We the People

In its most recent round of redistricting, the South Carolina legislature changed the demographic of a congressional district, resulting in a number of Black voters being moved to a different district. Challengers argued that the state violated the 14th Amendment by unlawfully racially gerrymandering the district; while lawmakers countered that political, not racial, factors motivated the redistricting. Election law experts Rick Hasen of UCLA Law and Jason Torchinsky of the Holtzman Vogel law firm, join National Constitution Center President and CEO Jeffrey Rosen to break down this week’s oral arguments in the case, discuss the claims being made, and how the Court might evaluate them. Resources: Alexander v. South Carolina NAACP (oral argument audio / transcript) Brief of Amicus Curae Nancy Mace, et al, in support of appellants (Jason Torchinsky, counsel of record) Brief of Amicus Curae the National Republican Redistricting Trust in support of appellants (Holtzman Vogel, counsel of record)  “The Supreme Court upholds the provision prohibiting racial gerrymandering,”NPR Interview with Richard Hasen (June 2023) Richard Hasen, A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy (forthcoming 2024) “Redistricting in Alabama and the Voting Rights Act—Part 2,” We the People podcast (Oct. 2022) “Recapping Allen v. Milligan: The Court Upholds Section 2 of the VRA,” We the People podcast (June 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. 

Supreme Court heard arguments on the constitutionality of the Consumer Financial Protection Bureau's funding structure, potential effects on the administrative state, economy, and markets. Constitutional law scholars analyze the case, central questions, and funding comparisons. Influence of court on appropriations bills discussed, as well as the role of customs service. Arguments about historical analogues, accountability, and governing principle in deciding future cases.

Adam Liptak and Sarah Isgur join Jeffrey Rosen to preview the Supreme Court's October 2023 term, discussing major cases on the right to bear arms, the future of the Consumer Financial Protection Bureau, the First Amendment and social media, and more.

Scholars discuss religious liberty in America, debating religious exemptions to laws and the interpretation of the establishment and free exercise clauses. They explore court cases on religious exemptions and freedom of speech, including the role of the Religious Freedom Restoration Act. The podcast also reflects on Constitution Day and the importance of protecting freedom of religion, highlighting the significance of recognizing the religion clauses on Constitution Day.

Panel discusses challenges of free expression on college campuses. Highlights Mahoney case where cheerleader's post sparked debate on free speech in schools. Explores evolving nature of campus speech battles and threats to academic freedom. Discusses sensitivity around phrase 'both sides' and challenges in fostering diversity of viewpoints. Speaker shares personal experience facing opposition in classroom.

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.