We the People

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. 

Historian Allen Guelzo discusses Lincoln's vision of democracy, his approach to slavery and preserving the Union. They explore Lincoln's views on sovereignty, consent, elections, majority rule, minority rights, and the rule of law. The episode delves into Lincoln's economic policies, interpretation of Jefferson, and hypothetical impact on the federal judiciary.

On November 7, 2023, historians Carol Berkin, author of A Sovereign People: The Crises of the 1790s and the Birth of American Nationalism, and H.W. Brands, author of Founding Partisans: Hamilton, Jefferson, Madison, Adams, and the Brawling Birth of American Politics, joined Jeffrey Rosen for a conversation on political partisanship and nationalism in early America, and how, despite the founders’ fear of factionalism, deep partisan divisions emerged almost immediately after the Revolution. They discuss the election of 1800, the first hotly contested partisan election in American history, and trace the history of American partisanship to the present day.   Resources:  H.W. Brands, Founding Partisans: Hamilton, Madison, Jefferson, Adams and the Brawling Birth of American Politics (2023)  Carol Berkin, A Sovereign People: The Crises of the 1790s and the Birth of American Nationalism (2017)  “Genet Affair,” Mount Vernon   The Alien and Sedition Acts, NCC Founders’ Library  Virginia Resolutions, NCC Founders’ Library  Questions or comments about the show? Email us at podcast@constitutioncenter.org.Continue today’s conversation on social media @ConstitutionCtr and #WeThePeoplePodcast.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. 

On Thursday March 28 at the NCC, Jeffrey Rosen sat down with Justice Stephen Breyer to discuss his new book, Reading the Constitution: Why I Chose Pragmatism, Not Textualism. Justice Breyer deconstructs the textualist philosophy of the current Supreme Court’s majority and makes the case for a better way to interpret the Constitution based on pragmatism. ResourcesJustice Stephen Breyer, Reading the Constitution: Why I Chose Pragmatism, Not Textualism (2024)  Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on social media @ConstitutionCtr and #WeThePeoplePodcast.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. 

On March 18, the Supreme Court heard oral arguments in Murthy v. Missouri and NRA v. Vullo—two cases in which government officials allegedly pressured private companies to target disfavored viewpoints. Alex Abdo of the Knight First Amendment Institute and David Greene of the Electronic Frontier Foundation join Jeffrey Rosen to break down both cases. Together they discuss the state action doctrine, explore the line between coercion and persuasion, and interrogate the tension between government speech and private speech.  Resources:  Murthy v. Missouri (oral argument via C-SPAN; transcript)  NRA v. Vullo (oral argument via C-SPAN; transcript)  Bantam Books, Inc. v. Sullivan (1963)  Alex Abdo, Brief in Support of Neither Party, Murthy v. Missouri  David Greene, Brief in Support of Neither Party, Murthy v. Missouri  David Greene and Karen Gullo, “Lawmakers: Ban TikTok to Stop Election Misinformation! Same Lawmakers: Restrict How Government Addresses Election Misinformation!,” EFF (March 15, 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. 

Political scientists discuss democratic instability, backsliding, and demagogues, focusing on threats to American democracy like minority rule, mob rule, and authoritarian behavior. They explore the impact of Trump's presidency, proposals for democratizing democracy, and the resilience of American democracy amidst challenges.

The podcast discusses the Supreme Court's ruling on Trump's ballot eligibility under the 14th Amendment, debate on Congress's enforcement role, challenges in disqualifying insurrectionists, analyzing the January 6 events for insurrection, judicial restraint in election matters, and reflections on the Trump v. Anderson decision.

This week, the Supreme Court heard oral arguments in NetChoice v. Paxton and Moody v. NetChoice, which involved challenges to attempts by Texas and Florida to prevent social media sites from banning viewpoint discrimination. The challenges were brought by NetChoice, which argues that the laws’ content-moderation restrictions and must-carry provisions violate the First Amendment. The case could determine the future of our most important platforms, from Facebook to X to YouTube. Alex Abdo of the Knight First Amendment Institute and Larry Lessig of Harvard Law School recap the key issues in both cases; discuss the ideas raised in oral arguments; and preview the wide-ranging impacts these cases may bring.    Resources:  Moody v. NetChoice (oral argument via C-SPAN; transcript)  NetChoice v. Paxton (oral argument via C-SPAN; transcript)  Larry Lessig, Amicus Brief in Support of Respondents  Alex Abdo, Amicus Brief in Support of Neither Party  Lochner v. New York (1905)  PruneYard Shopping Center v. Robins (1980)  Zauderer v. Office of Disc. Counsel (1985)  Rumsfeld v. FAIR (2006)   Questions or comments about the show? Email us at podcast@constitutioncenter.org.Continue today's conversation on social media @ConstitutionCtr and #WeThePeoplePodcast.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.