Podcast appearances and mentions of Jeffrey Rosen

On June 7, President Trump asserted control over California's National Guard. In this episode, Professor Michael Ramsey of the University of San Diego School of Law and Liza Goitein of the Brennan Center join Jeffrey Rosen to explore the meaning of 10 U.S.C. 12406 and unpack California Governor Gavin Newsom's lawsuit challenging the legality of President Trump's actions.    Resources Michael Ramsey, “John Yoo on Presidential Authority to Use the National Guard,” The Originalism Blog (June 13, 2025)  Elizabeth Goitein, “Unpacking Trump's Order Authorizing Domestic Deployment of the Military,” The Brennan Center (June 10, 2025)  Elizabeth Goitein, “Preventing Use of National Guard to Evade Posse Comitatus Act,” Center for a New American Security (May 20, 2025) Newsom v. Trump, Northern District of California (June 12, 2025) Martin v. Mott (1827) Stay Connected and Learn More Questions or comments about the show? Email us at ⁠⁠⁠podcast@constitutioncenter.org⁠⁠⁠ Continue the conversation by following us on social media @ConstitutionCtr. ⁠⁠⁠Sign up⁠⁠⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠⁠⁠live program⁠⁠⁠ or watch recordings on ⁠⁠⁠YouTube⁠⁠⁠. Support our important work. ⁠⁠⁠Donate

Legal scholars Gillian Metzger of Columbia Law School and Saikrishna Prakash of the University of Virginia School of Law examine the founders' vision for the presidency, how presidential power has changed over time, and the key constitutional debates that have shaped the modern presidency. The discussion explores how the Trump presidency fits within this historical context and what it means for the future of presidential power. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Resources Federalist No. 70 Myers v. United States (1926) Trump v. United States (2024) Saikrishna Prakash, The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers, (2020) Saikrishna Prakash, Imperial from the Beginning: The Constitution of the Original Executive, (2015) Gillian Metzger, “Disqualification, Immunity, and the Presidency,” Harvard Law Review, Vol. 138 (April 1, 2025) Michel Martin, “Political scientists alarmed by Trump's disregard for checks on the executive branch,” NPR (Feb. 3, 2025) Stay Connected and Learn More Questions or comments about the show? Email us at ⁠⁠⁠⁠podcast@constitutioncenter.org⁠⁠⁠⁠ Continue the conversation by following us on social media @ConstitutionCtr. ⁠⁠⁠⁠Sign up⁠⁠⁠⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠⁠⁠⁠live program⁠⁠⁠⁠ or watch recordings on ⁠⁠⁠⁠YouTube⁠⁠⁠⁠. Support our important work. ⁠⁠⁠⁠Donate⁠

Gillian Metzger of Columbia Law School and Saikrishna Prakash of the University of Virginia School of Law join Jeffrey Rosen to examine the founders' vision for the presidency, review how presidential power has changed over time, and debate the constitutional questions—including the unitary executive theory—that have shaped the modern presidency. Resources Federalist No. 70, New York Packet (March 18, 1788) Myers v. United States (1926) Trump v. United States (2024) Saikrishna Prakash, The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers, (2020) Saikrishna Prakash, Imperial from the Beginning: The Constitution of the Original Executive, (2015) Gillian Metzger, “Disqualification, Immunity, and the Presidency,” Harvard Law Review, Vol. 138 (April 1, 2025) Stay Connected and Learn More Questions or comments about the show? Email us at ⁠⁠podcast@constitutioncenter.org⁠⁠ Continue the conversation by following us on social media @ConstitutionCtr. ⁠⁠Sign up⁠⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠⁠live program⁠⁠ or watch recordings on ⁠⁠YouTube⁠⁠. Support our important work. ⁠⁠Donate

How is the Constitution interpreted today? Zachary and Emma speak with Jeffrey Rosen, president and CEO of the National Constitution Center and host of its “We the People” podcast. Jeffrey is also a law professor at George Washington University and author of the upcoming book “The Pursuit of Liberty: How Hamilton vs. Jefferson Ignited the Lasting Battle Over Power in America.” They discuss the public's perception of the Supreme Court and its interpretation of the Constitution, a historical look at imperial presidencies, and predictions on how the Supreme Court might rule on President Trump's executive orders and emergency powers. What Could Go Right? is produced by The Progress Network and The Podglomerate. For transcripts, to join the newsletter, and for more information, visit: theprogressnetwork.org Watch the podcast on YouTube: ⁠⁠⁠https://www.youtube.com/theprogressnetwork⁠⁠⁠ And follow us on X, Instagram, Facebook, TikTok: @progressntwrk Learn more about your ad choices. Visit megaphone.fm/adchoices

Charles Sumner was an abolitionist senator who helped to write the post-Civil War Constitution and give birth to modern civil rights law. Zaakir Tameez, author of the new biography Charles Sumner: Conscience of a Nation, joins Jeffrey Rosen to discuss Sumner as a moral thinker, political activist, and constitutional visionary.  Resources Zaakir Tameez, Charles Sumner: Conscience of a Nation  Zaakir Tameez, “What we can learn from the senator who nearly died for democracy,” The Washington Post (June 1, 2025)  Richard Kreitner “Charles Sumner Was More Than Just a Guy Who Got Caned on the Senate Floor,” The New York Times (June 2, 2025 Stay Connected and Learn More Questions or comments about the show? Email us at ⁠podcast@constitutioncenter.org⁠ Continue the conversation by following us on social media @ConstitutionCtr. ⁠Sign up⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠live program⁠ or watch recordings on ⁠YouTube⁠. Support our important work. ⁠Donate

In celebration of Jewish American Heritage Month, authors Richard Kreitner (Fear No Pharaoh: American Jews, the Civil War, and the Fight to End Slavery) and Shari Rabin (The Jewish South: An American History) discuss their new books on the broader Jewish experience from the Revolutionary era to the Civil War, how American Jews reckoned with slavery, Jewish participation in the Civil War, and some of the key American Jews who helped shape this tumultuous era. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program is presented in partnership with the Weitzman National Museum of American Jewish History and in celebration of Jewish American Heritage Month. Resources Richard Kreitner, Fear No Pharaoh: American Jews, the Civil War, and the Fight to End Slavery, (2025) Shari Rabin, The Jewish South: An American History, (2025) Jonas Phillips, "Letter to George Washington," (Sept. 7, 1787) George Washington, "Letter to the Savannah, Ga., Hebrew Congregation," (June 14, 1790) George Washington, "Letter to the Hebrew Congregation in Newport, Rhode Island," (Aug. 18, 1790) August Bondi, Autobiography of August Bondi (1833-1907), (1910) Stay Connected and Learn More Questions or comments about the show? Email us at ⁠⁠⁠podcast@constitutioncenter.org⁠⁠⁠ Continue the conversation by following us on social media @ConstitutionCtr. ⁠⁠⁠Sign up⁠⁠⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠⁠⁠live program⁠⁠⁠ or watch recordings on ⁠⁠⁠YouTube⁠⁠⁠. Support our important work. ⁠⁠⁠Donate

In celebration of Jewish American Heritage Month, Richard Kreitner, author of Fear No Pharaoh: American Jews, the Civil War, and the Fight to End Slavery, and Shari Rabin, author of The Jewish South: An American History, join Jeffrey Rosen for a wide-ranging discussion on the Southern Jewish experience from the Revolutionary era to the Civil War. They discuss how American Jews reckoned with religious discrimination and slavery, explore Jewish participation in the Civil War, and remember some of the notable American Jews who helped shape this tumultuous era.   This conversation was originally streamed live as part of the NCC's America's Town Hall program series on May 29, 2025. It was presented in partnership with the Weitzman National Museum of American Jewish History and in celebration of Jewish American Heritage Month.    Resources Richard Kreitner, Fear No Pharaoh: American Jews, the Civil War, and the Fight to End Slavery (2025)   Shari Rabin, The Jewish South: An American History (2025)   Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Constitutional scholars Ilya Shapiro, Stephen Vladeck, and Adam White join NCC President and CEO Jeffrey Rosen to debate whether the Trump administration has overreached on executive power, analyze the relationship between the federal courts and the president, and put the present moment in historical context. This conversation was originally recorded on May 21, 2025, at George Washington's Mount Vernon.  Resources J. Michael Luttig, “The End of Rule of Law in America,” The Atlantic (May 14, 2025)  Stephen Vladeck, “What the Courts Can Still Do to Constrain Trump,” The Atlantic (April 15, 2025)  Ilya Shapiro, “Don't Throw My Executive Power in That Briar Patch!,” Shapiro's Gavel Substack (April 24, 2025)  Adam White, “WTH Is Going On with Birthright Citizenship? Adam White Explains” WTH Is Going On podcast (Jan. 30, 2025)  Stay Connected and Learn More Questions or comments about the show? Email us at ⁠⁠⁠⁠⁠podcast@constitutioncenter.org⁠⁠⁠⁠⁠ Continue the conversation by following us on social media @ConstitutionCtr. ⁠⁠⁠⁠⁠Sign up⁠⁠⁠⁠⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠⁠⁠⁠⁠live program⁠⁠⁠⁠⁠ or watch recordings on ⁠⁠⁠⁠⁠YouTube⁠⁠⁠⁠⁠. Support our important work. ⁠⁠⁠⁠⁠Donate⁠⁠

The Honorable Stephen G. Breyer, associate justice of the U.S. Supreme Court (ret.) and National Constitution Center honorary co-chair, joins Christiane Taubira, former French justice minister, for a conversation on democracy, the rule of law, and constitutional traditions from French and American perspectives. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Translation is provided by Nicholas Elliott. This program is presented in partnership with Villa Albertine's series, Democracy in an Age of Uncertainty: French and American Perspectives. The series is made possible by the generous support of the Judy and Peter Blum Kovler Foundation. Stay Connected and Learn More Questions or comments about the show? Email us at ⁠⁠podcast@constitutioncenter.org⁠⁠ Continue the conversation by following us on social media @ConstitutionCtr. ⁠⁠Sign up⁠⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠⁠live program⁠⁠ or watch recordings on ⁠⁠YouTube⁠⁠. Support our important work. ⁠⁠Donate

We've heard it before: Life, liberty, and the pursuit of happiness. But what did the Founders mean by “the pursuit of happiness,” and how do virtue and moral philosophy shape our understanding of this unalienable right? Sharon is joined by Jeffrey Rosen, President and CEO of the National Constitution Center, to explore these questions, as well as to dive deeper into the history and meaning of the pursuit of life-long virtue. Learn how six of the Framers and Founders – flaws and all – embody different virtues, and consider the importance of electing leaders who will be virtuous and uphold the principles of Democracy. Credits: Host and Executive Producer: Sharon McMahon Supervising Producer: Melanie Buck Parks Audio Producer: Craig Thompson To learn more about listener data and our privacy practices visit: https://www.audacyinc.com/privacy-policy Learn more about your ad choices. Visit https://podcastchoices.com/adchoices

Retired Supreme Court Justice David Souter passed away on May 8, 2025, at his home in New Hampshire. In this episode, his former clerks, Judge Kevin Newsom of the U.S. Court of Appeals for the 11th Circuit and Professor Jeannie Suk Gersen of Harvard Law School, join Jeffrey Rosen for a conversation on Justice Souter's life and constitutional legacy. Retired Justice Stephen Breyer also shares memories of his former colleague.  Resources Jeannie Suk Gersen, “Justice Souter Was the Antithesis of the Present,” The New Yorker (May 15, 2025)  Linda Greenhouse, “David H. Souter, Republican Justice Who Allied With Court's Liberal Wing, Dies at 85,” The New York Times (May 9, 2025) Planned Parenthood v. Casey (1992)  Bush v. Gore (2000)  Atwater v. City of Lago Vista (2001) Stay Connected and Learn More Questions or comments about the show? Email us at ⁠⁠⁠⁠podcast@constitutioncenter.org⁠⁠⁠⁠ Continue the conversation by following us on social media @ConstitutionCtr. ⁠⁠⁠⁠Sign up⁠⁠⁠⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠⁠⁠⁠live program⁠⁠⁠⁠ or watch recordings on ⁠⁠⁠⁠YouTube⁠⁠⁠⁠. Support our important work. ⁠⁠⁠⁠Donate⁠⁠

For centuries, people have tried to get to the bottom of what makes us happy. Recent studies show regular sex makes people happiest and commuting is when we're most unhappy. And, happiness levels fluctuate throughout life. “Happiness follows a u-shaped curve,” says author and columnist David Brooks. “People are happier in their twenties. They typically decline and hit their bottom happiness category at age 47 and they tend to get happier as they get older.” These findings, though, may not tell the whole story. How does the consideration of purpose, meaning, and virtue change the definition of happiness? What can we learn from ancient philosophers, America's forefathers, and our own modern-day culture about the journey to joy? Jeffrey Rosen, author of “The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America,” Sarah Lewis, founder of the Vision and Justice Project, Adam Gopnik, author of “All That Happiness Is: Some Words on What Matters,” and Tamar Gendler, dean and philosophy professor at Yale University, join Brooks to discuss the question of happiness. This talk was recorded at the 2024 Aspen Ideas Festival. aspenideas.org

Brian Kalt  of Michigan State College of Law and  Jeffrey Toobin, author of  The Pardon: The Politics of Presidential Mercy, join Jeffrey Rosen to explore the founders' vision for the pardon power and the use of the presidential pardon throughout American history—from Thomas Jefferson's pardons to those issued by Presidents Biden and Trump.  This conversation was originally streamed live as part of the NCC's America's Town Hall series on March 27, 2025.  Resources  Jeffrey Toobin, ⁠The Pardon: The Politics of Presidential Mercy⁠ (2025)  Brian Kalt, ⁠Constitutional Cliffhangers⁠ (2012)  ⁠Nixon Pardon⁠ (Gerald Ford Presidential Library)  ⁠Trump v. United States⁠ (2024)  Alexander Hamilton, ⁠The Federalist No. 74⁠, New York Packet (March 28, 1788)  Abraham Lincoln, “⁠Proclamation 124—Offering Pardon to Deserters⁠” (March 11, 1865)  ⁠United States v. Klein⁠ (1871)  ⁠Ex parte Garland⁠ (1866)  Andrew Glass, “⁠Bush pardons Iran-Contra felons, Dec. 24, 1992⁠,” Politico (Dec. 24, 2018)  ⁠Presidential Records Act⁠  Donald Trump, “⁠Granting Pardons and Commutation of Sentences for Certain Offenses Relating to the Events at or Near the United States Capitol on January 6, 2021⁠,” (Jan. 20. 2025)  Jimmy Carter, “⁠Proclamation 4483—Granting pardon for violations of the Selective Service Act, August 4, 1964, to March 28, 1973⁠,” (Jan. 21, 1973)  ⁠Pardons granted by President Barack Obama⁠  ⁠Pardons granted by President Joe Biden⁠  ⁠Pardons granted by President Bill Clinton⁠  ⁠Pardons granted by President Donald Trump⁠ Stay Connected and Learn More Questions or comments about the show? Email us at ⁠⁠⁠podcast@constitutioncenter.org⁠⁠⁠ Continue the conversation by following us on social media @ConstitutionCtr. ⁠⁠⁠Sign up⁠⁠⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠⁠⁠live program⁠⁠⁠ or watch recordings on ⁠⁠⁠YouTube⁠⁠⁠. Support our important work. ⁠⁠⁠Donate⁠⁠

On April 30, the Supreme Court heard oral arguments in Oklahoma Statewide Charter School Board v. Drummond, which examines the constitutionality of religious charter schools. In this episode, Michael McConnell of Stanford Law School and Steven Green of Willamette University join Jeffrey Rosen to recap the oral arguments, debate the meaning and history of the Free Exercise and Establishment Clauses, and survey the Court's other religion cases from this term.  Resources:  Fulton v. City of Philadelphia (2021) Carson v. Makin (2022) Michael McConnell and Nathan S. Chapman, Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience (2023) Steven Green et al. Brief of Historians and Legal Scholars as Amici Curiae In Support of Respondent, Oklahoma Statewide Charter School Board v. Drummond   Michael McConnell et al. Brief for Amici Curiae Religious Liberty Scholars In Support of Petitioners, Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission  Michael McConnell et al. Brief for Professors Douglas Laycock, Richard W. Garnett, Thomas C. Berg, Michael W. McConnell, and David M. Smolin as Amici Curiae In Support of Petitioners, Mahmoud v. Taylor  Stay Connected and Learn More Questions or comments about the show? Email us at ⁠podcast@constitutioncenter.org⁠ Continue the conversation by following us on social media @ConstitutionCtr. ⁠Sign up⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠live program⁠ or watch recordings on ⁠YouTube⁠. Support our important work. ⁠Donate

On May 15, the Supreme Court will hear oral arguments in a case challenging the constitutionality of President Trump's executive order which seeks to end birthright citizenship for the children of undocumented immigrants. Legal scholars Gabriel Chin of the University of California, Davis School of Law; Amanda Frost of the University of Virginia School of Law; Kurt Lash of the University of Richmond School of Law; and Ilan Wurman of the University of Minnesota Law School join Jeffrey Rosen to debate the scope of the citizenship clause of the Fourteenth Amendment.   Resources Gabriel J. Chin and Paul Finkelman, “Birthright Citizenship, Slave Trade Legislation, and the Origins of Federal Immigration Regulation,” UC Davis Law Review (April 8, 2021)  Ilan Wurman, “Jurisdiction and Citizenship,” Minnesota Legal Studies Research Paper No.25-27 (April 14, 2025)  Amanda Frost, “The Coming Assault on Birthright Citizenship,” The Atlantic (Jan. 7 2025)  Kurt Lash, “Prima Facie Citizenship: Birth, Allegiance and the Fourteenth Amendment's Citizenship Clause,” SSRN (Feb. 22, 2025)  Amanda Frost, Testimony Before the Subcommittee on the Constitution and Limited Government, U.S. House of Representatives (Feb. 25, 2025)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

In celebration of the 250th anniversary of the Battles of Lexington and Concord, historians Rick Atkinson, author of The British Are Coming: The War for America, Lexington to Princeton, 1775-1777; Mary Beth Norton, author of 1774: The Long Year of Revolution; and Rosemarie Zagarri, author of Revolutionary Backlash: Women and Politics in the Early American Republic, explore the events leading to the first shots of the American Revolution, the battles themselves, and the colonists' response to this pivotal moment in history. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Resources Rick Atkinson, The British Are Coming: The War for America, Lexington to Princeton, 1775-1777, (2019) Rick Atkinson, The Fate of the Day: The War for America, Fort Ticonderoga to Charleston, 1777-1780, (2025) Mary Beth Norton, 1774: The Long Year of Revolution, (2020) Mary Beth Norton, Liberty's daughters: The Revolutionary experience of American women, 1750-1800, (1980) Rosemarie Zagarri, Revolutionary Backlash: Women and Politics in the Early American Republic, (2008) Rosemarie Zagarri, A Woman's Dilemma: Mercy Otis Warren and the American Revolution (2nd ed. 2014) Townshend Act (1767) The Tea Act and the Boston Tea Party (Jamestown-Yorktown Foundation) The Intolerable Acts (Jamestown-Yorktown Foundation) Joseph Warren, “Our Country Is In Danger but Not To Be Despaired Of,” (March 6, 1775) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

In celebration of the 250th anniversary of the Battles of Lexington and Concord, historians Rick Atkinson, author of The British Are Coming: The War for America, Lexington to Princeton, 1775-1777; Mary Beth Norton, author of 1774: The Long Year of Revolution; and Rosemarie Zagarri, author of Revolutionary Backlash: Women and Politics in the Early American Republic, join Jeffrey Rosen to explore the events leading to the first shots of the American Revolution, the battles themselves, and the colonists' response to this pivotal moment in history. Resources Rick Atkinson, The British Are Coming: The War for America, Lexington to Princeton, 1775-1777  (2019)  Mary Beth Norton, 1774: The Long Year of Revolution (2020)  Rosemarie Zagarri, Revolutionary Backlash: Women and Politics in the Early American Republic (2008)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

What did “the pursuit of happiness” mean to our nation's Founders, and why was it included in the Declaration of Independence? Listed as one of America's unalienable rights, this phrase finds its roots in the classical works of the Greek and Roman moral philosophers which would have made up our Founders' libraries. Speaking to the moral character that the Founders hoped to imbue in the new American citizen, it also exemplified a dedication to the idea of personal self-government. Yet like so many of our founding documents, this phrase in the Declaration of Independence sat in stark contrast to the legality of slavery in the new nation. In conversation with David Rubenstein, constitutional expert Jeffrey Rosen explores the origins and implications of this iconic phrase in the American lexicon. Recorded on March 4, 2024

Steven Calabresi of Northwestern University and Samuel Estreicher of New York University join Jeffrey Rosen to discuss the statutory authority for President Trump's tariffs and whether they violate federal law or the Constitution. Resources Samuel Estreicher & Andrew Babbitt, “Are Tariffs an Emergency Power?,” Lawfare Blog (April 3, 2025)  Steven Calabresi, “President Trump's New Tariffs Are Unconstitutional,” Volokh Conspiracy (April 5, 2025)  Complaint for Injunctive and Declaratory Relief, Emily Ley Paper v. Trump, 3:25-cv-00464 (N.D. Fla., April 3, 2025) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

In this episode, Brian Kalt of Michigan State College of Law and Jeffrey Toobin, author of The Pardon: The Politics of Presidential Mercy, explore the founders' vision for the pardon power and the use of the presidential pardon throughout American history—from Thomas Jefferson's pardons to those issued by Presidents Biden and Trump. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Resources Jeffrey Toobin, The Pardon: The Politics of Presidential Mercy (2025) Brian Kalt, Constitutional Cliffhangers (2012) Nixon Pardon (Gerald Ford Presidential Library) Trump v. United States (2024) Alexander Hamilton, The Federalist No. 74, New York Packet (March 28, 1788) Abraham Lincoln, “Proclamation 124—Offering Pardon to Deserters” (March 11, 1865) United States v. Klein (1871) Ex parte Garland (1866) Andrew Glass, “Bush pardons Iran-Contra felons, Dec. 24, 1992,” Politico (Dec. 24, 2018) Presidential Records Act Donald Trump, “Granting Pardons and Commutation of Sentences for Certain Offenses Relating to the Events at or Near the United States Capitol on January 6, 2021,” (Jan. 20. 2025) Jimmy Carter, “Proclamation 4483—Granting pardon for violations of the Selective Service Act, August 4, 1964, to March 28, 1973,” (Jan. 21, 1973) Pardons granted by President Barack Obama Pardons granted by President Joe Biden Pardons granted by President Bill Clinton Pardons granted by President Donald Trump Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

National Constitution Center President and CEO Jeffrey Rosen leads a special panel discussion with Federal Judges Association President Judge J. Michelle Childs of the U.S. Court of Appeals for the District of Columbia Circuit; Judge M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit and past president of the Federal Judges Association; Judge Beth Bloom of the U.S. District Court Southern District of Florida; and Judge Stephen R. Bough of the U.S. District Court Western District of Missouri. The judges explore threats to the judicial branch and the importance of judicial independence and civic education in maintaining the rule of law. This program was presented in partnership with the Federal Judges Association.  Resources  Michelle Childs, Justice Jackson Lecture: “The Republic is Safe as Long as the Courts Remain Open” (April 1, 2025)  Code of Conduct for United States Judges  John Roberts, 2024 Year End Report on the Federal Judiciary (December 2024)  Federal Judges Association Civics Challenge Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Best-selling author Michael Lewis discusses his new book, Who Is Government?: The Untold Story of Public Service. As Americans' distrust in the government continues to grow, Lewis' book examines how the government works, who works for it, and why their contributions continue to matter. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.  Resources Michael Lewis, ed., Who Is Government? The Untold Story of Public Service (2025) Michael Lewis, “The free‑living bureaucrat,” The Washington Post (March 2025) Michael Lewis, “Directions to a journalistic gold mine,” The Washington Post (Nov. 2024) Michael Lewis, The Premonition: A Pandemic Story (2022) Michael Lewis, The Fifth Risk (2018) CURE ID Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Best-selling author Michael Lewis discusses his new book, Who Is Government?: The Untold Story of Public Service, with Jeffrey Rosen. As government programs face political headwinds, Lewis and his favorite writers examine the human stories of the heroic civil servants who make government work and why their contributions matter.  This conversation was originally streamed live as part of the NCC's America's Town Hall series on March 26, 2025.  Resources Michael Lewis, ed., Who Is Government? The Untold Story of Public Service (2025) Michael Lewis, “The free‑living bureaucrat,” The Washington Post (March 2025) Michael Lewis, “Directions to a journalistic gold mine,” The Washington Post (Nov. 2024) Michael Lewis, The Premonition: A Pandemic Story (2022) Michael Lewis, The Fifth Risk (2018) CURE ID Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

CNN Anchor and Chief Political Correspondent Dana Bash joins for a discussion of her book, America's Deadliest Election: The Cautionary Tale of the Most Violent Election in American History, which explores the little-known story of election violence in 1872 Louisiana, which nearly pushed American democracy to its breaking point, and what we can learn from it today. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Resources Dana Bash & David Fisher, America's Deadliest Election: The Shocking True Story of the Election that Changed American History―Uncover the Roots of America's Political Divide (2024) Colfax Massacre Reports, Teaching American History The Slaughter-House Cases (1873) United States v. Cruikshank (1875) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

In this weekend's episode, three segments from this past week's Washington Journal. First, we discuss what the Constitution says about the role of the executive branch and the importance of checks & balances with National Constitution Center President & CEO Jeffrey Rosen. Then, the Wall Street Journal's Richard Rubin discusses his recent examination of how government spending has grown and where the money is going. Finally, University of Ottawa Prof. Charles Etienne Beaudry discusses the Trump Administration's tariff threats against Canada and vows to make the nation America's "51st State."  Learn more about your ad choices. Visit megaphone.fm/adchoices

Kate Huddleston, senior legal counsel of litigation at the Campaign Legal Center, and Michael McConnell, Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford Law School, join Jeffrey Rosen to debate whether the newly created Department of Government Efficiency (DOGE) has acted lawfully in firing federal workers and freezing federal spending.  Resources Campaign Legal Center, Complaint for Declaratory and Injunctive Relief, U.S. District Court for the District of Columbia (March 3, 2025)  Michael McConnell and Laurence Tribe, “Is Musk's DOGE Dodging the Law?,” Open to Debate (March 7, 2025)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Jonathan Rauch, author of Cross Purposes: Christianity's Broken Bargain with Democracy, and Julian Zelizer, author of In Defense of Partisanship, join for a wide-ranging discussion on their new books and the rise of partisanship in America. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Resources Julian E. Zelizer, In Defense of Partisanship (2025) Jonathan Rauch, Cross Purposes: Christianity's Broken Bargain with Democracy (2025) Julian E. Zelizer, Abraham Joshua Heschel: A Life of Radical Amazement (2021) Jonathan Rauch, “Christian Renewal and the Future of American Democracy,” Brigham Young University Wheatley Institute (Jan. 24, 2025) Jeffrey Rosen, The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America (2024) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

The Washington Roundtable speaks with Jeffrey Rosen, the president and C.E.O. of the National Constitution Center, a nonpartisan nonprofit, about how America's founders tried to tyrant-proof their constitutional system, how Donald Trump's whim-based decision-making resembles that of the dictator Julius Caesar, and what we can learn from the fall of the Roman Republic. Plus, how the Supreme Court is responding to the Trump Administration's broad claims of executive power. Rosen, a professor at George Washington University Law School, hosts the “We the People” podcast and is the author of “The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America.” This week's reading: “Trump's Golden Age of Bunk,” by Susan B. Glasser “Trump's Disgrace,” by David Remnick “What Will Democratic Resistance Look Like?,” by Jay Caspian Kang “What Putin Wants Now,” by Isaac Chotiner To discover more podcasts from The New Yorker, visit newyorker.com/podcasts. To send in feedback on this episode, write to themail@newyorker.com with “The Political Scene” in the subject line. Learn about your ad choices: dovetail.prx.org/ad-choices

Jonathan Rauch, author of Cross Purposes: Christianity's Broken Bargain with Democracy, and Julian Zelizer, author of In Defense of Partisanship, join Jeffrey Rosen for a wide-ranging discussion on their new books and the rise of partisanship in America.  This conversation was originally streamed live as part of the NCC's America's Town Hall program series on March 3, 2025.  Resources Julian E. Zelizer, In Defense of Partisanship (2025)  Jonathan Rauch, Cross Purposes: Christianity's Broken Bargain with Democracy (2025)  Julian E. Zelizer, Abraham Joshua Heschel: A Life of Radical Amazement (2021)  Jonathan Rauch, “Christian Renewal and the Future of American Democracy,” Brigham Young University Wheatley Institute (Jan. 24, 2025)  Jeffrey Rosen, The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America (2024)    Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

 In his first month in office, Donald Trump has broken international agreements with allies, ended all foreign aid, voted with America's enemies in the UN, posted a plan to turn Gaza into a Trump casino and resort, purged the Pentagon of military commanders, appointed podcasters and conspiracy theorists to his cabinet, and threatened to invade or annex Canada, Greenland, and Panama. David French and Skye Jethani discuss various theories to explain Trump's approach to governing, and find one model that makes a lot of sense in an article by Jonathan Rouch. Then they contrast it with what the Founders said was necessary for the republic to survive—virtue. Finally, they discuss how the decline of virtue in American leadership may be the fruit of the church's failure to make disciples. 0:00 - French Friday's Moving to The SkyePod! 1:27 - The Theme Song 2:23 - Ukraine and Trump 8:11 - Trump 1.0 vs Trump 2.0 16:43 - Triumphalism's Shelf Life 25:53 - Bureaucracy vs Mob Boss 32:38 - Megachurches and Patrimonialism 39:38 - American Democracy and Christianity 55:52 - Prophecy's Role in MAGA 1:05:00 - End Credits One Word Describes Trump (Article by Jonathan Rauch): https://www.theatlantic.com/ideas/archive/2025/02/corruption-trump-administration/681794/ Cross Purposes: Christianity's Broken Bargain with Democracy by Jonathan Rauch: https://a.co/d/26wdqNC  Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America by Jeffrey Rosen: https://a.co/d/6Crl6Hk  

Jamelle Bouie and David French of The New York Times, Sarah Isgur of The Dispatch, and Melissa Murray of NYU School of Law join Jeffrey Rosen to discuss the relationship between the Roberts Court and the Trump administration. They discuss how the Supreme Court might resolve open legal questions—including impoundment and the unitary executive theory—and debate the Court's role in maintaining the separation of powers.   This conversation was originally recorded on February 22, 2025, as part of the NCC's President's Council Retreat in Miami, Florida.  Resources Melissa Murray (with Leah Litman and Kate Shaw), “Yes, We're in a Constitutional Crisis” Strict Scrutiny podcast (Feb. 17, 2025)  Jamelle Bouie, Michelle Cottle, David French, and Carlos Lozada, “Opinion: Don't be Fooled, ‘Trump is a Weak President'” The New York Times (Feb. 14, 2025)  David French, “The Trump Crisis Deepens,” The New York Times (Feb. 6, 2025)  Sarah Isgur and David French, “Lawless or Unwise?” Advisory Opinions podcast (Feb. 14, 2025) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

President Trump's far-reaching executive actions have given rise to a debate about whether the president is acting within the tradition of presidential power—or whether recent events represent a departure from the constitutional order and precedent. Melody Barnes of the University of Virginia Karsh Institute for Democracy, Charles Cooke of National Review, Joanne Freeman of Yale University, and Yuval Levin of the American Enterprise Institute join Jeffrey Rosen to discuss the American tradition of presidential power and evaluate analogues to our constitutional moment from across U.S. history.  This conversation was originally recorded on February 20, 2025, as part of the NCC's President's Council Retreat in Miami, Fla.  Resources Yuval Levin, “A Rule of Thumb for the Executive Power Debates,” National Review Online (February 5, 2025)  Melody Barnes et al., Karsh Institute of Democracy Statement of Principles  Melody Barnes, Corey D. B. Walker and Thad M. Williamson, “Introduction: Can We Make American Democracy Work?,” in Community Wealth Building and the Reconstruction of American Democracy (2020)  Charles Cooke, The Conservatarian Manifesto: Libertarians, Conservatives, and the Fight for the Right's Future (2015)  Charles Cooke, “The American System Works, and It Will Work If Trump Wins Again,” National Review (Dec. 15, 2023) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

The National Constitution Center and the Federal Judicial Center convene leading historians for conversations on Reconstruction and the Constitution. Martha Jones of Johns Hopkins University, Kate Masur of Northwestern University, and Dylan Penningroth of the University of California, Berkeley, delve into the broader legal and social effects of Reconstruction beyond the amendments. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program is presented in partnership with the Federal Judicial Center. Resources Kate Masur, Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction (2021) Dylan Penningroth, Before the Movement: The Hidden History of Black Civil Rights (2023) Martha S. Jones, Vanguard: How Black Women Broke Barriers, Won the Vote, and Insisted on Equality for All (2020) The American Colonization Society Dred Scott v. Sandford Stay Connected and Learn More Questions or comments about the show? Email us at programs@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

The National Constitution Center and the Federal Judicial Center convene leading historians for conversations on Reconstruction and the Constitution. Pamela Brandwein of the University of Michigan, Sherrilyn Ifill of Howard University School of Law, and Ilan Wurman of the University of Minnesota Law School explore the 14th Amendment and the history of Reconstruction. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program is presented in partnership with the Federal Judicial Center. Resources Ilan Wurman, The Second Founding: An Introduction to the Fourteenth Amendment (2020) Pamela Brandwein, Rethinking the Judicial Settlement of Reconstruction (2011) Sherrilyn Ifill, “Why are U.S. courts afraid of the 14th Amendment? Because it's radical,” The Washington Post (Nov. 23, 2023) Sherrilyn Ifill, “Yes, this is America: Why I'm Creating the 14th Amendment Center for Law and Democracy,” Substack (July 7, 2023) 14th Amendment Title VI, Civil Rights Act of 1964 The Civil Rights Bill of 1866 The Reconstruction Amendments Brown v. Board of Education Stay Connected and Learn More Questions or comments about the show? Email us at programs@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Jeffrey Rosen discusses the 14th Amendment with Sherrilyn Ifill, the head of the 14th Amendment Center for Law & Democracy at Howard Law School and the former president of the NAACP Legal Defense Fund, Pamela Brandwein, author of Rethinking the Judicial Settlement of Reconstruction, and Ilan Wurman, author of The Second Founding: An Introduction to the Fourteenth Amendment. They discuss the historical events that gave rise to the 14th Amendment and debate its original meaning. This conversation was originally streamed live as part of the NCC's America's Town Hall program series on February 10, 2025, in partnership with the Federal Judicial Center.  Resources Ilan Wurman, The Second Founding: An Introduction to the Fourteenth Amendment (2020)  Pamela Brandwein, Rethinking the Judicial Settlement of Reconstruction (2011)  Sherrilyn Ifill, “Why are U.S. courts afraid of the 14th Amendment? Because it's radical,” The Washington Post (Nov. 23, 2023)  Sherrilyn Ifill, “Yes, this is America: Why I'm Creating the 14th Amendment Center for Law and Democracy,” Substack (July 7, 2023)  14th Amendment  Title VI, Civil Rights Act of 1964  The Civil Rights Act of 1866  The Reconstruction Amendments  Brown v. Board of Education  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Since January 20, 2025, President Trump has issued dozens of executive orders, several of which have attracted legal challenges. Steve Vladeck of Georgetown University Law Center and Gary Schmitt of the American Enterprise Institute join Jeffrey Rosen to parse the flurry of executive orders and preview the lawsuits they face. Resources White House Presidential Actions  “Litigation Tracker: Legal Challenges to Trump Administration Actions”, Just Security  Steve Vladeck, “The Impoundment Crisis of 2025”, One First SubStack (Jan. 28, 2025)  Steve Vladeck, “Trump's Guantánamo Memo”, One First Substack (Jan. 30, 2025)  Gary Schmitt, “Presidential Impoundment, Explained”, The Dispatch (Jan. 17, 2025)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

As we study the Constitution and spend time reading, we can cultivate virtue and learn what the Founders meant by the “pursuit of happiness.” Jeffrey Rosen, president and CEO of the National Constitution Center, delivered this forum address on January 28, 2025. You can access the full talk here.See omnystudio.com/listener for privacy information.

The day after the 2025 presidential inauguration, leading presidential historians and contributors to the recently published compendium My Fellow Americans: Presidents and Their Inaugural Addresses, Michael Gerhardt, Kate Masur, and Ted Widmer, reflect on inaugural addresses throughout history and how they relate to a president's legacy. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Resources:  Yuvraj Singh and Ted Widmer, My Fellow Americans: Presidents and Their Inaugural Addresses (2024)  Martin Van Buren, Inaugural Address (March 4, 1837)  Donald Trump, Second Inaugural Address (Jan. 20, 2025)  Andrew Jackson, First Inaugural Address (March 4, 1829)  Andrew Jackson, Second Inaugural Address (March 4, 1833)  Grover Cleveland, Second Inaugural Address (March 4, 1893)  Abraham Lincoln, First Inaugural Address (March 4, 1861)  Abraham Lincoln, Second Inaugural Address (March 4, 1865)  Franklin D. Roosevelt, First Inaugural Address (March 4, 1933)  John F. Kennedy, Inaugural Address (Jan. 20, 1961)  Joe Biden, Inaugural Address (Jan. 20, 2021)  Stay Connected and Learn More Questions or comments about the show? Email us at programs@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Jeffrey Rosen interviews three contributors to the recently published compendium My Fellow Americans: Presidents and Their Inaugural Addresses, Michael Gerhardt, Kate Masur, and Ted Widmer. They reflect on President Trump's second inaugural speech and discuss inaugural addresses throughout American history. This conversation was originally streamed live as part of the NCC's America's Town Hall program series on Jan. 21, 2025.  Resources:  Yuvraj Singh and Ted Widmer, My Fellow Americans: Presidents and Their Inaugural Addresses (2024)  Martin Van Buren, Inaugural Address (March 4, 1837)  Donald Trump, Second Inaugural Address (Jan. 20, 2025)  Andrew Jackson, First Inaugural Address (March 4, 1829)  Andrew Jackson, Second Inaugural Address (March 4, 1833)  Grover Cleveland, Second Inaugural Address (March 4, 1893)  Abraham Lincoln, First Inaugural Address (March 4, 1861)  Abraham Lincoln, Second Inaugural Address (March 4, 1865)  Franklin D. Roosevelt, First Inaugural Address (March 4, 1933)  John F. Kennedy, Inaugural Address (Jan. 20, 1961)  Joe Biden, Inaugural Address (Jan. 20, 2021)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

The Supreme Court will determine whether a Texas law requiring age verification for adult websites violates the First Amendment. Nadine Strossen of New York Law School and Adam Candeub of Michigan State University join Jeffrey Rosen to preview oral arguments in Free Speech Coalition v. Paxton, examine the text, history, and tradition of the First Amendment, and debate whether the Texas law is constitutional. Resources:  Nadine Strossen, Defending Pornography: Free Speech, Sex, and the Fight for Women's Rights (1995, republished 2024)  Nadine Strossen, Brief of Amici Curiae First Amendment Scholars in Support of Petitioners, Free Speech Coalition v. Paxton   Adam Candeub, Amicus Curiae Brief of Scholars in Support of Respondent, Free Speech Coalition v. Paxton  Adam Candeub, “How the Supreme Court Can Protect Digital Childhood,” Law & Liberty (Jan. 9, 2025)  Free Speech Coalition, Brief for Petitioners, Free Speech Coalition v. Paxton  Attorney General Ken Paxton, Brief for Respondent, Free Speech Coalition v. Paxton  Judge Jerry Smith, Opinion of the Fifth Circuit Court of Appeals, Free Speech Coalition v. Paxton  Ginsberg v. New York (1968)  Sable v. FCC (1989)  Reno v. ACLU (1997)  Ashcroft v. ACLU (2004) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

In TikTok v. Garland, the Supreme Court will determine whether TikTok—the social media platform used by an estimated 170 million Americans—can continue to operate in the United States under the ownership of a Chinese holding company. Jameel Jaffer of Columbia Law School and Zephyr Teachout of Fordham Law School join Jeffrey Rosen to debate whether the law that forces TikTok to be sold or banned violates the First Amendment.  Resources:  Jameel Jaffer, “Brief of the Knight First Amendment Institute at Columbia University, Free Press, and PEN American Center as Amici Curiae in Support of Petitioners," TikTok v. Garland  Jameel Jaffer, “The Supreme Court Must Intervene in the TikTok Case,” The New York Times (Dec. 10, 2024)  Zephyr Teachout, “Brief of AMICI CURIAE Zephyr Teachout and Joel Thayer in Support of Respondent,” TikTok v. Garland  United States Court of Appeals for the D.C. Circuit, Opinion of the Court, TikTok v. Garland  Arcara v. Cloud Books, Inc. (1986)  Reed v. Town of Gilbert (2015)  Moody v. NetChoice (2024) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Jeffrey Rosen explores the life and legacy of Gouverneur Morris, author of the Preamble to the Constitution. Joining him are Melanie Miller, editor of the Gouverneur Morris Papers: Diaries Project, Dennis Rasmussen, Hagerty Family Fellow at Syracuse University's Maxwell School of Citizenship and Public Affairs and author of The Constitution's Penman: Gouverneur Morris and the Creation of America's Basic Charter, and William Treanor, dean of Georgetown University Law Center. This conversation was originally streamed live as part of the NCC's America's Town Hall program series on December 12, 2024.  Resources:  Dennis C. Rasmussen, The Constitution's Penman: Gouverneur Morris and the Creation of America's Basic Charter, (2023)  William M. Treanor, Gouverneur Morris and the Drafting of the Federalist Constitution, (2023)  William M. Treanor, The Case of the Dishonest Scrivener: Gouverneur Morris and the Creation of the Federalist Constitution, (2021)  Melanie Randolph Miller,  An Incautious Man: The Life of Gouveneur Morris, (2008)  Gouverneur Morris Papers  The U.S. Constitution: Preamble  The Federalist Papers  The Constitutional Convention of 1787: A Revolution in Government  Gouverneur Morris, “Slavery and Representation,” (Aug. 8, 1787)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Steven Calabresi of Northwestern Law School joins Jeffrey Rosen to discuss his new book, The Meese Revolution: The Making of a Constitutional Moment. Calabresi reviews former Attorney General Edwin Meese's instrumental role in the rise of originalism, and credits Meese with transforming the Department of Justice into an “academy in exile” where originalism was developed and put into practice.  Resources:  Steven Calabresi and Gary Lawson, The Meese Revolution: The Making of a Constitutional Moment (2024)  Edwin Meese III, Speech to the American Bar Association (7/9/1985)    Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Melanie Randolph Miller, editor of the Gouverneur Morris Papers: Diaries Project; Dennis Rasmussen, author of The Constitution's Penman: Gouverneur Morris and the Creation of America's Basic Charter; and William Treanor, dean of Georgetown Law explore the fantastic life and constitutional legacy of Gouverneur Morris: Founding Father, key member of the Committee of Style, and opponent of slavery. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Resources Dennis C. Rasmussen, The Constitution's Penman: Gouverneur Morris and the Creation of America's Basic Charter, (2023) William M. Treanor, Gouverneur Morris and the Drafting of the Federalist Constitution, (2023) William M. Treanor, The Case of the Dishonest Scrivener: Gouverneur Morris and the Creation of the Federalist Constitution, (2021) Melanie Randolph Miller, An Incautious Man: The Life of Gouveneur Morris, (2008) Gouverneur Morris Papers The U.S. Constitution: Preamble The Federalist Papers The Constitutional Convention of 1787: A Revolution in Government Gouverneur Morris, "Slavery and Representation," (Aug. 8, 1787) Stay Connected and Learn More Questions or comments about the show? Email us at programs@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Jeffrey Rosen discusses the role of religion at the founding with Jane Calvert of the John Dickinson Writings Project, Vincent Phillip Muñoz of the University of Notre Dame, and Thomas Kidd of the Midwestern Baptist Theological Seminary. They trace the framers' personal faith commitments and explore the original understanding of the relationship between church and state. This conversation was originally streamed live as part of the NCC's America's Town Hall program series on November 25, 2024. Resources:  The First Amendment, National Constitution Center exhibit  Jane E. Calvert, Penman of the Founding: A Biography of John Dickinson (2024)  Thomas Kidd, Thomas Jefferson: A Biography of Spirit and Flesh (2022)  Vincent Phillip Muñoz, Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (2022)  Thomas Kidd, God of Liberty: A Religious History of the American Revolution (2010)  Vincent Phillip Muñoz , God and the Founders: Madison, Washington, and Jefferson (2009)  Letter From George Washington to the Hebrew Congregation in Newport, Rhode Island, (Aug. 18, 1790)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

A Tennessee law prohibits transgender minors from receiving gender transition surgery and hormone therapy. Professor Kurt Lash of the University of Richmond and David Gans of the Constitutional Accountability Center join Jeffrey Rosen to debate whether the law violates the Equal Protection Clause of the 14th Amendment. Resources: Kurt Lash, Amicus Curiae in Support of Respondents, U.S. v. Skrmetti David Gans, Amicus Curiae in Support of Petitioner and Respondents in Support of Petitioner, U.S. v. Skrmetti  Bostock v. Clayton County (2020) Geduldig v. Aiello (1974) Loving v. Virginia (1967) Stay Connected and Learn More Questions or comments about the show? Email us at podcasts@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Representative Christopher Cox, author of Woodrow Wilson: The Light Withdrawn, and Geoffrey Stone of the University of Chicago join moderator Jeffrey Rosen to discuss Woodrow Wilson's constitutional and historical legacy. They explore Wilson's illiberal record in the defining constitutional battles of his time, focusing his opposition to women's suffrage, free speech, and racial equality. This conversation was originally streamed live as part of the NCC's America's Town Hall program series on November 25, 2024. Resources:  Christopher Cox, Woodrow Wilson: The Light Withdrawn (2024)  Geoffrey Stone, "Woodrow Wilson, Princeton University, and the Battles We Choose to Fight," Huffington Post (Nov. 21, 2015)  Geoffrey Stone, Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism (2004) Espionage Act of 1917 and Sedition Act of 1918  Committee on Public Information, Free Speech Center (2009; updated 2024)  The First Amendment, National Constitution Center exhibit  Susan B. Anthony Amendment, National Susan B. Anthony Museum & House  Justice Brandeis, Oyez  Stay Connected and Learn More Questions or comments about the show? Email us at podcasts@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

President-elect Trump's allies have floated the possibility of suspending Congress in order to use the Recess Appointments Clause to install Cabinet officials without Senate confirmation. In this episode, Ed Whelan of the Ethics and Public Policy Center and Thomas Berry of the Cato Institute join Jeffrey Rosen to preview this plan and debate its legal merits.  Resources:  Center for Renewing America, “Brief: On the Article II Recess Appointments Clause” (November 17, 2024)  Ed Whelan, “A Terrible Anti-Constitutional Scheme of Recess Appointments,” National Review (November 12, 2024)  Ed Whelan, “The House Has No Authority to ‘Disagree' with Senate's Decision to Remain in Session,” National Review (November 17, 2024)  Edward Whelan, “The Radical Consequences of an Immediate Senate Recess”, National Review (November 19, 2024)  Thomas Berry, “Thomas Berry (Cato Institute) on Trump's Recess Appointment Plan,” Volokh Conspiracy (November 15, 2024)  National Labor Relations Board v. Noel Canning (2014)  Alexander Hamilton, Federalist No. 76 (April 1, 1788)  Stay Connected and Learn More Questions or comments about the show? Email us at podcasts@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

In celebration of John Adams's 289th birthday, Jeffrey Rosen joins a discussion on Adams's legacy with Danielle Allen, the James Bryant Conant University Professor at Harvard University, and Jane Kamensky, president and CEO of the Thomas Jefferson Foundation. Kurt Graham, president of the Adams Presidential Center, moderates. They explore the constitutional legacy of the Adams family—including John and Abigail Adams and John Quincy and Louisa Catherine Adams—and discuss the importance of resurrecting the Adams family's tradition of self-mastery and self-improvement to defend the American Idea. This conversation was originally aired at the Adams Presidential Center as part of the 2024 Adams Speaker Series.   Resources:  Jeffrey Rosen, The Pursuit of Happiness (2024)  Jane Kamensky, The Colonial Mosaic: American Women 1600-1760 (1998)  Danielle Allen, Our Declaration: A Reading of the Declaration of Independence in Defense of Equality (2014) Stay Connected and Learn More Questions or comments about the show? Email us at podcasts@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

In celebration of Native American History Month, Jeffrey Rosen was joined by Keith Richotte Jr., author of the forthcoming book The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution and Matthew L.M. Fletcher, author of The Ghost Road: Anishinaabe Responses to Indian Hating to explore how Native American law has evolved from the Marshall Court to the present day—tracing how the Court came to grant the federal government broad authority over tribal affairs, and how tribes have begun to reassert their sovereignty under the Roberts Court.  This program was originally streamed live as part of the NCC's America's Town Hall series on November 4, 2024.   Resources:  Keith Richotte Jr., The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution (2025)  Matthew Fletcher, The Ghost Road: Ashinaabe Responses to Indian Hating (2020)  Matthew Fletcher, “Muskrat Textualism,” Northwestern Law Review (2022)  Matthew Fletcher, “The Dark Matter of Indian Law: The Duty of Protection” (June 2023)  Stay Connected and Learn More Questions or comments about the show? Email us at podcasts@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate