We the People

In this episode, Richard Primus of the University of Michigan Law School and John Harrison of the University of Virginia School of Law join to discuss Primus’s new book The Oldest Constitutional Question: Enumeration and Federal Power, which challenges the prevailing understanding of congressional power and argues that Congress is not limited to its textually enumerated powers. Their conversation traces how this fundamental disagreement has shaped key moments in American constitutional history, from the Founding Era to the New Deal, and why the debate remains unsettled today.    Resources Richard Primus, The Oldest Constitutional Question: Enumeration and Federal Power (2025)  Richard Primus, “’The Essential Characteristic’: Enumerated Powers and the Bank of the United States,” Michigan Law Review (2018)  John Harrison, “Enumerated Federal Power and the Necessary and Proper Clause (reviewingThe Origins of the Necessary and Proper Clause by Gary Lawson, Geoffrey P. Miller, Robert G. Natelson, Guy I. Seidman),” The University of Chicago Law Review (2011)  McCulloch v. Maryland (1819)  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

In this episode, Mary Ziegler of the UC Davis School of Law and Stephen Gilles of the Quinnipiac University School of Law join to discuss Ziegler’s new book Personhood: The New Civil War over Reproduction, which explores the history and goals of the anti-abortion movement in the United States.   Resources Dobbs v. Jackson Women’s Health Organization (2022) Mary Ziegler, Personhood: The New Civil War over Reproduction (2025) Mary Ziegler, Abortion and Law in America: Roe v. Wade to the Present (2020) Stephen Gilles, “What Does Dobbs Mean for the Constitutional Right to a Life-or-Health-Preserving Abortion,” Mississippi Law Journal (2023) Stephen Gilles, “Why Fourteenth Amendment Personhood Requires Live Birth,” Notre Dame Journal of Ethics and Public Policy (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

David Levering Lewis, a Pulitzer Prize-winning historian and authority on W.E.B. Du Bois, discusses the profound influence of Du Bois on American history. He delves into Du Bois's evolving views on race, leadership, and socialism while detailing his role in establishing the NAACP. Lewis also highlights Du Bois's critical writings, such as 'Black Reconstruction in America,' and examines his critiques of capitalism. The conversation emphasizes Du Bois's enduring legacy in social justice, encouraging a deeper engagement with his work and its relevance today.

Derek Black, a constitutional law professor at the University of South Carolina, and Neal McCluskey, director at the Cato Institute Center for Educational Freedom, dive into the implications of President Trump's proposed layoffs in the Department of Education. They analyze the balance of power between federal and state authorities, the historical evolution of the department, and the potential impacts on student rights. The duo also reflects on the legality of such staff reductions and whether a leaner department could effectively serve its educational mission.

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