We the People

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.

In an engaging discussion, Mary Anne Franks, a George Washington University Law professor, and Alex Morey from FIRE tackle the complexities of free speech on campus, especially amid heated political debates. Keith Whittington, also from Yale, critiques the challenges faculty face regarding expression. Nadine Strossen and Jonathan Turley delve into the legal landscape of free speech, while Kenji Yoshino from NYU highlights the role of social media in moderating discourse. Together, they explore the balance between protecting free speech and addressing harmful narratives.

Last week, the Supreme Court heard oral arguments in Glossip v. Oklahoma, a case challenging the constitutionality of Richard Glossip’s conviction and sentencing to death for a 1997 murder. In this episode, Paul Cassell of the University of Utah and Andrea Miller of the Oklahoma Innocence Project join Jeffrey Rosen to recap the oral arguments and debate whether or not Glossip’s conviction should stand in light of newly revealed documents that allegedly suggest prosecutorial misconduct.   Resources:  Glossip v. Oklahoma, Supreme Court oral argument (audio via C-SPAN; transcript)   Brief of Amicus Curiae the Innocence Project in Support of Petitioner Richard Eugene Glossip, Glossip v. Oklahoma    Paul G. Cassell, “Brief of Victim Family Members Derek Van Treese, Donna Van Treese, and Alana Mileto as Amici Curiae in Support of Affirming the Judgment Below,” Glossip v. Oklahoma 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

This week, the Supreme Court heard oral arguments in Garland v. VanDerStok, a case challenging the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to regulate “ghost guns” under the Gun Control Act. In this episode, Clark Neily of the Cato Institute and Dru Stevenson of the South Texas College of Law join Jeffrey Rosen to recap the oral arguments and debate whether ghost guns—which are untraceable weapons without serial numbers, assembled from components or kits that can be bought online—may be regulated as firearms.   Resources:  Garland v. VanDerStok (oral argument audio via CSPAN; argument transcript)  Dru Stevenson, quoted in: “‘Ghost guns’ in the crosshairs”,  BusinessDay (March 7, 2024)   Drury Stevenson, “Shall Not Be Infringed,” (July 2024)  Clark Neily, quoted in: “Will ‘sigh of relief’ after US supreme court gun ruling be short-lived?,” The Guardian (June 22, 2024)  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

In this episode, Anne Applebaum, Pulitzer Prize-winning historian and staff writer for The Atlantic, joins to discuss her newest book, Autocracy, Inc.: The Dictators Who Want to Rule the World, which explores how autocracies work together to undermine the democratic world, and how democracies should organize to defeat them. She joins Jeffrey Rosen to discuss new threats from autocratic leaders at home and around the world and how liberal democracies should fight these threats. Resources: Anne Applebaum, Autocracy, Inc.: The Dictators Who Want to Rule the World (2024)  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

Ken Burns, an acclaimed filmmaker celebrated for his powerful documentaries, is honored with the Liberty Medal for his impact on American storytelling. Joined by co-director Sarah Botstein, they discuss the crucial role of narrative in shaping our understanding of history. They emphasize the importance of learning from the past to inspire civic responsibility. The conversation also touches on the enduring influence of figures like Thomas Paine and the global implications of the American Revolution, encouraging a deeper appreciation for democracy.

Join Justice Neil Gorsuch, a U.S. Supreme Court associate, and Janie Nitze, his former law clerk, as they delve into their book, Over Ruled. They discuss how excessive laws impact lives, spotlighting personal stories like John Yates, a fisherman ensnared in federal regulations. The conversation addresses overcriminalization through the tragic tales of Aaron Schwartz and Isis Brantley, urging for legal reform. They highlight the importance of civic engagement and education in nurturing democracy and protecting individual rights.

David Rubenstein, a best-selling author and philanthropist, dives into the essence of the American presidency. He discusses his book, which contrasts the legacies of iconic figures like Jefferson and Washington, emphasizing their complex histories. The conversation highlights the transformative role of adversity in leaders such as Franklin Roosevelt and the unique journeys of Truman and Eisenhower. Rubenstein also addresses the importance of informed citizenship and familial ties in shaping presidential legacies, urging a deeper understanding of America's political history.

In this engaging discussion, Patrick Spero, the incoming CEO of the American Philosophical Society’s Library & Museum, unveils the thrilling tale of André Michaux and his conspiracy entanglement with Thomas Jefferson in 1793. They explore Jefferson's possible role in a French government plot aimed at establishing an independent Louisiana. Spero sheds light on the ideological clash over American expansionism and the significance of Michaux's botanical discoveries, intertwined with the political dynamics of early America.