Constitutional scholar Noah Feldman discusses the strength and cracks in the Constitution, its role in unifying the country, and its ability to handle unprecedented challenges. They explore the evolving nature of the Constitution, rules and consequences in elections and free speech, and the delicate balance between free speech and respect. They also touch on claims of Biden as an insurrectionist.
The US Constitution needs constant repair to adapt to the challenges of the 21st century and hold American democracy together.
Free speech in the US Constitution does not grant immunity from consequences and societal expectations can regulate speech in specific contexts.
Deep dives
The Strength and Cracks of the US Constitution
The podcast discusses the power and shortcomings of the US Constitution, emphasizing that conflict is inherent in the document. While the Constitution is meant to hold American democracy together and provide a common ground, there are concerns about its ability to adapt and address the challenges of the 21st century. The analogy of an old bridge that needs constant repair is used to illustrate this point. The episode also highlights the importance of the rule of law, the subordination of the military to civilian power, and the need for ongoing agreements to hold the country together, even in times of deep disagreement.
The Misunderstanding of Free Speech
The podcast explores the misconceptions surrounding free speech in the US Constitution. It is clarified that free speech does not mean immunity from consequences or protection from criticism by non-government actors. The host and guest discuss the distinction between government restrictions on speech and societal expectations or norms that regulate speech in various contexts. Examples are mentioned, such as universities and workplaces, where freedom of expression may be constrained to maintain civility or prevent harassment. The challenge lies in determining the boundaries between protected speech and discriminatory conduct, which requires ongoing dialogue and nuance.
Polarization, The Constitution, and Public Responsibility
The podcast reflects on the impact of polarization on the US Constitution and the public's responsibility in upholding democratic principles. The guest emphasizes that the Constitution is designed to withstand polarized politics as long as violence is avoided and basic rules are followed. Trust in the finality of Supreme Court decisions is crucial to maintain democratic stability. The episode concludes with a call for average Americans to prioritize the country's well-being over personal views and to engage in civil discourse. Recognizing the moral value in respecting differing perspectives is seen as essential in preserving the democratic fabric of the nation.
January 6th, 2021 put our founding document to the test. And constitutional scholar Noah Feldman says, that although we survived our stress test, "our EKG went up and down a lot more than you would like it to do in what is supposed to be a 21st century democracy." What we've learned about the strength of our Constitution--and where its cracks show--ahead of our presidential election this fall.
Plus: Axios' Alex Thompson on the piece of the Trump ballot story many of us may be missing.
Guests: Noah Feldman, Harvard Law professor and constitutional studies scholar, Bloomberg Opinion columnist, and author of the forthcoming book, "To Be a Jew: a New Guide to God, Israel and the Jewish People"; Alex Thompson, Axios national political correspondent.
Credits: 1 big thing is produced by Niala Boodhoo, Alexandra Botti, and Jay Cowit. Music is composed by Alex Sugiura. You can reach us at podcasts@axios.com. You can send questions, comments and story ideas as a text or voice memo to Niala at 202-918-4893.