We the People

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Affirmative Action and the 14th Amendment – Part 2 Nov 03, 2022

Show notes

On Monday, October 31, 2022, the Supreme Court heard oral arguments for more than five hours in Students for Fair Admissions v. University of North Carolina, and Students for Fair Admissions v. President and Fellows of Harvard. In this pair of cases, the Supreme Court will assess whether the schools are violating the Equal Protection Clause by using race as a factor in admissions. Ted Shaw of the UNC Center for Civil Rights and David Bernstein of Antonin Scalia Law School at George Mason University join Jeffrey Rosen to recap the arguments in the case—including the specific questions asked by each of the justices; to discuss how the court will rule next year when it decides the cases; and what the ruling might mean for the interpretation of the 14th Amendment and equality and diversity in high education and American society going forward.

· Listen to “Affirmative Action and the 14th Amendment – Part 1”

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You can find transcripts for each episode on the podcast pages in our Media Library.

Affirmative Action and the 14th Amendment – Part 1 Oct 27, 2022

Show notes

On Monday, October 31, 2022, the Supreme Court will hear oral arguments in Students for Fair Admissions v. University of North Carolina, and Students for Fair Admissions v. President and Fellows of Harvard. In this pair of cases, the Supreme Court will assess whether the schools are violating the Equal Protection Clause by using race as a factor in admissions. Ted Shaw of the UNC Center for Civil Rights and David Bernstein of Antonin Scalia Law School at George Mason University join Jeffrey Rosen to examine the text, history, and original understanding of the 14th Amendment and how it relates to affirmative action.

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.

Pork, the Dormant Commerce Clause, and Legislating Morality Oct 21, 2022

Show notes

Last week, the Supreme Court heard oral arguments in National Pork Producers v. Ross. The case is about a 2018 California ballot initiative, in which voters decided that the state should prohibit the in-state sale of pork from animals confined in a manner inconsistent with California standards. Opponents of the amendment argue that it violates dormant Commerce Clause jurisprudence. Today on We the People, Erwin Chemerinsky, dean of Berkeley Law, and Michael McConnell of Stanford Law join host Jeffrey Rosen discuss whether the Interstate Commerce Clause restricts states from regulating in-state conduct that has a substantial impact on mostly out-of-state producers.

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.

Redistricting in Alabama and the Voting Rights Act — Part 2 Oct 13, 2022

Show notes

Last week, the Supreme Court heard oral arguments in Merrill v. Milligan. The Court will determine whether Alabama’s 2021 redistricting plan for its seven seats in the U.S. House of Representatives violates Section 2 of the Voting Rights Act of 1965, which prohibits racially discriminatory voting practices and procedures. Joining host Jeffrey Rosen to discuss whether Section 2 and the 14th and 15th Amendments to the Constitution require or forbids congressional districting plans to account for race are Rick Hasen of UCLA and Jason Torchinsky of Holtzman Vogel.

Listen to “Redistricting in Alabama and the Voting Rights Act – Part 1” here.

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.

Justice Stephen Breyer on the Importance of Civics Education Oct 06, 2022

Show notes

To conclude our week-long celebration of Constitution Day and to celebrate the launch of our Constitution 101 course, Supreme Court Justice Stephen Breyer (ret.) joined Jeffrey Rosen, president and CEO of the NCC, for a private conversation with middle and high school students about the importance of civics education in America. Justice Breyer recently joined Justice Neil Gorsuch as honorary co-chair of the National Constitution Center.

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.

Supreme Court 2022-23 Term Preview Sep 29, 2022

Show notes

After a few months of summer break, the Supreme Court will begin its next term on Monday, October 3. And it could be another historic term. Some of the cases on the docket involve affirmative action, voting rights, free speech and religious liberty, and the Indian Child Welfare Act.

Caroline Fredrickson of Georgetown Law and Adam White of George Mason University Antonin Scalia Law School join host Jeffrey Rosen to discuss the key cases and potential themes, including Justice Ketanji Brown Jackson’s arrival, of this term.

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.

The NCC’s Constitutional Convention Reports: The Proposed Amendments Sep 22, 2022

Show notes

This summer, as a continuation of the National Constitution Center’s Constitution Drafting Project, teams of leading conservative, libertarian, and progressive scholars convened for a virtual constitutional convention. After debating and deliberating together, they drafted and proposed a series of amendments to the Constitution. In this episode, we share the presentation that the team leaders made on Monday, discussing the five amendments they all agreed upon. Caroline Fredrickson, senior fellow at the Brennan Center for Justice represented team progressive, Ilan Wurman, associate professor at the Sandra Day O'Connor College of Law at Arizona State University, represented team conservative, and Ilya Shapiro, senior fellow and director of constitutional studies at the Manhattan Institute, represented team libertarian. Other convention “delegates” included team progressive’s Jamal Greene of Columbia Law School; teamlibertarian’s Christina Mulligan of Brooklyn Law School and Timothy Sandefur of the Goldwater Institute; and team conservative’s Robert George of Princeton University, Michael McConnell of Stanford Law School, and Colleen Sheehan of Arizona State University.

Read the amendments along with introductions by the team leaders here.

This program is presented in conjunction with the National Constitution Center’s Constitution Drafting Project.

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

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Originalism: A Matter of Interpretation Sep 16, 2022

Show notes

September 17 is Constitution Day in the United States, celebrating the day that members of the Constitutional Convention signed the document in Philadelphia in 1787.

As a part of the National Constitution Center’s 2022 celebrations, we hosted a panel live at the NCC in Philadelphia called “Originalism: A Matter of Interpretation.”

Emily Bazelon of The New York Times Magazine, Rich Lowry of the National Review, Steven Mazie of The Economist, and Ilan Wurman of Arizona State University joined host Jeffrey Rosen to discuss whether the Constitution should be interpreted according to its original meaning, and if the Supreme Court is consistent in applying principles of originalism in its decisions.

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

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The Intellectual Inspirations Behind the Constitution Sep 08, 2022

Show notes

We have just launched an exciting project on the NCC’s website: The Founders’ Library. In it, you can read primary texts that span American constitutional history—from the philosophical works that influenced the Founding generation, to the most important speeches, essays, books, pamphlets, petitions, letters, court cases, landmark statutes, and state constitutions that have shaped the American constitutional tradition. To ensure nonpartisan rigor and ideological diversity, we assembled a group of leading scholars from diverse perspectives to help choose the sources included in the document library.

Two of those scholars—Paul Rahe of Hillsdale College and Jonathan Gienapp from Stanford University—join host Jeffrey Rosen today to discuss some of the early texts from the Founders’ Library.

Read Professor Rahe’s picks from the Intellectual Foundations of the American Founding (Before 1750):
Thucydides — Thucydides, The War between the Athenians and the Peloponnesians (ca. 431-400 BC)
Bacon & Hobbes (together) — Francis Bacon, “Selected Excerpts” (1620) and Thomas Hobbes, Leviathan, or the Matter, Forme and Power of a Common Wealth Ecclesiastical and Civil (1651)
James Harrington — James Harrington, The Commonwealth of Oceana (1656)
Locke – religious toleration, right to revolution — John Locke, A Letter Concerning Toleration (1689) and Two Treatises on Government (1690)
Hume & Adam Smith — David Hume, Essays Moral, Political and Literary (1741-58) and Adam Smith, An Inquiry into the Nature and Causes of the Wealth of Nations (1776)
Montesquieu — Montesquieu, The Spirit of the Laws (1748)
Read Professor Gienapp’s picks from the Founding Era (1750-1790):
John Dickinson, Letters from a Farmer in Pennsylvania, to the Inhabitants of the British Colonies (1768)
William Cushing, Instructions to the Jury in the Quock Walker Case, Commonwealth of Massachusetts v. Nathaniel Jennison (1783)
James Iredell, To the Public (1786)
George Mason, Objections to the Constitution of Government formed by the Convention (1787)

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

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Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

The Legality of the Biden Administration’s Student Loan Forgiveness Plan Sep 01, 2022

Show notes

On August 24th, the White House announced a plan to forgive $20,000 in student loan debt for borrowers who received Pell Grants, and $10,000 for other borrowers—all of whom must meet certain income qualifications. The Biden administration says the plan falls under The HEROES Act of 2003. Those in opposition of the plan say it’s presidential overreach, and unfair to those who didn’t go to college or already paid back their loans. Fred Lawrence of the Phi Beta Kappa Society and Charles C. W. Cooke of the National Review join host Jeffrey Rosen to discuss the legal issues on all sides of the loan forgiveness plan.

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.

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