We the People

Join legal historian John Q. Barrett, whose work celebrates Robert H. Jackson's legacy, alongside constitutional scholar Gerard Magliocca, known for his insights on Jackson’s Steel Seizure concurrence, and historian G. Edward White, who delves into Jackson's life. They explore Jackson's impact on presidential power, his transformative experiences during the Nuremberg Trials, and the lasting implications of his legal theories. The discussion also touches on Jackson's role in landmark cases like Brown v. Board, illustrating his enduring influence on American jurisprudence.

Pulitzer Prize-winning historian Edward Larson discusses his newest book, Declaring Independence: Why 1776 Still Matters, which traces the idea of American independence in one pivotal year—1776—and its continued significance today. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.   This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on November 24, 2025.   Resources  Ed Larson, Declaring Independence: Why 1776 Matters (2025)  Thomas Paine, Common Sense (1776)  John Adams, Thoughts on Government (1776)  George Mason, First Draft of the Virginia Declaration of Rights (1776)  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  Explore the ⁠America at 250 Civic Toolkit⁠  Explore Pursuit: The Founders’ Guide to Happiness  ⁠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

In this episode, Thomas Berry of the Cato Institute and Jed Shugerman of the Boston University School of Law join the recap the oral arguments from Trump v. Slaughter and debate whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.   Resources  Thomas Berry, Brief of the Cato Institute as Amicus Curiae in Support of Petitioners (10/17/2025)  Jed Shugerman, Brief Amicus Curiae of Professor Jed Handelsman Shugerman in Support of Respondents (11/14/2025)  Jed Shugerman, “The Indecisions of 1789: Inconstant Originalism and Strategic Ambiguity” (2023)  Jane Manners and Lev Menand, “The Three Permissions: Presidential Removal and the Statutory Limits of Agency Independence” (2021)  Marbury v. Madison (1803)  Myers v. United States (1926)  Humphrey’s Executor v. United States (1935)  Morrison v. Olson (1988)  Seila Law LLC v. CFPB (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 Explore the ⁠America at 250 Civic Toolkit⁠ Explore ⁠Pursuit: The Founders’ Guide to Happiness⁠ ⁠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

Gerard Magliocca, a constitutional law scholar, discusses the historical context of constitutional conventions. He is joined by Michael Rappaport, who supports limited conventions to ensure structured amendment processes. Stephen Sachs raises concerns about the constitutionality of such conventions, referencing the 11th Amendment. Sanford Levinson advocates for a new constitutional convention to address urgent governance issues. Together, they explore the complexities and potential reforms surrounding Article V, emphasizing the need for popular sovereignty and clearer amendment processes.

Ken Burns, the acclaimed documentary filmmaker, reflects on the significance of silence in both life and creativity. Princeton professor Robert P. George discusses the founders' views on civic virtue and the importance of self-improvement. Baritone James Martin adds musical flair with performances of 'Silence is Golden' and 'The Pursuit of Happiness.' Together, they explore how silence fosters deep listening, the virtues of lifelong learning, and the responsibility of educating youth in civility, echoing the timeless nature of Franklin's wisdom.

Pulitzer Prize-winning historian Eric Foner dives into the contentious history of free speech and civil liberties in America. He highlights the Alien and Sedition Acts as a cautionary tale for today's challenges. Foner shares personal stories of his family's blacklisting and the lessons on courage this inspired. He discusses the evolving role of the Supreme Court in upholding free speech, the struggles of abolitionists against censorship, and the vital importance of civic engagement in protecting democratic values.

Bestselling biographer Walter Isaacson dives into the meaning of the Declaration's second sentence, revealing how 'we' echoes social contract theory from thinkers like Locke. He discusses Franklin's impactful edit of 'self-evident,' grounded in reason, and tackles the founders' contradictions on equality and slavery. The conversation also branches into whether AI can restore civil discourse and the need for an economy focused on the common good, reflective of Franklin's civic ideals.

In this discussion, Samuel Estreicher, a public law expert from NYU, and John Yoo, an authority on executive power from UC Berkeley, dive into the legality of Trump's tariffs. They analyze whether the International Emergency Economic Powers Act allows such extensive tariffs. The conversation touches on key legal concepts like the major questions doctrine and non-delegation concerns, highlighting the potential for the Supreme Court to strike down these tariffs. Insights into statutory dilemmas and alternative approaches are also shared.

This installment features Stephen Knott, a historian and author, and Ron Chernow, the celebrated biographer behind the musical phenomenon. They dive into Hamilton's complex legacy, exploring whether he was a closet monarchist or a visionary nationalist. Topics include Hamilton’s warnings about demagogues, the contrasts between his and Jefferson's visions for America, and the profound impact of Chernow's biography on modern culture. The discussion also touches on the linguistic style that makes Hamilton’s story ripe for hip-hop adaptation.

Join Jeffrey Rosen, a constitutional expert and author, in a thought-provoking conversation with Jeffrey Goldberg, Editor-in-Chief of The Atlantic. They explore the intense rivalry between Hamilton and Jefferson and its impact on American governance. The duo delves into civic education in the digital age, the role of citizens in sustaining democracy, and how past presidents engaged with foundational texts. They also contemplate modern threats to democracy from social media and discuss whether Hamilton would support today’s executive powers.