We the People

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.

Best-selling author Michael Lewis discusses his latest work, exploring the vital yet often overlooked stories of civil servants who drive government functionality. He shares inspiring tales like that of Arthur A. Allen, a Coast Guard hero, and Christopher Mark, who redefines public service against family legacy pressures. The conversation also highlights Heather Stone's battle against rare diseases and the crucial role of government in ensuring safety in mining. Through engaging storytelling, Lewis emphasizes the importance of recognizing these dedicated individuals.

Adam Cox, a law professor at NYU and expert in immigration law, teams up with Ilya Somin, a constitutional studies professor at George Mason University. They dive into the Trump administration's controversial use of the Alien Enemies Act for deportations, analyzing its historical context and legal implications. The discussion touches on due process, free speech rights, and the definition of 'invasion' within immigration law. They raise concerns over the intersection of political expression and deportation, questioning the administration's approach toward immigrant activists.

Kate Huddleston, senior legal counsel of litigation at the Campaign Legal Center, and Michael McConnell, Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford Law School, join Jeffrey Rosen to debate whether the newly created Department of Government Efficiency (DOGE) has acted lawfully in firing federal workers and freezing federal spending. Resources Campaign Legal Center, Complaint for Declaratory and Injunctive Relief, U.S. District Court for the District of Columbia (March 3, 2025)  Michael McConnell and Laurence Tribe, “Is Musk’s DOGE Dodging the Law?,” Open to Debate (March 7, 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