We the People

As the congressional hearings for the events of January 6, 2021, continue, we’ll hear from The Honorable J. Michael Luttig, formerly of the U.S. Court of Appeals for the Fourth Circuit, as he recounts a story of his historical tweet that contributed to Vice President Mike Pence’s decision to certify the results of the 2020 election, along with his reflections on how to prevent another January 6. He’s then joined by three experts—Ned Foley of The Ohio State University, Sarah Isgur of The Dispatch, and Clark Neily of the Cato Institute—who are each leading a team on a bipartisan project for the National Constitution Center, Restoring the Guardrails of Democracy. They discuss other potential reforms including whether changes should be made to the Electoral Count Act and preview their forthcoming reports for the project, which will be published later this summer. Together, our panelists consider ways to strengthen American constitutional and democratic institutions against current and future threats. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This conversation was originally part of a live, private event hosted by the National Constitution Center in Coral Gables, Florida, recorded in May 2022 with permission from the speakers. The Restoring the Guardrails of Democracy project is made possible with the support of Mike and Jackie Bezos.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.

While the idea of freedom of speech may be closely associated with the American constitutional tradition under the First Amendment today, its origins go back thousands of years, and its ideals have been expressed in civilizations around the world. Joining president and CEO Jeffrey Rosen to discuss that storied history—from Martin Luther’s posting his 95 Theses, to state laws regarding social media—and examine defenses of free speech are Jacob Mchangama, author of Free Speech: A History from Socrates to Social Media, and David Cole, National Legal Director of the ACLU. 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.

This week, the National Constitution Center and the National Association of Attorneys General hosted a bipartisan conversation with Attorneys General Doug Peterson of Nebraska and Phil Weiser of Colorado exploring the role of state attorneys general, state law, and state police powers under the Constitution in addressing the potential dangers of various social media platforms to public health, privacy, and competition. Jeffrey Rosen, president and CEO of the National Constitution Center, moderated. This program is presented in partnership with the Center for Excellence in Governance at the National Association of Attorneys General.To watch National Constitution Center Town Hall programs live, check out our schedule of upcoming programs. Register through Zoom to ask your constitutional questions in the Q&A or watch live on YouTube.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.

There’s a lot happening in the world of election law. From the Supreme Court’s opinion last week in FEC v. Ted Cruz, to a redistricting case in Alabama, to a North Carolina case dealing with the independent state legislature doctrine-- we’re doing a deep dive with John Fortier, senior fellow at the American Enterprise Institute, and Rick Hasen, professor of law at UC Irvine, to discuss these cases and issues and what they mean for American democracy going forward. 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.

Today on We the People, we’re sharing a conversation from a private event hosted by the National Constitution Center this week in Coral Gables, Florida, recorded with permission from the speakers.In it, President and CEO Jeffrey Rosen moderates a conversation with five experts about two of the biggest issues before the Supreme Court this term: abortion and guns.Those five experts are: Melissa Murray of NYU Law, Akhil Amar of Yale Law School, Clark Neily of the Cato Institute, Kimberly Atkins Stohr of The Boston Globe, and David French of The Dispatch.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.

On May 2, Politico published a leaked draft of Justice Samuel Alito’s majority opinion in the pending case Dobbs v. Women’s Health Organization. The draft opinion in Dobbs overrules the precedents Roe v. Wade andPlanned Parenthood v. Casey, which hold that women have the constitutional right to seek pre-viability abortions. In this episode, professors Mary Ziegler of UC Davis Law School and O. Carter Snead of Notre Dame Law School join once again to unpack the constitutional reasoning in Justice Alito’s draft, and the implications for the future of abortion rights in America and the future of Court as an institution in the aftermath of the leaked opinion. Jeffrey Rosen moderates. Last year, we had two episodes about this case, before and after oral arguments, so be sure to listen to those if you haven’t – available here: Part 1 and Part 2.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.

On today’s very special episode, we share the exciting events that happened at the National Constitution Center earlier this week.To celebrate the unveiling of the First Amendment tablet—once featured on the facade of the Newseum in Washington, D.C., now at its new home in the Grand Hall Overlook of the National Constitution Center in Philadelphia—free speech defenders Randall Kennedy of Harvard Law School, former ACLU President Nadine Strossen of New York Law School, and Greg Lukianoff of the Foundation for Individual Rights in Education join for a discussion of why the First Amendment matters today. A dedication ceremony with remarks from the Honorable J. Michael Luttig, former judge on the U.S. Court of Appeals for the Fourth Circuit; Jan Neuharth, chair and CEO of the Freedom Forum; and Jeffrey Rosen, president and CEO of the National Constitution Center, follows.This program was presented in celebration of the newly installed First Amendment tablet at the National Constitution Center donated by the Freedom Forum, which works to foster First Amendment freedoms for all. The design and installation of the tablet was made possible by the Honorable J. Michael Luttig and Elizabeth A. Luttig.  Watch the program video here: https://constitutioncenter.org/interactive-constitution/town-hall-video/why-the-first-amendment-matters-todayRead Jeff's remarks here: https://constitutioncenter.org/blog/remarks-from-the-first-amendment-tablet-ceremonyQuestions 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.

On April 18, a federal judge in Florida struck down the Centers for Disease Control and Prevention’s mask requirement on airplanes, trains, buses, and other public transportation. In a 59-page opinion, Judge Mizelle stated that the CDC had exceeded its legal authority under relevant federal law, including the 1944 Public Health Services Act, and failed to follow administrative procedure rules. The decision further vacated the mask mandate on a nationwide basis. The U.S. Department of Justice plans to appeal the decision.  Michael Dorf of Cornell Law School and Adam White of the American Enterprise Institute join us for a discussion about the legal arguments on both sides of the decision, and a broader debate about nationwide injunctions—when a single district court judge blocks a law or government regulation on a national scale. 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.

Next week, the Supreme Court will hear oral argument in Kennedy v. Bremerton School District. The case is about Joseph Kennedy, a Christian high school football coach in Washington state who regularly prayed before games. Eventually a majority of the players joined in as well, and one player’s parent complained that he felt pressured to pray as well. Kennedy lost his job after refusing to comply with school district’s orders to stop. Nicole Garnett of Notre Dame Law School and Rachel Laser of Americans United for Separation of Church and State join host Jeffrey Rosen to discuss the case; the questions raised around the limits of free speech, free exercise of religion, and the separation of church and state in schools; and how the Court might rule based on its prior jurisprudence—from the Lemon v. Kurtzmann test to the Abington v. Schempp case—and some justices’ questioning of it.Listen to "Football, Faith, and the First Amendment" from January 31, 2019.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.

At the end of March, Florida Governor Ron DeSantis signed into law House Bill 1557, also called the “Parental Rights in Education Bill.” Critics of the bill have referred to it as the “Don’t Say Gay” bill. Controversy has surrounded the bill since its inception. President Biden referred to it as “hateful,” but supporters say the bill is limited in scope and has been misinterpreted.Constitutional law experts Joshua Matz of Kaplan Hecker & Fink and Eugene Volokh of UCLA School of Law join host Jeffrey Rosen to discuss the debate over the bill and others like it.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.