We the People

Matthew Seligman, a legal scholar from Stanford Law School, and Josh Blackman, a law professor from South Texas College of Law Houston, engage in a riveting debate on the legitimacy of special counsel appointments. They delve into Judge Aileen Cannon's controversial ruling regarding Donald Trump's indictment, discussing the complexities of classifying counsels as principal or inferior officers. The conversation highlights key constitutional precedents and the implications for future investigations involving political figures, unraveling the intricate balance of power in legal appointments.

Join Charles Cook, a National Review contributor; Melody Barnes, a University of Virginia academic; and Princeton historian Sean Wilentz in a spirited discussion on the core values of the American Idea. They explore the evolution of democracy from Jefferson to Lincoln and the importance of ongoing dialogue in a diverse political landscape. The guests also examine the complexities of liberty and equality, focusing on social justice and historical perspectives that continue to shape American values today. This enlightening conversation reinforces the resilience of the American experiment.

Steven Hahn, an author known for his expertise on illiberalism, and Manisha Sinha, a specialist in the Second American Republic’s history, shed light on America's complex political landscape. They discuss the historical roots of illiberalism, particularly during the Reconstruction era, and highlight the crucial activism of African Americans in shaping civil rights. The conversation also delves into the nuanced relationships between women's suffrage, racial inclusion, and the implications of anti-Chinese sentiment as part of America's ongoing struggle for democracy and equality.

August 8, 2024, marks the 50th anniversary of Richard Nixon’s resignation as president of the United States. His resignation came after the House Judiciary Committee voted recommend Nixon’s impeachment for high crimes and misdemeanors— which would have been the first impeachment since that of Andrew Johnson in 1868. In this episode, historians Garrett Graff, author of Watergate: A New History (2022), and Robert Doar, president of AEI, join Jeffrey Rosen to discuss Nixon’s resignation and its enduring legal legacy.    Resources:  Garrett Graff, Watergate: A New History (2022)  Garrett Graff, “A Vice President’s Life Can Change in a Flash. Nothing is the Same After,” Washington Post (July 23, 2024)  Robert Doar, “Five Lessons from the Nixon Impeachment Inquiry,” AEI Blog (Oct. 3, 2019)  Robert Doar, Opening Remarks, “The Impeachment of Richard Nixon: Reflections on the 50th Anniversary,” AEI (July 25, 2024)  New York Times Co. v. United States (The Pentagon Papers Case) (1971)  United States v. Nixon (The Tapes Case) (1974) Stay Connected and Learn More: 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. Donate

Join constitutional historians Keith Whittington from Yale and Anthony Michael Kreis from Georgia State as they explore President Biden's ambitious plan to reform the Supreme Court. They dive into term limits for justices, the challenging constitutional landscape, and the nuances of judicial ethics. The duo discusses the historical relationship between politics and the judiciary and how growing polarization impacts public perceptions of the court's legitimacy. Their insights shed light on the ongoing tensions and potential reforms necessary for a modernized judicial system.

Georgetown Law Professor Randy Barnett discusses the evolution of originalism from judicial restraint to constitutional conservatism. He explores his journey into originalism, the impact of influential figures like Spooner and Scalia, and the shift towards judicial constraint. The conversation delves into the Ninth Amendment, the conservative judicial movement, and the importance of advocating for constitutional principles.

Federal Judge David Tatel discusses his legal career and landmark cases, overcoming challenges posed by blindness in his memoir 'Vision'. Topics include advancements in iPhone accessibility, evolution of perceptions towards blindness, respecting Congress in judicial decisions, the Chevron principle in administrative law, desegregation efforts, and promoting the common good through the legal profession.

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.