

We the People
National Constitution Center
A weekly show of constitutional debate hosted by National Constitution Center President and CEO Jeffrey Rosen where listeners can hear the best arguments on all sides of the constitutional issues at the center of American life.
Episodes
Mentioned books

Apr 11, 2024 • 1h 1min
Lincoln, Democracy, and the American Experiment
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.

Apr 4, 2024 • 1h 1min
Founding Partisans: Hamilton, Madison, Jefferson, Adams and the Brawling Birth of American Politics
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.

Mar 29, 2024 • 1h 6min
Justice Stephen Breyer on Reading the Constitution
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.

Mar 22, 2024 • 53min
Can the Government Pressure Private Companies to Stifle Speech?
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.

Mar 14, 2024 • 1h 3min
Democracy, Populism, and the Tyranny of the Minority
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.

Mar 8, 2024 • 56min
The Supreme Court Says States Can’t Keep Trump Off the Ballot
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.

Mar 1, 2024 • 60min
Can Texas and Florida Ban Viewpoint Discrimination on Social Media Platforms?
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.

Feb 22, 2024 • 1h 5min
The Pursuit of Happiness: A Conversation with Jeffrey Rosen and Jeffrey Goldberg
On Presidents Day 2024, NCC President and CEO Jeffrey Rosen launched his new book at the NCC in conversation with Jeffrey Goldberg, editor in chief of The Atlantic. They discuss The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America. This program was recorded live on February 19, 2024, and presented in partnership with The Atlantic. Resources:
Jeffrey Rosen, The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America (2024)
Cicero, The Tusculan Disputations (ca. 45 BC)
The Quill Project
The King James Bible (1611)
Pythagoras, Stanford Encyclopedia of Philosophy
The Webster-Hayne Debates
Trump v. Anderson
“Should President Trump Be Allowed on the 2024 Ballot?,” We the People podcast (Jan. 11, 2024)
“Rhetoric of Freedom,” The Atlantic (Sept. 1999)
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.

Feb 15, 2024 • 1h 13min
The Founders, the Pursuit of Happiness, and the Virtuous Life
Panel discussion on classical writers' influence on the founding generation. Delve into virtues like humility and self-improvement. Explore Jefferson's engagement with Cicero's teachings on governance and happiness. Parallel between past debates and contemporary challenges. Importance of pocket Constitutions in shaping civic virtues. Historical transition of the pursuit of happiness and evolution of governance structures in democracy. Analysis of the shift from virtue to autonomy in politics and culture.

Feb 9, 2024 • 57min
The Constitution Drafting Project: A Discussion of Five New Amendments
Panelists discuss the Constitution Drafting Project and the agreement on five amendments. They highlight the importance of civil discourse, proposed amendments, and the significance of protecting individual rights. The discussion includes debates over the citizenship requirement for President, principles for amending the Constitution, removing incompetent members from government, term limits for Supreme Court justices, interpretations and goals of the Declaration, and expressing gratitude for the project's commitment to civil dialogue and the Constitution's ideals.


