We the People

Latest Episodes:

The 2024 Liberty Medal Ceremony Honoring Ken Burns Sep 26, 2024

Show notes

This week, the National Constitution Center held its annual Liberty Medal ceremony honoring America’s storyteller, Ken Burns, for illuminating the nation’s greatest triumphs and tragedies and inspiring all of us to learn about the principles at the heart of the American idea. In this episode, Jeffrey Rosen and Burns’s co-director Sarah Botstein talk about Burns’s life and work, followed by Ken Burns’s inspiring acceptance speech. Burns then sits down with Rosen for a conversation about the American Idea.

Resources:

The National Constitution Center’s 2024 Liberty Medal Ceremony

Stay Connected and Learn More

Questions or comments about the show? Email us at podcast@constitutioncenter.org
Continue the conversation by following us on social media @ConstitutionCtr.
Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate.
Subscribe, rate, and review wherever you listen.
Join us for an upcoming live program or watch recordings on YouTube.
Support our important work.

Donate

A Conversation With Justice Neil Gorsuch on ‘The Human Toll of Too Much Law’ Sep 20, 2024

Show notes

On September 17, 2024, the Honorable Neil M. Gorsuch, associate justice of the U.S. Supreme Court and NCC honorary co-chair, and his co-author and former law clerk Janie Nitze, joined Jeffrey Rosen for an America’s Town Hall program in celebration of Constitution Day 2024 and the release of their latest book, Over Ruled: The Human Toll of Too Much Law.

Resources:

Neil M. Gorsuch and Janie Nitze, Over Ruled: The Human Toll of Too Much Law (2024)
National Constitution Center: Constitution 101 with Khan Academy
National Constitution Center Classroom resources: Federalism
National Constitution Center Classroom resources: Federalism and the Separation of Powers

Stay Connected and Learn More:

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 constitutional news and debate, at bit.ly/constitutionweekly. 
You can find transcripts for each episode on the podcast pages in our Media Library.

Donate

‘The Highest Calling’: A Conversation With David Rubenstein on the American Presidency Sep 13, 2024

Show notes

On September 12, 2024, best-selling author, philanthropist, and National Constitution Center Trustee David Rubenstein joined Jeffrey Rosen at the Center in Philadelphia to discuss his new book, The Highest Calling: Conversations on the American Presidency. The book, which features interviews with presidential historians and living U.S. presidents, chronicles the journeys of the leaders who have defined America. They discuss the duties and responsibilities of the presidency, the triumphs and failures of its officeholders, and the future of the role in the twenty-first century.

Resources:

David Rubenstein, The Highest Calling: Conversations on the American Presidency(2024)

Stay Connected and Learn More:

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 constitutional news and debate, at bit.ly/constitutionweekly. 
You can find transcripts for each episode on the podcast pages in our Media Library.

Donate

The Scientist Turned Spy: André Michaux, Thomas Jefferson, and the Conspiracy of 1793 Sep 05, 2024

Show notes

On September 17, Constitution Day, Patrick Spero—the incoming chief executive officer of the American Philosophical Society’s Library & Museum in Philadelphia—will release his new book, The Scientist Turned Spy: André Michaux, Thomas Jefferson, and the Conspiracy of 1793. It explores the incredible story of an explorer, André Michaux, drawn into a plot orchestrated by the French government to exploit tensions between American settlers and Spanish authorities in the Louisiana region, with the aim of setting up an independent republic. In this episode, Spero joins Jeffrey Rosen to discuss the history of this conspiracy and explore new evidence implicating Thomas Jefferson in the plot, as well as the American Philosophical Society and Jefferson’s role in it.

Resources:

The Scientist Turned Spy: André Michaux, Thomas Jefferson, and the Conspiracy of 1793(2024)

Stay Connected and Learn More:

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 constitutional news and debate, at bit.ly/constitutionweekly. 
You can find transcripts for each episode on the podcast pages in our Media Library.

Donate

Can the Attorney General Appoint a Special Counsel? Aug 29, 2024

Show notes

In July, U.S. District Judge Aileen Cannon dismissed a criminal case charging former President Donald Trump with hoarding classified documents at his home in Mar-a-Lago and obstructing justice. Judge Cannon reasoned that the prosecutor in this case, Special Counsel Jack Smith, was not properly appointed by the Justice Department. Matthew Seligman of Stanford Law School and Josh Blackman of the South Texas College of Law Houston, who argued before Judge Cannon on opposite sides of this issue, join Jeffrey Rosen to debate the legal basis for the special counsel role.

Resources:

United States v. Nixon (1974)
Trump v. United States (2024)
Josh Blackman and Seth Barrett Tillman, Brief of Professor Seth Barrett Tillman and Landmark Legal Foundation as Amici Curiae in Support of Defendant Trump’s Motion to Dismiss the Indictment, United States v. Trump (March 21, 2024)
Matthew Seligman, Motion for Leave to File Brief by Constitutional Lawyers, Former Government Officials, and State Democracy Defenders Action as Amici Curiae in Opposition to Defendant Donald J. Trump’s Motion to Dismiss, United States v. Trump (April 3, 2024)
Judge Aileen Cannon, Order Granting Motion to Dismiss Superseding Indictment Based on Appointments Clause Violation, United States v. Trump (July 15, 2024)
Jack Smith, Brief for the United States, United States v. Trump, Eleventh Circuit Court of Appeals (August 26, 2024)

Stay Connected and Learn More:

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 constitutional news and debate, at bit.ly/constitutionweekly. 
You can find transcripts for each episode on the podcast pages in our Media Library.

Donate

The State of the American Idea Aug 22, 2024

Show notes

Charles Cooke of the National Review, Melody Barnes of the University of Virginia, and Sean Wilentz of Princeton University explore the debate about the core values of the American Idea—liberty, equality, democracy, and federalism—throughout American history and model the way in which Americans of different perspectives can come together in the spirit of civil dialogue. This program was recorded live on February 9, 2024.

Resources:

Sean Wilentz, The Rise of American Democracy: Jefferson to Lincoln (2008)
Sean Wilentz, The Politicians and the Egalitarians: The Hidden History of American Politics (2016)
Charles Cooke, The Conservatarian Manifesto: Libertarians, Conservatives, and the Fight for the Right’s Future
Charles Cooke, “The American System Works, and It Will Work If Trump Wins Again” (2023)
Melody Barnes, Corey D.B. Walker and Thad M. Williamson, “Introduction: can we make American democracy work?” In Community Wealth Building and the Reconstruction of American Democracy (2020)
Melody Barnes (and others), “Hate-fueled violence is ripping apart our cities and nation. We need to stop it.,” USA Today (2022)
Melody Barnes and Caroline Janney, “Opinion: In a civil war, accountability must precede healing,” The Washington Post (2021)
Melody Barnes, “Opinion: It’s time for Sally Hemings to show us the unvarnished Thomas Jefferson,” The Washington Post (2018)

Stay Connected and Learn More:

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 constitutional news and debate, at bit.ly/constitutionweekly. 
You can find transcripts for each episode on the podcast pages in our Media Library.

Donate

The History of Illiberalism in America Aug 16, 2024

Show notes

Steven Hahn, author of Illiberal America: A History, and Manisha Sinha, author of The Rise and Fall of the Second American Republic: Reconstruction, 1860–1920, join Thomas Donnelly to explore the history of illiberalism in America and to assess illiberal threats facing our democracy today.

Resources:

Steven Hahn, Illiberal America: A History (2024)
Manisha Sinha, The Rise and Fall of the Second American Republic: Reconstruction, 1860-1920 (2024)
Abraham Lincoln, “ "Speech to the Young Men’s Lyceum of Springfield” (1838), Founders’ Library
13th Amendment, Interactive Constitution
Fugitive Slave Act of 1850, Founders’ Library
Steven Hahn, The Roots of Southern Populism: Yeoman Farmers and the Transformation of the Georgia Upcountry, 1850-1890 (1985)
Marcia Coyle, “The U.S. Supreme Court Cases Built on a ‘Rotten Foundation’,” Constitution Daily (May 2022)

Stay Connected and Learn More:

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 constitutional news and debate, at bit.ly/constitutionweekly. 
You can find transcripts for each episode on the podcast pages in our Media Library.

Donate

The Constitutional Legacy of Watergate  Aug 08, 2024

Show notes

August 8, 2024, marks the 50th anniversary of Richard Nixon’s resignation as president of the United States. His resignation came after the House Judiciary Committee voted recommend Nixon’s impeachment for high crimes and misdemeanors— which would have been the first impeachment since that of Andrew Johnson in 1868. In this episode, historians Garrett Graff, author of Watergate: A New History (2022), and Robert Doar, president of AEI, join Jeffrey Rosen to discuss Nixon’s resignation and its enduring legal legacy.

Resources:

Garrett Graff, Watergate: A New History (2022)
Garrett Graff, “A Vice President’s Life Can Change in a Flash. Nothing is the Same After,” Washington Post (July 23, 2024)
Robert Doar, “Five Lessons from the Nixon Impeachment Inquiry,” AEI Blog (Oct. 3, 2019)
Robert Doar, Opening Remarks, “The Impeachment of Richard Nixon: Reflections on the 50th Anniversary,” AEI (July 25, 2024)
New York Times Co. v. United States (The Pentagon Papers Case) (1971)
United States v. Nixon (The Tapes Case) (1974)

Stay Connected and Learn More:

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 constitutional news and debate, at bit.ly/constitutionweekly. 
You can find transcripts for each episode on the podcast pages in our Media Library.

Donate

President Biden’s Proposed Supreme Court Reforms Aug 02, 2024

Show notes

This week, President Joe Biden announced a three-fold plan to reform the Supreme Court. The proposal includes a constitutional amendment that no former president is immune from prosecution for crimes committed in office, 18-year Supreme Court term limits, and a binding code of conduct for Supreme Court Justices. In this episode, constitutional historians Keith Whittington of Yale Law School and Anthony Michael Kreis of Georgia State University and author of the new book Rot and Revival: The History of Constitutional Law in Political Development, join Jeffrey Rosen to discuss the mechanics and merits of President Biden’s proposed court reforms and delve into the relationship between politics and the judiciary from the founding until today.

Resources:

President Joe Biden, “My plan to reform the Supreme Court and ensure no president is above the law,” The Washington Post (July 29, 2024)
Presidential Commission on SCOTUS
Anthony Michael Kreis, Rot and Revival: The History of Constitutional Law in Political Development (2024)
Keith Whittington, Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present (2019)
Keith Whittington, Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History(2007)
“Can Congress enact Supreme Court term limits without a constitutional amendment?,” Constitution Daily (July 2024)

Stay Connected and Learn More:

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 constitutional news and debate, at bit.ly/constitutionweekly. 
You can find transcripts for each episode on the podcast pages in our Media Library.

Donate

The Evolution of Originalism Jul 25, 2024

Show notes

Georgetown Law Professor Randy Barnett is the author of A Life for Liberty: The Making of an American Originalist, a new memoir about his remarkable legal career. He joins Jeffrey Rosen to discuss his role in the evolution of originalism from a philosophy of judicial restraint to one of constitutional conservatism dedicated to restoring “the lost Constitution.”

Resources:

Randy Barnett, A Life for Liberty: The Making of an American Originalist(2024)
Randy Barnett, Restoring the Lost Constitution: The Presumption of Liberty (2014)
Randy Barnett, “Two Conceptions of the Ninth Amendment,” (1989) 
Ronald Dworkin, Taking Rights Seriously(1978)
Antonin Scalia, “Originalism: The Lesser Evil,” (1989) 
National Federation of Independent Business v. Sebelius (2012)
“Originalism: A Matter of Interpretation,” NCC America’s Town Hall Program (2022)

Stay Connected and Learn More:

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 constitutional news and debate, at bit.ly/constitutionweekly. 
You can find transcripts for each episode on the podcast pages in our Media Library.

Donate