We the People
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.
Lincoln, Democracy, and the American Experiment
In this episode of We the People, Jeffrey Rosen has a special one-on-one conversation with the historian Allen Guelzo on his new book Our Ancient Faith: Lincoln, Democracy, and the American Experiment. They discuss Lincoln’s powerful vision of democracy, revisit his approach to tackling slavery and preserving the Union, and explain how Lincoln remains relevant as a political thinker today.  Resources Allen Guelzo, Our Ancient Faith: Lincoln, Democracy, and the American Experiment (2024)   “Lincoln’s Speeches and the Refounding of America,” NCC America’s Town Hall program (Nov. 2021)  William H. Herndon, Herndon on Lincoln: Letters (2016)  Abraham Lincoln, “Speech to the Young Men’s Lyceum of Springfield,” (1838)     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.
Apr 11
1 hr
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.
Apr 4
1 hr 1 min
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.   Resources Justice 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 28
1 hr 5 min
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 21
53 min
Democracy, Populism, and the Tyranny of the Minority
Three political scientists join Jeffrey Rosen to discuss democratic instability, backsliding, and demagogues from a historical and global perspective. Guests included Harvard’s Steven Levitsky, author of Tyranny of the Minority: Why American Democracy Reached the Breaking Point, the University of Texas-Austin’s Kurt Weyland, author of Democracy’s Resilience to Populism’s Threat, and Princeton University’s Frances Lee. This program originally aired on November 27, 2023. Resources:  Steven Levitsky and Daniel Ziblatt, Tyranny of the Minority: Why American Democracy Reached the Breaking Point  Frances Lee, “Populism and the American Party System: Opportunities and Constraints”  Kurt Weyland, Democracy’s Resilience to Populism's Threat: Countering Global Alarmism  Steven Levitsky and Daniel Ziblatt, How Democracies Die    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 14
1 hr 2 min
The Supreme Court Says States Can’t Keep Trump Off the Ballot
On Monday March 4th, the Supreme Court reversed Colorado’s decision to remove President Trump from the ballot. The Court unanimously held that individual states cannot bar insurrectionists from holding federal office under Section 3 of the Fourteenth Amendment. Five Justices went further, ruling that Congress alone may enforce Section 3. In this episode, constitutional scholars Mark Graber of the University of Maryland Law School and Michael McConnell of Stanford Law School join Jeffrey Rosen to discuss the Court’s 9-0 decision to avoid a chaotic “patchwork” of state-level ballot eligibility decisions and the 5-4 majority’s view that Section 3 requires Congress to act before an insurrectionist may be disqualified from office. Resources: Trump v. Anderson (2024) Mark Graber, “Trump’s apologists say it doesn’t matter if he’s guilty of insurrection. That’s not true”, The Guardian, (March 5, 2024) Mark Graber, The Forgotten Fourteenth Amendment: Punish Treason, Reward Loyalty (2023)  Michael McConnell, “Is Donald Trump Disqualified from the Presidency? A Response to Matthew J. Franck”, Public Discourse, (Jan. 18, 2024) Prof. 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 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 7
55 min
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 29
59 min
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 22
1 hr 5 min
The Founders, the Pursuit of Happiness, and the Virtuous Life
Jeffrey Rosen talks about his new book, The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America, followed by a panel discussion on the influence of classical writers and thinkers on the founding generation. Panelists include University of Chicago Professor Eric Slauter, Pulitzer Prize-winning columnist George Will; and Melody Barnes, executive director of UVA’s Karsh Institute of Democracy. This program was recorded live on February 9, 2024.   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   Aristotle, Nichomachean Ethics   Melody Barnes, et al, ed., Community Wealth Building and the Reconstruction of American Democracy (2020)  Karsh Institute of Democracy, University of Virginia    Eric Slauter, The State as a Work of Art: The Cultural Origins of the Constitution (2009)  Thomas Jefferson’s Recommended Reading   George Will, Statecraft as Soulcraft: What Government Does (1984)  George Will, The Conservative Sensibility (2019)  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
1 hr 12 min
The Constitution Drafting Project: A Discussion of Five New Amendments
In this week’s episode, we are sharing audio from a program hosted live from Arizona State University’s Sandra Day O’Connor College of Law and presented in partnership with ASU’s Center for Constitution Design. The program centered around a discussion of the National Constitution Center’s landmark Constitution Drafting Project, and featured members from each project team— Georgetown Law’s Caroline Fredrickson of Team Progressive, the Goldwater Institute’s Timothy Sandefur of Team Libertarian, and ASU’s Ilan Wurman of Team Conservative. They discuss their approaches to constitution drafting, review points of consensus and disagreement, and reflect on the importance of cross-partisan dialogue in today’s constitutional environment. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was presented live on February 1, 2024.  Resources:  National Constitution Center, Constitution Drafting Project  National Constitution Center, Constitution Drafting Project, “The Proposed Amendments” (PDF)  Center for Constitutional Design at Arizona State University’s Sandra Day O'Connor College of Law, 2024 Model Constitutional Convention  NCC America’s Town Hall program, Justice Stephen Breyer on the Importance of Civics Education (Oct. 6, 2022)  Jeffrey Rosen, The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America (2024)  Erwin Chemerinsky, We the People: A Progressive Reading of the Constitution for the Twenty-First Century (2018)  The Preamble to the Constitution  The Declaration of Independence  Citizens United v. Federal Election Commission (2010)    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 8
56 min
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