In this engaging discussion, Jonathan Gienapp, a Stanford professor and author of "Against Constitutional Originalism," joins Stephen Sachs, a Harvard Law expert on constitutional law, to challenge the concept of originalism in legal interpretation. They explore the historical development of originalism and its influence on landmark Supreme Court cases, including the Second Amendment debates. The conversation also touches on the role of popular sovereignty at the nation's founding, prompting listeners to reconsider how the Constitution is understood today.

Join Melanie Miller, editor of the Gouverneur Morris Papers, Dennis Rasmussen, a political science professor and author, and William Treanor, dean of Georgetown Law Center, as they delve into the life of Gouverneur Morris. They explore his pivotal role in drafting the Constitution, particularly the Preamble, and his bold stance against slavery. Discover Morris’s complex character, his advocacy for executive power, and his overlooked legacy amid America's founding figures. Plus, hear about his unique insights on liberty during the French Revolution.

Steven Calabresi, a law professor at Northwestern University, delves into the legacy of former Attorney General Edwin Meese and his pivotal role in shaping originalism. The conversation highlights how Meese transformed the Department of Justice into a center for originalist thought during the Reagan era. Calabresi discusses the ideological divides within originalism, the formation of the Federalist Society, and how these developments influenced Supreme Court nominations and judicial philosophy. His insights offer a fascinating glimpse into the evolution of constitutional interpretation.

In this discussion, guests Jane Calvert, a biography author on John Dickinson, Vincent Phillip Muñoz, a Notre Dame religion professor, and Thomas Kidd, a Baptist studies chair, delve into the nuanced role of religion among America's Founding Fathers. They examine varying personal faiths, from deism to traditional Christianity, and how these shaped ideals like religious liberty and governance. They also explore John Dickinson's Quaker influences and the philosophical foundations of natural rights, emphasizing the delicate balance between church and state that informed the Constitution.

Joining the discussion are David Gans, Director at the Constitutional Accountability Center, and Kurt Lash, Distinguished Professor of Law at the University of Richmond. They dive into the heated debate over Tennessee's law banning medical transitions for transgender minors. Gans argues this law violates the Equal Protection Clause, while Lash defends its legality. The two scholars dissect the implications of landmark cases like Bostock and Geduldig, scrutinizing legal standards for sex discrimination and the evolving interpretation of the 14th Amendment in relation to transgender rights.

Christopher Cox, a scholar and former U.S. representative, joins Geoffrey Stone, a distinguished professor at the University of Chicago, to delve into Woodrow Wilson's complex legacy. They tackle his inconsistent stances on women's suffrage, free speech, and racial equality, highlighting his administration's harsh suppression of dissent during WWI. The conversation also examines the tensions between national security and individual rights, alongside Wilson's troubling resegregation policies, offering a nuanced perspective on his historical impact.

President-elect Trump’s allies have floated the possibility of suspending Congress in order to use the Recess Appointments Clause to install Cabinet officials without Senate confirmation. In this episode, Ed Whelan of the Ethics and Public Policy Center and Thomas Berry of the Cato Institute join Jeffrey Rosen to preview this plan and debate its legal merits.  Resources:  Center for Renewing America, “Brief: On the Article II Recess Appointments Clause” (November 17, 2024)  Ed Whelan, “A Terrible Anti-Constitutional Scheme of Recess Appointments,” National Review (November 12, 2024)  Ed Whelan, “The House Has No Authority to ‘Disagree’ with Senate’s Decision to Remain in Session,” National Review (November 17, 2024)  Edward Whelan, “The Radical Consequences of an Immediate Senate Recess," National Review (November 19, 2024)  Thomas Berry, “Thomas Berry (Cato Institute) on Trump's Recess Appointment Plan,” Volokh Conspiracy (November 15, 2024)  National Labor Relations Board v. Noel Canning (2014)  Alexander Hamilton, Federalist No. 76 (April 1, 1788)  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. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Join Danielle Allen, a Harvard professor and civics education expert, and Jane Kamensky, president of the Thomas Jefferson Foundation and early American history authority, as they delve into John Adams's influential legacy. They discuss the Adams family's commitment to constitutional principles and civic duty, the need for enhanced civic education in today’s polarized society, and the interplay of faith and governance in early America. The conversation emphasizes storytelling’s role in democracy and the importance of deep reading in fostering civic engagement.

Keith Richotte Jr. is an author and expert on Native American law, while Matthew L.M. Fletcher has written extensively on Indigenous rights. They discuss the complex evolution of Native American law from the Marshall Court to today, addressing the federal government's authority over tribes. They highlight the impact of Justice Scalia’s philosophy and recent positive trends in tribal sovereignty. The conversation also emphasizes the need for integrating Indigenous philosophies into governance and educating justices about Native rights.

Jesse Wegman, a member of The New York Times editorial board and author advocating for abolishing the Electoral College, faces off against Robert Hardaway, a law professor who argues in favor of its preservation. The discussion dives into the complexities of the Electoral College and its alternatives like ranked choice voting. They debate the implications of a national popular vote, potential legal challenges in a contested election, and the constitutional authority of governors in certifying results. Both present compelling arguments about the future of electoral integrity and democracy.