We the People

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.

Legal scholars Michael McConnell and Kenji Yoshino discuss Meta's Oversight Board's key decisions, including Trump's suspension and a Brazilian general's speech. They explore challenges of misinformation and incitement of violence during elections, navigating manipulated media policies, handling sensitive conflicts like Gaza, and promoting civil dialogue and diverse viewpoints within the board.

Constitutional law experts John Yoo and Smita Ghosh discuss President Trump's immunity from prosecution, exploring historical precedents, legal arguments, obstruction charges, Sarbanes-Oxley implications, and the impact on January sixth cases. They highlight the need for timely resolution in legal cases to avoid influencing election outcomes.

Michael Gerhardt, author of the new book FDR’s Mentors: Navigating the Path to Greatness, and Andrew Busch, author of Reagan's Victory: The Presidential Election of 1980 and the Rise of the Right, join Jeffrey Rosen to explore the pivotal elections of 1932 and 1980. They compare the transformative presidencies of Franklin D. Roosevelt and Ronald Reagan, and trace how founding-era debates between Hamilton and Jefferson over the scope of federal and executive power re-emerged during the New Deal and Reagan Revolution. This program originally streamed live on April 16, 2024.  Resources:  Michael J. Gerhardt, FDR’s Mentors: Navigating the Path to Greatness (2024)  Andrew E. Busch, Ronald Reagan and the Politics of Freedom (2001)  Andrew E. Busch, Reagan's Victory: The Presidential Election of 1980 and the Rise of the Right (2005)  Andrew E. Busch, The Constitution on the Campaign Trail: The Surprising Political Career of America’s Founding Document (2007)  Friedrich Hayek, “The Road to Serfdom,” Teaching American History (May 21, 2020)  Ronald Reagan, Remarks to Commonwealth Club members on March 4, 1983, Reagan Library (July 19, 2018)  Franklin D. Roosevelt, Undelivered Address Prepared for Jefferson Day, The American Presidency Project   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.