This week the Supreme Court heard two separate legal challenges to a student loan forgiveness program proposed by the Biden administration: Biden v. Nebraska and Department of Education v. Brown. The plan aims to cancel up to $20,000 of student debt for low-to middle-income families, and was rolled out last August during the tail end of the COVID-19 pandemic. It relied on the Higher Education Relief Opportunities for Students Act of 2003 (or the HEROES Act), a law passed after 9/11 that gives the secretary of education the power to make changes to student loan programs during a national emergency. At the heart of the challenges to the plan are major questions surrounding the scope of presidential power; the doctrine of “standing”—or who can bring a lawsuit in court; and whether certain issues are of such “vast economic and political significance” that they should be left to the legislative branch and not decisions of federal agencies. William Araiza of Brooklyn Law School and Anastasia Boden of the Cato Institute join to unpack the arguments on both sides of the cases. Host Jeffrey Rosen moderates.  Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library.  

Three decades ago, in the fledgling days of the internet, Congress amended Section V of the Telecommunications Act of 1996 to grant broader legal protections to websites who host information from third parties. Part of Section 230 of that law (known as the Communications Decency Act) has been referred to as “the 26 words that created the internet,” due to the burgeoning effect it had on online content as internet companies were protected from lawsuits. Two current Supreme Court cases—Gonzalez v. Google and Twitter v. Taamneh—ask whether algorithms created by companies like Google or Twitter, which might promote and recommend terroristic or other harmful material, result in the companies being held liable for aiding and abetting the terrorists; or whether, as in the Google case, Section 230 applies to grant immunity to the platforms. In this episode, guests Mary Anne Franks of the University of Miami School of Law and Kate Klonick of St. John’s University of Law School break down the arguments in each case before the court. They also discuss the history and purpose of Section 230, why Congress enacted it, and how it’s been interpreted over the years. They also look forward to how this case could impact platforms like Facebook, Google, YouTube, and Twitter and the future of the Internet itself. Host Jeffrey Rosen moderates.  Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library. 

In 1873, the U.S. Supreme Court in a 5-4 ruling decided The Slaughterhouse Cases, which narrowly interpreted the new Privileges and Immunities Clause of the recently ratified 14th Amendment. With this year marking the 150th anniversary of the decision, we’re joined today by two leading scholars to understand what The Slaughterhouse Cases were about, and why some scholars and judges–including current Supreme Court justices like Justice Clarence Thomas–have criticized the decision and its effect on constitutional law doctrines; while others have agreed with its interpretation. Guests Kurt Lash, professor at the University of Richmond Law School, and Kermit Roosevelt, professor at the University of Pennsylvania Carey Law School, join to discuss the history and story of the case; what happened after it was decided; and what would happen in constitutional law today if the case was overturned. Host Jeffrey Rosen moderates.  Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library.

Nelson Mandela—born in South Africa in 1918—was an international freedom fighter and Nobel Peace Prize winner who helped overturn the apartheid system of racial segregation and usher in democracy for his nation. After being convicted of sabotage and serving 27 years in prison, Mandela was released, and soon after was elected president, becoming the country's first black head of state and the first elected in a fully representative democratic election. He served as president from 1994 to 1999, overseeing the enactment of a new democratic constitution in 1996. After stepping down from power, he continued work on social justice issues. He died in Johannesburg in 2013. In this episode, Richard Stengel—former president of the National Constitution Center, and former editor of Time Magazine—joins to discuss his new podcast, Mandela: The Lost Tapes, which is available on Audible. These never-before-heard audio tapes come from Stengel’s years-long conversations with Mandela while collaborating with him on his remarkable memoir, Long Walk to Freedom. From the tapes, we learn about what democracy meant to Mandela, how his upbringing and inspirations led him to becoming a force for justice, and what lessons Mandela’s story holds for us today. Host Jeffrey Rosen moderates.  Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library. 

The Public Debt Clause of the 14th Amendment states: “The Validity of the public debt of the United States, authorized by law …. shall not be questioned.” Recent debates—including the most recent standoff between President Joe Biden and Speaker of the House Kevin McCarthy over the debt ceiling—have raised the question as to whether this clause can be invoked to overcome the crisis. In today’s episode, we drill down on why the public debt clause was written, how it's been interpreted by the Supreme Court, and how things might play out today if it were used by President Biden. Guests Pulitzer-Prize winning historian Eric Foner, author of The Second Founding: How the Civil War and Reconstruction Remade the Constitution, and law professor Gerard Magliocca, author of American Founding Son: John Bingham and the Invention of the Fourteenth Amendment, discuss this often-overlooked section of the 14th Amendment written at the end of the Civil War.Questions or comments about the show? Email us at podcast@constitutioncenter.org.Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.You can find transcripts for each episode on the podcast pages in our Media Library.

This January marked the 50th anniversary of Roe v. Wade, the seminal and contentious decision recognizing abortion rights, which the Supreme Court overturned last June in Dobbs v. Jackson Women’s Health Organization. In this episode, scholars Mary Ziegler, author of the new book Roe: The History of a National Obsession, and O. Carter Snead, author of What It Means to be Human: The Case for the Body in Public Bioethics, discuss the Roe decision in historical and constitutional context. They also explore how Roe v. Wade raised questions beyond abortion rights—including about the scope of the judicial role, religious liberty, the role of science in politics, and much more; and how the abortion landscape has changed since Dobbs overturned Roe. Host Jeffrey Rosen moderates. Questions or comments about the show? Email us at podcast@constitutioncenter.org.Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.You can find transcripts for each episode on the podcast pages in our Media Library.

In honor of Martin Luther King Day, January 16, 2023, we pay tribute to Dr. King by discussing his historical legacy and constitutional and moral philosophy through his key writings, speeches, and intellectual and moral inspirations and influences. Guests Christopher Brooks, professor of history at East Stroudsburg University, and Hasan Kwame Jeffries, associate professor of history at Ohio State University, discuss some of Dr. King’s most seminal writings and speeches and talk about the key texts, ideas, and writers that influenced Dr. King’s life and work, from Christianity and the Bible, to civil rights figures like Howard Thurmond. Host Jeffrey Rosen moderates. Read and listen to the primary texts discussed:  Dr. Martin Luther King, “Address Before the New York State Civil War Centennial Commission,” Sept. 12, 1962 (Video | Transcript | Draft) Dr. Martin Luther King, “Letter from Birmingham Jail,” April 16, 1963 Dr. Martin Luther King, “I Have a Dream” speech, August 28, 1963  Dr. Martin Luther King, “Beyond Vietnam – A Time to Break Silence,” April 4, 1967  Dr. Martin Luther King, Where Do We Go From Here: Chaos or Community (1967)  Questions or comments about the show? Email us at podcast@constitutioncenter.org.Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.You can find transcripts for each episode on the podcast pages in our Media Library.

Last week, Representative Kevin McCarthy of California became the Speaker of the House, after 15 rounds of voting. It was the first time since 1923 that a Speaker was not elected on the first ballot. In this episode, we are joined by scholars Matthew Green, author of The Speaker of the House: A Study of Leadership, and Josh Chafetz, author of Congress’s Constitution: Legislative Authority and the Separation of Powers, to discuss the role and the history of this powerful constitutional office. They also discuss some of the most notable Speakers throughout history, from Henry Clay to Joe Cannon to Nancy Pelosi, and how their legacies helped shaped the House and Congress as we know it.  Host Jeffrey Rosen moderates. Questions or comments about the show? Email us at podcast@constitutioncenter.org.Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.You can find transcripts for each episode on the podcast pages in our Media Library.

In this episode, Professor Vincent Phillip Muñoz of Notre Dame Law discusses his newest book, Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses. He is joined by Professor Michael McConnell of Stanford Law School to discuss the book, what freedom of religion meant at the founding, and what it means today. They also evaluate the reasoning behind some of the Supreme Court’s major religion decisions and how they comport with history and the founders’ understandings of religious liberty. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Questions or comments about the show? Email us at podcast@constitutioncenter.org.Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.You can find transcripts for each episode on the podcast pages in our Media Library.

How did Marcus Tullius Cicero, a Roman statesman and philosopher, influence the Founding generation, the Constitution, and American political thought? Join Scott Nelson, author of Cicero, Politics, and the 21st Century; Benjamin Straumann, author of Crisis and Constitutionalism: Roman Political Thought from the Fall of the Republic to the Age of Revolution; and Caroline Winterer, author of The Culture of Classicism: Ancient Greece and Rome in American Intellectual Life, 1780-1910, for a conversation exploring the political ideas of Cicero, his impact on America, and what we can learn from him today. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.Questions or comments about the show? Email us at podcast@constitutioncenter.org.Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.You can find transcripts for each episode on the podcast pages in our Media Library.