This summer, the Senate Judiciary Committee approved legislation that would attempt to set ethics rules for the U.S. Supreme Court and a process to enforce them, including rules for transparency around recusals, gifts, and conflicts of interest. The bill, which still requires full Senate approval, is the latest in a series of proposals and attempts to reform or improve the Supreme Court in recent years. In this episode of We the People, we discuss various proposals to reform ethics rules surrounding the Supreme Court; how and whether these proposals could go into effect; and what the enforcement mechanisms could be. Law professors Daniel Hemel of NYU Law and Daniel Epps of Washington University School of Law join host Jeffrey Rosen.   Resources:  S.359 - Supreme Court Ethics, Recusal, and Transparency Act of 2023 (Sen. Whitehouse)  S.325 - Supreme Court Ethics Act (Sen. Murphy)  Daniel Epps and Ganesh Sitaraman, “The Future of Supreme Court Reform” (2021)  Daniel Hemel, “Can Structural Changes Fix the Supreme Court?” (2021)   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. 

Two constitutional law scholars—Will Baude and Michael Stokes Paulsen—recently published an in-depth article arguing that President Donald Trump is disqualified for running for reelection under Section 3 of the 14th Amendment. In this episode, law professors Mark Graber and Michael McConnell join host Jeffrey Rosen to discuss what Section 3 means and how it applies to disqualification from office; whether President Trump's actions qualify as engaging in insurrection; whether or not Section 3 is self-executing and who can enforce it, and more.  Resources:  William Baude & Michael Stokes Paulsen, “The Sweep and Force of Section Three” (Aug. 2023)  Mark Graber, “Their Fourteenth Amendment, Section 3 and Ours,” Just Security (Feb 2021)   Mark Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform After the Civil War (2023)  Michael McConnell, Responding About the Fourteenth Amendment, “Insurrection,” and Trump, Volokh Conspiracy (Aug. 2023)   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.

Described in The Federalist as “the celebrated Montesquieu,” Charles de Montesquieu was cited more often than any other author from 1760-1800. In what ways did his writings and ideas help shape the U.S. Constitution and the structure of American government? William B. Allen of Michigan State University, Thomas Pangle of the University of Texas at Austin, Dennis Rasmussen of Syracuse University, and Diana Schaub of the American Enterprise Institute, discuss the political thought of Montesquieu and his influence on American democracy. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was originally streamed live on July 6, 2023, as part of our America’s Town Hall program series. Resources:  Montesquieu, The Spirit of the Laws: A Critical Edition, ed. William B. Allen  Dennis Rasmussen, Fears of a Setting Sun: The Disillusionment of America's Founders  Diana Schaub, Erotic Liberalism: Women and Revolution in Montesquieu’s Persian Letters  Diana Schaub, “Montesquieu on the Liberty of Women,” in The Cambridge Companion to Montesquieu  Dennis Rasmussen, The Pragmatic Enlightenment: Recovering the Liberalism of Hume, Smith, Montesquieu, and Voltaire  Thomas Pangle, Montesquieu’s Philosophy of Liberalism: A Commentary on the Spirit of the Laws  Thomas Pangle, The Theological Basis of Liberal Modernity in Montesquieu’s Spirit of the Laws  Thomas Pangle, “Considerations on the Romans,” in The Cambridge Companion to Montesquieu  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 Christopher Beem, Richard Haass, and Lorraine Pangle join the National Constitution Center to discuss the importance of civic virtue and citizenship in democratic societies. Topics include the decline of character and civics education in public schools, the role of civic education in creating a flourishing society, and the practice of civic virtue through consistency and accountability.

Earlier this month, President Trump was indicted in federal court in Washington, D.C. for conspiring to overturn the 2020 presidential elections. Judge J. Michael Luttig joins Jeffrey Rosen for a conversation about the constitutional and historical questions raised by the indictment. Resources:  Jeffrey Rosen, “The Founders Anticipated the Threat of Trump,” Wall Street Journal (Aug. 4, 2023)  “Former federal judge J. Michael Luttig on Jan. 6 indictment and American democracy,” Washington Post (Aug. 9, 2023)  Indictment, United States of America v. Donald Trump, Department of Justice (Aug. 1, 2023)  “How to Prevent Another January 6th,” We the People podcast (June 16, 2022)  “The Mob, the Capitol, and the Constitution” We the People podcast (Jan. 7, 2021)   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.  

In this episode, a panel of libertarian and conservative scholars—J. Joel Alicea of the Catholic University of America Columbus School of Law, Anastasia Boden of the Cato Institute, and Sherif Girgis of Notre Dame Law School—explore the different strands of originalism as a constitutional methodology. They also explore the Roberts Court’s application of originalism in recent cases, and how originalism intersects with textualism and other interpretive approaches. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was originally streamed live on June 28, 2023.  Additional Resources  Moore v. Harper (2023)  New York State Rifle & Pistol Association Inc. v. Bruen (2023)  Grutter v. Bollinger (2002)  District of Columbia v. Heller (2008)  Bostock v. Clayton County (2020)  Counterman v. Colorado (2023)   J. Joel Alicea, “The Moral Authority of Original Meaning,” Notre Dame Law Review (2022)   Joel Alicea, “Originalism and the Rule of the Dead,” National Affairs (2022)  Sherif Girgis,  “Living Traditionalism,” N.Y.U. L.Rev (2023)  Sherif Gergis, “Dobb's History and the future of Abortion Laws,” SCOTUSblog (2022)  Anastasia Boden, “Supreme Court's Sidestep Leaves Native Kids Without Answers,” Volokh Conspiracy (June 2023)  Anastasia Boden, “Discourse: Irrational Basis,” Pacific Legal Foundation, (August 2022)   Stay Connected and Learn More Continue the 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. Please subscribe to Live at the National Constitution Center and our companion podcast We the People on Apple Podcasts, Stitcher, or your favorite podcast app. 

David Waldstreicher’s The Odyssey of Phillis Wheatley: A Poet’s Journeys Through American Slavery and Independence offers the fullest account to date of Wheatley’s life and works. Seized in West Africa and forced into slavery as a child, Wheatley became a noted poet at a young age. She is considered the first African American author to publish a book of poetry and had a lasting influence on the Founding generation as well as generations to come. In this episode of We the People, David Waldstreicher of CUNY and Nancy Isenberg of Louisiana State University join Jeffrey Rosen to discuss Wheatley’s life and towering poetic legacy. Resources: David Waldstreicher, The Odyssey of Phillis Wheatley: A Poet’s Journeys Through American Slavery and Independence (2023) Nancy Isenberg, Sex and Citizenship in Antebellum America (1998) Phillis Wheatley, Letter to Reverend Samuel Occum (1774) 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. 

This past term, the Supreme Court handed down two major decisions about Native American law. In Arizona v. Navajo Nation, the Court ruled 5-4 that a treaty did not require the U.S. Government to take affirmative steps to secure water for the Navajo Nation; and in Haaland v. Brackeen, the Court upheld the Indian Child Welfare Act (ICWA). In this episode, Native American law experts Professor Marcia Zug of the University of South Carolina Law School and Timothy Sandefur of the Goldwater Institute join to help unpack these key Native American law cases. They also dive more deeply into one specific member of the Court—Justice Neil Gorsuch—and his unique stance toward how the Constitution applies to issues relating to Native American tribes—from his dissent in Haaland, to his majority opinion in the McGirt v. Oklahoma case from 2020, and more. Host Jeffrey Rosen moderates. Resources: Arizona v. Navajo Nation (2023) Haaland v. Brackeen (2023) McGirt v. Oklahoma (2020) Marcia Zug, “ICWA’s Irony”, American Indian Law Review (2021) Tim Sandefur, Brief Amici Curiae of Goldwater Institute in Support of State of Texas and Brackeen, Haaland v. Brackeen Adam Liptak, “Justice Neil Gorsuch Is a Committed Defender of Tribal Rights”, The New York Times (June 15, 2023) John Dossett, “Justice Gorsuch and Federal Indian Law”, American Bar Association (Sept. 1, 2017) 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. 

In a 6-3 ruling at the end of the 2022-23 term, the Supreme Court handed down a major First Amendment decision about the intersection of free expression rights and anti-discrimination laws in 303 Creative v. Elenis. The Court held that Colorado could not force a website designer to design a site and create expressive designs that she disagreed with, which included creating a website for same-sex marriages. In this episode, host Jeffrey Rosen is joined by ACLU National Legal Director David Cole and New York Times opinion columnist David French to break down the 303 Creative decision, as well as review the 2022-23 term as a whole, other key decisions from this past year, and where the Court is headed next.  Resources:   303 Creative LLC v. Elenis (2023)   ACLU (David Cole as Counsel of Record), “Brief for Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Colorado in Support of Respondents”, 303 Creative LLC v. Elenis  David Cole, “The Supreme Court Picks its Battles” The New York Review (July 4, 2023)  David Cole, ACLU, “Supreme Court Term in Review: Reconciling Our Losses and Wins” July 6, 2023  David French, “Brief of 15 Family Policy Organizations as Amici Curiae in Support of Petitioners”, 303 Creative LCC v. Elenis  David French, The New York Times “How Christians and Drag Queens Are Defending the First Amendment” (June 30, 2023)  David French, “Harvard Undermined Itself on Affirmative Action,” New York Times (June 29, 2023)  David French, “The Supreme Court Just Helped Save American Democracy from Trumpism,” New York Times (June 27, 2023)  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. 

In a special Independence Day episode, scholars Akhil Amar of Yale Law School and Peter Onuf of the University of Virginia join host Jeffrey Rosen for a discussion on the historical legacy of founding father Thomas Jefferson, America’s third president and principal author of the Declaration of Independence. In a National Constitution Center event a few months ago, Professor Amar announced his intention to “break up with” Thomas Jefferson; and in this episode of We the People, we explore why he’s decided to break up with Jefferson—including his actions and views on slavery—and what aspects of Jefferson's legacy deserve defense. Professors Amar and Onuf also explore the positive and negative aspects of his legacy and influence on the country, as well as recommendations on how to understand and study Jefferson today.  Resources: Akhil Amar, The Words That Made Us: America’s Constitutional Conversation, 1760-1840 (2021) Peter Onuf, The Mind of Thomas Jefferson (2007) Peter Onuf and Annette Gordon-Reed, “Most Blessed of the Patriarchs”: Thomas Jefferson and the Empire of the Imagination (2017) Peter Onuf, Jefferson and the Virginians: Democracy, Constitutions, and Empire (2018) Should We Break up with the Founders?, We the People episode (April 2023) 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.