We the People

Law professors Sai Prakash and Michael McConnell discuss the Supreme Court's ruling on presidential immunity, exploring historical perspectives, evolution of presidential power, constraints on immunity, and interpretations of Federalist 77. They delve into the balance of powers, executive authority, and implications for the behavior of executive officials.

Legal experts Harold Koh, Deborah Pearlstein, and Matthew Waxman discuss Trump v. United States and the National Security Constitution, exploring implications of executive power, presidential immunity, checks and balances, and calls for structural reforms to strengthen Congress in national security matters.

Legal analysts Sarah Isgur and Marcia Coyle join to review the Supreme Court's key decisions of 2023-24 term, covering topics like Chevron deference, domestic violence law, obstruction laws in January 6 cases. Insights include shifts in judicial dynamics, overturning precedents, originalism evolution, and implications on executive power. Supreme Court cases like Fisher and Garland versus Cargill are also discussed.

Political theorist William B. Allen and author Alison LaCroix discuss the intellectual foundations of constitutional interpretation from the founding to the Civil War. They explore historical practice in interpreting the Constitution, debates over constitutional interpretation today, and the complexities of sovereignty and states' rights during the interbellum era.

Authors Yuval Levin and Aziz Rana debate whether the Constitution can foster national unity, discussing critiques of constitutionalism, the evolution of presidential power, interpretations of the framers' goals, historical context, challenges of administrative agencies, the rise of originalism, and the limitations of originalism, advocating for constitutional reforms and mass mobilization to uphold democratic values.

Historians Stephen Knott and David O. Stewart discuss the Trump criminal verdict, historical attacks on the judiciary by presidents, power struggles in American politics, Reconstruction aftermath, progressive era changes, impacts of Nixon and Clinton on the rule of law, and Trump's claims of a rigged trial.

Leading election and voting rights scholar, Joshua Douglas, discusses the recent Supreme Court ruling upholding South Carolina's voting map against a challenge from the NAACP. The podcast explores the distinctions between partisan and racial gerrymandering, implications for future boundary disputes, and the evolving views on racial gerrymandering in the Supreme Court. Additionally, the discussion delves into Justice Thomas's color blindness principle in voting rights and the potential impact of the court's decision on future voting rights and redistricting.

In this episode, two acclaimed Lincoln historians—Sidney Blumenthal, author of the three-volume The Political Life of Abraham Lincoln, and Harold Holzer, author of the new book Brought Forth on This Continent: Abraham Lincoln and American Immigration, join Jeffrey Rosen to assess Lincoln’s life and legacy to explore similarities between the 19th century and today. This program was streamed live on March 27, 2024, as part of our America’s Town Hall series.  Resources:  Harold Holzer, Brought Forth on This Continent: Abraham Lincoln and American Immigration  Sidney Blumenthal, Wrestling With His Angel: The Political Life of Abraham Lincoln, Vol. II, 1849-1856  Abraham Lincoln, Cooper Union Address (February 27, 1860)  Harold Holzer, Lincoln at Cooper Union: The Speech That Made Abraham Lincoln President   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. 

Over the past few weeks, protests on college campuses over the war in Gaza have sparked debate about the extent and limits of student and faculty free speech rights. In this episode, two leading First Amendment scholars, Keith Whittington of Princeton University and Geoffrey Stone of the University of Chicago, join Jeffrey Rosen to discuss the current debates over free speech on campus. They also discuss Whittington’s new book, You Can’t Teach That!: The Battle Over University Classrooms. Resources:  Keith Whittington, You Can’t Teach That!: The Battle Over University Classrooms (2024)   Keith Whittington, Speak Freely: Why Universities Must Defend Free Speech (2019)   Keith Whittington, “Civil Disobedience Has Consequences,” The Daily Princetonian (May 10, 2024)  Keith Whittington, “What Can Professors Say in Public? Extramural Speech and the First Amendment,” Case Western L. Rev (2023)   University of Chicago, Kalven Committee: Report on the University’s Role in Political and Social Action   University of Chicago, “Report on the Committee on Freedom of Expression” (2014)  “UChicago Says Free Speech Is Sacred. Some Students See Hypocrisy,” NYTimes (May 2024)   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. 

Authors Richard Hasen and Lawrence Lessig, along with editor Sarah Isgur, discuss vulnerabilities in the American election system and propose constitutional amendments to enhance election integrity. They delve into topics such as universal voter registration, election security, challenges surrounding the 2024 election, and the Senate's role in judging elections. The conversation highlights the importance of safeguarding voting rights and addressing potential risks in democratic processes.