Court heard oral arguments in one of the biggest cases of the year...National Constitution Center00:47:34
Facebook and the Future of DemocracyJeffrey Rosen discusses the recent Facebook hearings and the broader impact of social media on free speech and democracy...National Constitution Center01:02:23
Justice Breyer on the First AmendmentJeffrey Rosen and Supreme Court Justice Stephen Breyer discuss the First Amendment, hate speech, the Citizens United...National Constitution Center00:52:38
Trump and the Federal JudiciaryPresident Donald Trump has been nominating judges and having them confirmed at record speed...National Constitution Center00:57:48
Hamilton: Constitutional Clashes That Shaped A NationThe competing ideas of Hamilton and his legendary rivals, Madison, Jefferson, Adams, and Burr...National Constitution Center01:16:58
William Howard Taft And The ConstitutionJeffrey Rosen argues that William Howard Taft was our most judicial president and presidential Chief Justice...National Constitution Center01:30:01
Trump, Tariffs, and TradePresident Trump's protectionist policies are a reversal of mostly free-trade orientated policies of past administrations...National Constitution Center00:52:08
Workplace Discrimination Based On Sexual OrientationCan an employment lawsuit be based on the premise that discrimination based on sexual orientation is a Title VII violation...National Constitution Center00:46:50
The United States v. MicrosoftCan the federal government compel a U.S.-based email provider to turn over its records as part of a criminal investigation...National Constitution Center00:58:19
Mandatory Union Fees And The First AmendmentThe Supreme Court is considering arguments in a case that could have a huge effect on public-section unions...National Constitution Center00:55:20
Conversation With Ruth Bader GinsburgJustice Ginsburg talks about the #MeToo movement, confesses her affection for Millennials, discusses cases...National Constitution Center01:19:37
Jeffrey Rosen Answers Your Constitutional QuestionsWhy is the Ninth Amendment so important to understanding the Constitution? What are the unenumerated rights provided...National Constitution Center00:51:34
History of Impeachment: From Andrew Johnson to TodayWe look at the history of presidential impeachments, the interpretation of the Impeachment Clause, and...National Constitution Center00:54:41
The Constitution in Year One of the Trump AdministrationIn the year since he took office, a variety of novel constitutional issues have arisen, from the interpretation of...National Constitution Center00:45:39
Federalism under President TrumpThe relationship between the federal government and the states is currently at the center of controversies about...National Constitution Center00:51:19
Undocumented Teens And AbortionWe look at the case Hargan v. Garza, a lawsuit filed by the ACLU on behalf of undocumented immigrant that asks...National Constitution Center00:53:11
Gerrymandering and American DemocracyThe Supreme Court might determine the constitutional future of partisan gerrymandering. Scholars and advocates have been...National Constitution Center00:52:27
The Existential Threat Of Big TechWe explore how tech platforms like Facebook, Apple, Amazon, and Google have transformed the way we think and produced...National Constitution Center01:14:01

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