We the People

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MLK's Constitutional Legacy Jan 24, 2019

Show notes

In honor of Martin Luther King Jr. Day, this episode celebrates King’s life and work, his hopeful vision for America, and his fight to pass landmark civil rights laws and realize the promises of the Constitution. Civil rights and constitutional law experts Michael Klarman of Harvard Law and Theodore M. Shaw of UNC Law join guest host Lana Ulrich to explore King’s constitutional legacy.

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

Is the Second Amendment a “Second Class Right”? Jan 17, 2019

Show notes

The Supreme Court has not decided a major Second Amendment case since McDonald v. Chicago in 2010, but the Court may break this silence soon if it decides to grant certiorari in Mance v. Whitaker – a challenge to a law prohibiting interstate handgun sales. In this episode, Cato's Clark Neily, a leading Second Amendment litigator, and Adam Winkler, UCLA Law professor and noted Second Amendment scholar, join host Jeffrey Rosen to discuss Mance and other pending cases and debate whether courts have treated the Second Amendment as a “second class right.”

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

Can the President Declare a National Emergency to Build the Wall? Jan 10, 2019

Show notes

President Trump and congressional Democrats remain at an impasse over a White House proposal to fund the construction of a southern border wall. The president has said that if Congress decides not to appropriate the funds, then he will “probably” declare a national emergency to circumvent Congress and build the wall. On this episode of We the People, we ask: what would happen if the president decided to declare a national emergency and divert military funds to build the wall? What statutes could he rely on? And would such an action be constitutional? Host Jeffrey Rosen and constitutional law experts Mark Tushnet of Harvard Law and Sai Prakash of University of Virginia Law explore the constitutional clauses, cases, and laws at issue in this hotly contested debate, including the Take Care, Appropriations, and Takings Clauses of the Constitution, the Youngstown Sheet & Tube Co. v. Sawyer case, and the National Emergencies Act of 1976 and related statutes.

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

Best of 2018: ‘Madison, the Media, and the Mob’ Live at America’s Town Hall Jan 03, 2019

Show notes

Jeffrey Rosen hosts a live conversation at the National Constitution Center with leading journalists—Jeffrey Goldberg, editor in chief of The Atlantic; Michelle Goldberg, op-ed columnist for The New York Times; and Jonah Goldberg, senior editor of the National Review—discussing what James Madison might think of mainstream media today and the effects of social media on modern democracy and politics. The conversation explores everything from Twitter mobs and the threats posed by growing tribalism to Facebook’s proposed “Supreme Court” and the challenges presented by online content regulation.

This event was presented in partnership with The Atlantic magazine and generously sponsored by the John S. Templeton Foundation as part of the NCC’s Madisonian Constitution for All Initiative.

This episode originally aired on our companion podcast, Live at America’s Town Hall, where you can hear live constitutional conversations held here at the National Constitution Center and across America.

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

Best of 2018: Doris Kearns Goodwin, Live at America’s Town Hall Dec 27, 2018

Show notes

Pulitzer-prize winning historian Doris Kearns Goodwin sits down with host Jeffrey Rosen at the National Constitution Center to discuss her new book, Leadership in Turbulent Times–a culmination of five decades of acclaimed study in presidential history. Goodwin compares the leadership styles of Abraham Lincoln, Theodore Roosevelt, Franklin Roosevelt, and Lyndon Johnson, sharing fascinating anecdotes and lessons from these legendary presidents, and offering hopeful advice about how to apply these lessons to solve some of the toughest constitutional issues of today.

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

2018: A Constitutional Year in Review Dec 20, 2018

Show notes

This episode looks back at the biggest constitutional issues of 2018—from the recent ruling striking down Obamacare, to the Emoluments Clause lawsuits, the census case, the Mueller investigation, and more. Guests Emily Bazelon and Josh Blackman join host Jeffrey Rosen to give updates about where these constitutional questions stand and forecast where they’re headed next year.

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

Cohen, Trump, and Campaign Finance Law Dec 13, 2018

Show notes

President Trump’s former lawyer Michael Cohen was sentenced to three years in prison after pleading guilty to several crimes, including illegally making hush money payments to two women alleging affairs with then-candidate Trump. On this episode, campaign finance law experts Rick Hasen, a law professor at UC Irvine and co-editor of Election Law Journal, and Brad Smith, former chair of the FEC and founder of the Institute for Free Speech, debate the campaign finance laws at issue, explore precedents like the John Edwards case, and consider possible legal liability for President Trump. They also dive into other current election and campaign finance law issues, including the case involving Donald Trump Jr. Jeffrey Rosen hosts.

Is the Act Protecting the Special Counsel Unconstitutional? Dec 06, 2018

Show notes

This episode examines the constitutionality of the Special Counsel Independence and Integrity Act – bipartisan legislation that, if passed, would impose regulations on firing a Special Counsel (such as Robert Mueller). Although the bill is stalled for now, legal thinkers continue to offer a range of views on its constitutionality. Joining host Jeffrey Rosen to explore this debate are Josh Geltzer of Georgetown, arguing that the bill is not constitutional, and Eric Posner of University of Chicago, arguing that it is.

BONUS: Hear Senator Chris Coons (D-DE) – one of the co-sponsors of the act – discuss it with Jeffrey Rosen on a special bonus episode, recorded the same day that Senator Mike Lee (R-UT) voted to stall the bill on the Senate floor.

LIVE AT AMERICA’S TOWN HALL: Senator Chris Coons (D-DE) Dec 06, 2018

Show notes

On this episode – originally published on our companion podcast, Live at America’s Town Hall – Senator Chris Coons (D-DE) breaks down the recent developments related to The Special Counsel Independence and Integrity Act, which he co-sponsored. (We explored the constitutionality of the act on this week’s episode of We the People.) Sen. Coons also shares his plans to make the Constitution a bigger part of the work of the Senate, and asks, what ever happened to Senate debates? He sits down with National Constitution Center President and CEO Jeffrey Rosen (his former Yale Law School classmate!).

The Bladensburg Peace Cross Case Nov 29, 2018

Show notes

This episode explores the Supreme Court case The American Legion v. American Humanist Association, which concerns a lawsuit over the possible demolition of a 40 foot tall cross that is part of a World War I memorial on public property in Maryland. Lawyers representing both sides — Ken Klukowski and Monica Miller — explain the history of the cross at issue, debate whether or not it unconstitutionally promotes Christianity, and forecast the case’s potential impact on how the First Amendment’s Establishment Clause is interpreted. Jeffrey Rosen hosts.

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