We the People

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.

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.

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.

Join historians Rick Atkinson, an expert on the American Revolution; Mary Beth Norton, who dives into loyalist perspectives; and Rosemarie Zagarri, focusing on women’s political roles. They explore the tensions leading to the Battles of Lexington and Concord, highlighting pivotal events like the Boston Massacre and the Powder Alarm. The conversation also delves into the evolving public sentiments during the revolution and the influence of key figures like Mercy Otis Warren, showcasing how propaganda shaped the revolutionary spirit across the colonies.

Steven Calabresi, a law professor and co-founder of the Federalist Society, joins Samuel Estreicher, a public law expert, to dissect the constitutionality of President Trump's tariffs. They delve into the complexities of executive power, examining historical precedents and legal frameworks like the International Emergency Economic Powers Act. The discussion highlights the critical need for congressional oversight and warns against the dangers of unchecked presidential authority in trade policy, raising pertinent questions about democracy and representation.

In this engaging discussion, J. Michelle Childs, president of the Federal Judges Association, along with Judges M. Margaret McKeown, Beth Bloom, and Stephen R. Bough, delve into the critical importance of judicial independence. They explore threats to the judiciary, the vital role of public trust, and the need for civic education to empower youth. The judges share insights on the historical challenges faced, emphasizing the judiciary’s role in upholding democracy and safeguarding the rule of law while advocating for broadened public understanding of its significance.