We the People

The upcoming Supreme Court case New York Rifle and Pistol Association v. the City of New York could be the first major Second Amendment case in almost a decade. It centers around a New York City regulation prohibiting residents from taking their guns to second homes and shooting ranges outside the city, even when the guns are unloaded and separated from ammunition. New York’s NRA affiliate and some gun-owning residents challenged the regulation, but, in the midst of litigation, New York City changed it – raising the question of whether the case was now “moot”. And, Senate Democrats filed a controversial brief addressed to the Supreme Court warning that they might pursue structural reform of the Court if they don’t like the outcome in this case. Detailing the twists and turns of the case and its potential impact on the Second Amendment – Adam Winkler of UCLA Law School and Ilya Shapiro of the CATO Institute join host Jeffrey Rosen.  Here’s some vocabulary that may be helpful to know this week:  Mootness: A case becomes moot if the conflict, or the law at issue, that was present at the start of litigation no longer exists.  Judicial review doctrines: A judicial review test is what courts use to determine the constitutionality of a statute or ordinance. There are three main levels in constitutional law:  Strict scrutiny: For a law to survive a court’s review under strict scrutiny, it must be narrowly tailored to achieve a compelling government interestIntermediate Scrutiny: A level down from strict scrutiny. The law must be substantially related to an important government interest.Rational basis review: The most deferential kind of review to the legislature. A law only has to be “rationally related” to a “legitimate” government interest. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

The Lincoln-Douglas debates — the historic series of seven debates which pitted Abraham Lincoln against Stephen Douglas as they vied for an Illinois Senate seat — began on August 21, 1858. In honor of that anniversary, this episode explores the clash of constitutional visions that characterized the debates between Lincoln and Douglas. Each man argued that he was the heir to the Founders’ legacy as enshrined by the Constitution, as they battled over slavery, popular sovereignty, the nature of rights, and the future of the union. Historians Sidney Blumenthal and Lucas Morel trace the constitutional visions and political rivalries of Lincoln and Douglas from the Kansas Nebraska Act to the Dred Scott decision, through the Civil War and the passage of the Constitution’s Reconstruction amendments. Jeffrey Rosen hosts.  Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Pulitzer Prize-winning journalist George F. Will returned to the National Constitution Center earlier this summer to discuss his new book, 'The Conservative Sensibility', a reflection on American conservatism. He sat down with National Constitution Center President Jeffrey Rosen for a wide-ranging conversation, sharing his thoughts on everything from natural rights and the Declaration of Independence through the Woodrow Wilson presidency and up to the Roberts Court.  This episode originally aired on our companion podcast, Live at America’s Town Hall.  Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

In early August 1787, the Constitutional Convention’s Committee of Detail had just presented its preliminary draft of the Constitution to the rest of the delegates, and the Federalists and the Anti-Federalists were beginning to parse some of the biggest foundational debates over what American government should look like. On this episode, we explore the questions: How did the unique constitutional visions of the Federalists and the Anti-Federalists influence the drafting and ratification of the Constitution? And how should we interpret the Constitution in light of those debates today? Two leading scholars of constitutional history–Jack Rakove of Stanford University and Michael Rappaport of the University of San Diego School of Law – join host Jeffrey Rosen. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org. 

President Trump can no longer block people on Twitter, following a ruling by the Second Circuit Court of Appeals. The court held that because President Trump controls access to his @realdonaldtrump Twitter account and uses it for official government purposes, it is a public forum and, under the First Amendment, he cannot block people solely based on their viewpoints. Katie Fallow – one of the lead attorneys who represented the blocked Twitter users in the case – and David French, senior writer at National Review and former First Amendment litigator, debate the merits of the decision as well as its potential impact on future cases. They also explore a similar lawsuit recently filed against Rep. Alexandria Ocasio-Cortez by people claiming that she unconstitutionally blocked them on Twitter. And, they explain how the Second Circuit’s decision may impact government attempts to regulate social media. Jeffrey Rosen hosts.Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

July 19 was the anniversary of the Seneca Falls Convention, the nation’s first women’s rights convention held in Seneca Falls, New York in 1848. This episode explores what happened at the historic convention, and how its legacy shaped the Constitution through the fight for women’s suffrage and the 19th Amendment and, later, landmark gender equality and reproductive rights cases, including Roe v. Wade. Gender law and women's rights scholars Erika Bachiochi of the Ethics & Public Policy Center and Tracy A. Thomas of the University of Akron School of Law join host Jeffrey Rosen.Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Justice John Paul Stevens—one of the nation’s oldest, longest-serving, and most-revered justices—passed away at the age of 99 on Tuesday. On this episode, we remember the man, the justice, and some of his most influential majority opinions and dissents. Two of Justice Stevens' former law clerks, Daniel Farber of Berkeley Law and Kate Shaw of Cardozo Law, share some favorite memories from their clerkships and commemorate Justice Stevens’ life and legacy in conversation with host Jeffrey Rosen. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

July 11 is the anniversary of the 1804 duel in which Alexander Hamilton was fatally shot by Vice President Aaron Burr. On today’s episode, we pick up where the musical 'Hamilton' left off, and explore what happened to Vice President Burr in the aftermath of the duel. Why wasn’t Burr prosecuted until after he left office in 1807? What happened during his treason trial? And what relevance does his treason trial have for executive privilege and indictments of executive officers today? Two leading experts on the life and legacy of Aaron Burr—Nancy Isenberg and Kevin Walsh—join host Jeffrey Rosen in studio to discuss. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

As guest Ilya Shapiro put it, “If it’s June/July, we’re talkin’ SCOTUS.” We review the 2018-19 Supreme Court term and explore the nature and future of the new Roberts Court and the Chief’s newfound role as the swing justice. Topics include the partisan gerrymandering case, the differences that emerged between Justices Gorsuch and Kavanaugh, and the future of the administrative state at the Court. Ilya Shapiro of the Cato Institute and Leah Litman of the University of Michigan Law School join host Jeffrey Rosen. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

How do judges manage the personal challenges that their role often requires them to face, including unconscious bias, chronic stress, exposure to emotionally-charged circumstances, and public pressure and scrutiny? Current and former judges join in candid conversations about how they have managed these challenges and how they have approached their work.  The first panel features moderator Michael Lewis, best-selling author of ‘Moneyball’ and ‘The Big Short’ and host of the podcast ‘Against the Rules’, in conversation with Justice Eva Guzman of the Supreme Court of Texas and Judge Charles Breyer of the United States District Court for the Northern District of California.   The second panel is moderated by National Constitution Center President Jeff Rosen, who sits down with Executive Director of the Berkeley Judicial Institute and former U.S. District judge for the Northern District of California Jeremy Fogel, former Associate Justice of the California Supreme Court Carlos Moreno, and former Chief Judge of the U.S. Court of Appeals for the Tenth Circuit Deanell Reece Tacha.This program was presented in partnership with the Berkeley Judicial Institute, and this episode was originally published on our companion podcast, Live at America’s Town Hall.Questions or comments about the show? Email us at podcast@constitutioncenter.org.