We the People

Jan Crawford, Supreme Court correspondent for CBS News, alongside Jess Bravin from The Wall Street Journal and Fred Smith Jr., Professor of Law at Stanford, dive into the intricate dynamics of the Supreme Court. They discuss the polarization within the Court and the influence of media on public perception. The conversation sheds light on historical and contemporary clashes between judicial authority and presidential power, the implications of landmark decisions, and the evolving relationship between the Court and media, emphasizing the need for balanced reporting.

Steve Vladeck, a law professor and author of The Shadow Docket, teams up with Sarah Isgur, SCOTUSblog editor and legal analyst, to dissect the latest Supreme Court term. They dive into the implications of justices' decisions on executive power and judicial transparency. The pair also highlights recent rulings impacting immigration and birthright citizenship while speculating on the court's future direction. Their insights reveal the powerful dynamics at play within the Court and the ongoing challenges to judicial legitimacy.

On June 18, the Supreme Court upheld a Tennessee law that prohibits medical transitions for transgender minors. In this episode, William Eskridge Jr. of Yale Law School and Christopher Green of The Ohio State University join to debate the decision and to discuss the meaning of the Equal Protection Clause of the 14th Amendment.    Resources United States v. Skrmetti (2025) Christopher Green, Brief amicus curiae, United States v. Skrmetti (Oct. 15, 2024) William Eskridge, et al., Brief amici curiae, United States v. Skrmetti (Sept. 3, 2024) Geduldig v. Aiello (1974)  Bostock v. Clayton County (2020)  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. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠⁠⁠⁠live program⁠⁠⁠⁠ or watch recordings on ⁠⁠⁠⁠YouTube⁠⁠⁠⁠. Support our important work. ⁠⁠⁠⁠Donate

On June 7, President Trump asserted control over California’s National Guard. In this episode, Professor Michael Ramsey of the University of San Diego School of Law and Liza Goitein of the Brennan Center join Jeffrey Rosen to explore the meaning of 10 U.S.C. 12406 and unpack California Governor Gavin Newsom’s lawsuit challenging the legality of President Trump’s actions.    Resources Michael Ramsey, “John Yoo on Presidential Authority to Use the National Guard,” The Originalism Blog (June 13, 2025)  Elizabeth Goitein, “Unpacking Trump’s Order Authorizing Domestic Deployment of the Military,” The Brennan Center (June 10, 2025)  Elizabeth Goitein, “Preventing Use of National Guard to Evade Posse Comitatus Act,” Center for a New American Security (May 20, 2025) Newsom v. Trump, Northern District of California (June 12, 2025) Martin v. Mott (1827) 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. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠⁠⁠live program⁠⁠⁠ or watch recordings on ⁠⁠⁠YouTube⁠⁠⁠. Support our important work. ⁠⁠⁠Donate

Saikrishna Prakash, a law expert from the University of Virginia, and Gillian Metzger, a scholar at Columbia Law School, delve into the evolution of presidential power from the Founding Fathers’ intentions to modern interpretations. They debate the unitary executive theory and its implications for independent agencies. The discussion highlights historical tensions between Congress and the presidency, exploring how recent court rulings, including cases involving Trump, shape contemporary views on executive authority and compliance with legal constraints.

Charles Sumner was an abolitionist senator who helped to write the post-Civil War Constitution and give birth to modern civil rights law. Zaakir Tameez, author of the new biography Charles Sumner: Conscience of a Nation, joins Jeffrey Rosen to discuss Sumner as a moral thinker, political activist, and constitutional visionary.  Resources Zaakir Tameez, Charles Sumner: Conscience of a Nation  Zaakir Tameez, “What we can learn from the senator who nearly died for democracy,” The Washington Post (June 1, 2025)  Richard Kreitner “Charles Sumner Was More Than Just a Guy Who Got Caned on the Senate Floor,” The New York Times (June 2, 2025 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. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠live program⁠ or watch recordings on ⁠YouTube⁠. Support our important work. ⁠Donate

Richard Kreitner, an author and historian focusing on Jewish history and American slavery, and Shari Rabin, a scholar specializing in the Jewish South, offer fascinating insights into the Southern Jewish experience. They discuss Jewish immigration's roots, the struggle for equality, and the roles of notable figures like Judah Benjamin. The conversation highlights Ernestine Rose's advocacy for women's rights and abolition, the rise of anti-Semitism during the Civil War, and the political dynamics in the post-war Jewish community.

Constitutional scholars Ilya Shapiro, Stephen Vladeck, and Adam White delve into the controversial expansion of executive power during the Trump administration. They draw historical comparisons, highlighting concerns over the diminishing role of Congress and the rise of an imperial presidency. The discussion critiques judicial responses to executive actions and examines the current legitimacy crisis facing the judiciary. With reflections on the intricate relationship between the presidency and the courts, the scholars emphasize the need for institutional trust and political self-restraint.

Kevin Newsom, a judge on the U.S. Court of Appeals and former clerk for Justice Souter, and Jeannie Suk Gersen, a Harvard Law professor and Souter's former clerk, share insightful memories about the late Justice David Souter. They discuss his unique writing style, intellectual curiosity, and the impact of his decisions on pivotal cases like Planned Parenthood v. Casey. Retired Justice Stephen Breyer adds to the conversation with personal anecdotes, highlighting Souter's humble nature and significant contribution to American constitutional law.

Brian Kalt, a law professor and author, teams up with Jeffrey Toobin, a legal analyst and seasoned author, to delve into the complexities of presidential pardon power. They discuss the founders’ intentions, exploring the legitimacy of self-pardons and the evolving nature of clemency through American history. Topics include the controversial Nixon pardon, the implications of modern pardons issued by Biden and Trump, and the tension between accountability and presidential immunity, providing a thought-provoking look at the balance of power in governance.