
We the People
A weekly show of constitutional debate hosted by National Constitution Center President and CEO Jeffrey Rosen where listeners can hear the best arguments on all sides of the constitutional issues at the center of American life.
Latest episodes

Jun 26, 2025 • 1h 7min
Unpacking the Supreme Court’s decision in United States v. Skrmetti
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)
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Jun 19, 2025 • 58min
Can President Trump Federalize the California National Guard?
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)
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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.
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11 snips
Jun 12, 2025 • 58min
Executive Authority: Presidential Power From America’s Founding to Today
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.

Jun 6, 2025 • 59min
Charles Sumner: Conscience of a Nation
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

5 snips
May 29, 2025 • 56min
The History of Jews in the American South
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.

17 snips
May 23, 2025 • 45min
Executive Power in the Trump Era
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.

May 15, 2025 • 1h 11min
The Legacy of Justice Souter
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.

May 8, 2025 • 60min
The Presidential Pardon Power
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.

10 snips
May 1, 2025 • 57min
Are Religious Charter Schools Constitutional?
Michael McConnell, a Constitutional Law expert from Stanford, and Steven Green, a professor of Law and History, dive into the heated debate on the constitutionality of religious charter schools. They analyze recent Supreme Court arguments and the nuanced meanings of the Free Exercise and Establishment Clauses. The conversation also touches on the historical context regarding funding provisions, the classification of religious charter schools, and the implications for educational choice and religious freedom in public education.

20 snips
Apr 24, 2025 • 1h
The Future of Birthright Citizenship
Kurt Lash, a constitutional law expert advocating for originalism, joins Ilan Wurman, who specializes in administrative law, Gabriel Chin, an authority on immigration policy, and Amanda Frost, a citizenship law scholar. They delve into the constitutional challenges posed by the Trump administration's executive order targeting birthright citizenship. The discussion navigates historical roots, the intentions behind the 14th Amendment, and the implications for equality and legal precedents. They also explore the legal complexities surrounding citizenship for children of undocumented immigrants.