Episodi
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On the eve of the 2024 presidential election, Jesse Wegman, member of The New York Times editorial board and author of Let the People Pick the President: The Case for Abolishing the Electoral College, and Robert Hardaway, professor at the University of Denver Sturm College of Law and author of Saving the Electoral College: Why the National Popular Vote Would Undermine Democracy, join Jeffrey Rosen to debate the Electoral College and preview potential legal challenges that might arise in the aftermath of the election. This program was originally streamed live as part of the NCC’s America’s Town Hall series on October 29, 2024.
Resources:
Robert Hardaway, Saving the Electoral College Why the National Popular Vote Would Undermine Democracy (2019)
Jesse Wegman, Let the People Pick the President: The Case for Abolishing the Electoral College (2020)
Electoral College, Article II, Section 1, Clauses 2 and 3, Interactive Constitution
National Popular Vote
Ranked Choice Voting
Article I, Section III, The Senate, Interactive Constitution
Cass Sunstein, “On Jan. 6, Will Vice President Harris Certify the Election?,” Wall Street Journal, Oct. 25, 2024
Gary Lawson and Jack Beerman, “Congressional Meddling In Presidential Elections: Still Unconstitutional After All These Years; A Comment On Sunstein,” April 2023
“The Very Real Scenario Where Trump Loses and Takes Power Anyway,” Politico, Oct. 20, 2024
Moore v. Harper (2023)
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This week, the National Constitution Center convened the 2024 National First Amendment Summit, in partnership with FIRE and NYU’s First Amendment Watch. America’s leading legal thinkers joined for a vigorous discussion on the state of free speech in America and around the globe. “Free Speech on Campus Today” features Mary Anne Franks, author of the new book Fearless Speech: Breaking Free from the First Amendment; FIRE’s Vice President of Campus Advocacy Alex Morey; and Keith Whittington, author of You Can't Teach That!: The Battle over University Classrooms. “Free Speech In and Out of the Courts” features Nadine Strossen, author of Free Speech: What Everyone Needs to Know; Jonathan Turley, author of the new book The Indispensable Right: Free Speech in an Age of Rage; and Kenji Yoshino of NYU School of Law and Meta's Oversight Board.
Resources:
2024 National First Amendment Summit
FIRE: Foundation for Individual Rights and Expression
NYU’s First Amendment Watch
Mary Ann Franks, Fearless Speech: Breaking Free from the First Amendment (2024)
Keith Whittington, You Can’t Teach That!: The Battle over University Classrooms (2024)
Nadine Strossen, Free Speech: What Everyone Needs to Know (2023)
Jonathan Turley, The Indispensable Right: Free Speech in an Age of Rage (2024)
Meta Oversight Board
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Episodi mancanti?
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Last week, the Supreme Court heard oral arguments in Glossip v. Oklahoma, a case challenging the constitutionality of Richard Glossip’s conviction and sentencing to death for a 1997 murder. In this episode, Paul Cassell of the University of Utah and Andrea Miller of the Oklahoma Innocence Project join Jeffrey Rosen to recap the oral arguments and debate whether or not Glossip’s conviction should stand in light of newly revealed documents that allegedly suggest prosecutorial misconduct.
Resources:
Glossip v. Oklahoma, Supreme Court oral argument (audio via C-SPAN; transcript)
Brief of Amicus Curiae the Innocence Project in Support of Petitioner Richard Eugene Glossip, Glossip v. Oklahoma
Paul G. Cassell, “Brief of Victim Family Members Derek Van Treese, Donna Van Treese, and Alana Mileto as Amici Curiae in Support of Affirming the Judgment Below,” Glossip v. Oklahoma
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This week, the Supreme Court heard oral arguments in Garland v. VanDerStok, a case challenging the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to regulate “ghost guns” under the Gun Control Act. In this episode, Clark Neily of the Cato Institute and Dru Stevenson of the South Texas College of Law join Jeffrey Rosen to recap the oral arguments and debate whether ghost guns—which are untraceable weapons without serial numbers, assembled from components or kits that can be bought online—may be regulated as firearms.
Resources:
Garland v. VanDerStok (oral argument audio via CSPAN; argument transcript)
Dru Stevenson, quoted in: “‘Ghost guns’ in the crosshairs”, BusinessDay (March 7, 2024)
Drury Stevenson, “Shall Not Be Infringed,” (July 2024)
Clark Neily, quoted in: “Will ‘sigh of relief’ after US supreme court gun ruling be short-lived?,” The Guardian (June 22, 2024)
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In this episode, Anne Applebaum, Pulitzer Prize-winning historian and staff writer for The Atlantic, joins to discuss her newest book, Autocracy, Inc.: The Dictators Who Want to Rule the World, which explores how autocracies work together to undermine the democratic world, and how democracies should organize to defeat them. She joins Jeffrey Rosen to discuss new threats from autocratic leaders at home and around the world and how liberal democracies should fight these threats.
Resources:
Anne Applebaum, Autocracy, Inc.: The Dictators Who Want to Rule the World (2024)
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This week, the National Constitution Center held its annual Liberty Medal ceremony honoring America’s storyteller, Ken Burns, for illuminating the nation’s greatest triumphs and tragedies and inspiring all of us to learn about the principles at the heart of the American idea. In this episode, Jeffrey Rosen and Burns’s co-director Sarah Botstein talk about Burns’s life and work, followed by Ken Burns’s inspiring acceptance speech. Burns then sits down with Rosen for a conversation about the American Idea.
Resources:
The National Constitution Center’s 2024 Liberty Medal Ceremony
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On September 17, 2024, the Honorable Neil M. Gorsuch, associate justice of the U.S. Supreme Court and NCC honorary co-chair, and his co-author and former law clerk Janie Nitze, joined Jeffrey Rosen for an America’s Town Hall program in celebration of Constitution Day 2024 and the release of their latest book, Over Ruled: The Human Toll of Too Much Law.
Resources:
Neil M. Gorsuch and Janie Nitze, Over Ruled: The Human Toll of Too Much Law (2024)
National Constitution Center: Constitution 101 with Khan Academy
National Constitution Center Classroom resources: Federalism
National Constitution Center Classroom resources: Federalism and the Separation of Powers
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On September 12, 2024, best-selling author, philanthropist, and National Constitution Center Trustee David Rubenstein joined Jeffrey Rosen at the Center in Philadelphia to discuss his new book, The Highest Calling: Conversations on the American Presidency. The book, which features interviews with presidential historians and living U.S. presidents, chronicles the journeys of the leaders who have defined America. They discuss the duties and responsibilities of the presidency, the triumphs and failures of its officeholders, and the future of the role in the twenty-first century.
Resources:
David Rubenstein, The Highest Calling: Conversations on the American Presidency (2024)
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You can find transcripts for each episode on the podcast pages in our Media Library.
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On September 17, Constitution Day, Patrick Spero—the incoming chief executive officer of the American Philosophical Society’s Library & Museum in Philadelphia—will release his new book, The Scientist Turned Spy: André Michaux, Thomas Jefferson, and the Conspiracy of 1793. It explores the incredible story of an explorer, André Michaux, drawn into a plot orchestrated by the French government to exploit tensions between American settlers and Spanish authorities in the Louisiana region, with the aim of setting up an independent republic. In this episode, Spero joins Jeffrey Rosen to discuss the history of this conspiracy and explore new evidence implicating Thomas Jefferson in the plot, as well as the American Philosophical Society and Jefferson’s role in it.
Resources:
The Scientist Turned Spy: André Michaux, Thomas Jefferson, and the Conspiracy of 1793 (2024)
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In July, U.S. District Judge Aileen Cannon dismissed a criminal case charging former President Donald Trump with hoarding classified documents at his home in Mar-a-Lago and obstructing justice. Judge Cannon reasoned that the prosecutor in this case, Special Counsel Jack Smith, was not properly appointed by the Justice Department. Matthew Seligman of Stanford Law School and Josh Blackman of the South Texas College of Law Houston, who argued before Judge Cannon on opposite sides of this issue, join Jeffrey Rosen to debate the legal basis for the special counsel role.
Resources:
United States v. Nixon (1974)
Trump v. United States (2024)
Josh Blackman and Seth Barrett Tillman, Brief of Professor Seth Barrett Tillman and Landmark Legal Foundation as Amici Curiae in Support of Defendant Trump’s Motion to Dismiss the Indictment, United States v. Trump (March 21, 2024)
Matthew Seligman, Motion for Leave to File Brief by Constitutional Lawyers, Former Government Officials, and State Democracy Defenders Action as Amici Curiae in Opposition to Defendant Donald J. Trump’s Motion to Dismiss, United States v. Trump (April 3, 2024)
Judge Aileen Cannon, Order Granting Motion to Dismiss Superseding Indictment Based on Appointments Clause Violation, United States v. Trump (July 15, 2024)
Jack Smith, Brief for the United States, United States v. Trump, Eleventh Circuit Court of Appeals (August 26, 2024)
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Charles Cooke of the National Review, Melody Barnes of the University of Virginia, and Sean Wilentz of Princeton University explore the debate about the core values of the American Idea—liberty, equality, democracy, and federalism—throughout American history and model the way in which Americans of different perspectives can come together in the spirit of civil dialogue. This program was recorded live on February 9, 2024.
Resources:
Sean Wilentz, The Rise of American Democracy: Jefferson to Lincoln (2008)
Sean Wilentz, The Politicians and the Egalitarians: The Hidden History of American Politics (2016)
Charles Cooke, The Conservatarian Manifesto: Libertarians, Conservatives, and the Fight for the Right’s Future
Charles Cooke, “The American System Works, and It Will Work If Trump Wins Again” (2023)
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)
Melody Barnes (and others), “Hate-fueled violence is ripping apart our cities and nation. We need to stop it.,” USA Today (2022)
Melody Barnes and Caroline Janney, “Opinion: In a civil war, accountability must precede healing,” The Washington Post (2021)
Melody Barnes, “Opinion: It’s time for Sally Hemings to show us the unvarnished Thomas Jefferson,” The Washington Post (2018)
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Steven Hahn, author of Illiberal America: A History, and Manisha Sinha, author of The Rise and Fall of the Second American Republic: Reconstruction, 1860–1920, join Thomas Donnelly to explore the history of illiberalism in America and to assess illiberal threats facing our democracy today.
Resources:
Steven Hahn, Illiberal America: A History (2024)
Manisha Sinha, The Rise and Fall of the Second American Republic: Reconstruction, 1860-1920 (2024)
Abraham Lincoln, “ "Speech to the Young Men’s Lyceum of Springfield” (1838), Founders’ Library
13th Amendment, Interactive Constitution
Fugitive Slave Act of 1850, Founders’ Library
Steven Hahn, The Roots of Southern Populism: Yeoman Farmers and the Transformation of the Georgia Upcountry, 1850-1890 (1985)
Marcia Coyle, “The U.S. Supreme Court Cases Built on a ‘Rotten Foundation’,” Constitution Daily (May 2022)
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You can find transcripts for each episode on the podcast pages in our Media Library.
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August 8, 2024, marks the 50th anniversary of Richard Nixon’s resignation as president of the United States. His resignation came after the House Judiciary Committee voted recommend Nixon’s impeachment for high crimes and misdemeanors— which would have been the first impeachment since that of Andrew Johnson in 1868. In this episode, historians Garrett Graff, author of Watergate: A New History (2022), and Robert Doar, president of AEI, join Jeffrey Rosen to discuss Nixon’s resignation and its enduring legal legacy.
Resources:
Garrett Graff, Watergate: A New History (2022)
Garrett Graff, “A Vice President’s Life Can Change in a Flash. Nothing is the Same After,” Washington Post (July 23, 2024)
Robert Doar, “Five Lessons from the Nixon Impeachment Inquiry,” AEI Blog (Oct. 3, 2019)
Robert Doar, Opening Remarks, “The Impeachment of Richard Nixon: Reflections on the 50th Anniversary,” AEI (July 25, 2024)
New York Times Co. v. United States (The Pentagon Papers Case) (1971)
United States v. Nixon (The Tapes Case) (1974)
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This week, President Joe Biden announced a three-fold plan to reform the Supreme Court. The proposal includes a constitutional amendment that no former president is immune from prosecution for crimes committed in office, 18-year Supreme Court term limits, and a binding code of conduct for Supreme Court Justices. In this episode, constitutional historians Keith Whittington of Yale Law School and Anthony Michael Kreis of Georgia State University and author of the new book Rot and Revival: The History of Constitutional Law in Political Development, join Jeffrey Rosen to discuss the mechanics and merits of President Biden’s proposed court reforms and delve into the relationship between politics and the judiciary from the founding until today.
Resources:
President Joe Biden, “My plan to reform the Supreme Court and ensure no president is above the law,” The Washington Post (July 29, 2024)
Presidential Commission on SCOTUS
Anthony Michael Kreis, Rot and Revival: The History of Constitutional Law in Political Development (2024)
Keith Whittington, Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present (2019)
Keith Whittington, Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History (2007)
“Can Congress enact Supreme Court term limits without a constitutional amendment?,” Constitution Daily (July 2024)
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Georgetown Law Professor Randy Barnett is the author of A Life for Liberty: The Making of an American Originalist, a new memoir about his remarkable legal career. He joins Jeffrey Rosen to discuss his role in the evolution of originalism from a philosophy of judicial restraint to one of constitutional conservatism dedicated to restoring “the lost Constitution.”
Resources:
Randy Barnett, A Life for Liberty: The Making of an American Originalist (2024)
Randy Barnett, Restoring the Lost Constitution: The Presumption of Liberty (2014)
Randy Barnett, “Two Conceptions of the Ninth Amendment,” (1989)
Ronald Dworkin, Taking Rights Seriously (1978)
Antonin Scalia, “Originalism: The Lesser Evil,” (1989)
National Federation of Independent Business v. Sebelius (2012)
“Originalism: A Matter of Interpretation,” NCC America’s Town Hall Program (2022)
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Judge David Tatel’s new memoir, Vision: A Memoir of Blindness and Justice, recalls his remarkable legal career. In this episode, Judge Tatel joins Jeffrey Rosen to discuss his experience as a civil rights lawyer, landmark cases he presided over as a federal judge, the challenges his blindness posed, and how he overcame them.
Resources:
Judge David S. Tatel, Vision: A Memoir of Blindness and Justice (2024)
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On July 1, 2024, the Supreme Court handed down its 6-3 ruling in the landmark case Trump v. United States, finding that the president is entitled to presumptive immunity from prosecution for all official acts, but not for unofficial acts. In this episode, Sai Prakash of the University of Virginia Law School and Michael McConnell of Stanford Law School join Jeffrey Rosen to delve into the Supreme Court’s immunity decision and explore the history of presidential power and immunity from the founding to present day, and whether the Court’s decision comports with the original understanding of the Constitution.
Resources:
Trump v. United States (2024)
Loper Bright Enterprises v. Raimondo (2024)
Michael McConnell, The President Who Would Not Be King: Executive Power Under the Constitution (2020)
“Former Federal Judge Michael McConnell Discusses Presidential Immunity and Trump Cases with Pam Karlan,” Stanford Legal podcast
Sai Prakash, Imperial from the Beginning: The Constitution of the Original Executive (2015)
Sai Prakash, The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers (2020)
“Does the Supreme Court ruling make the president a king? Not quite, says this Virginia law professor,” WTOP News (July 2, 2024)
Sai Prakash, Prosecuting and Punishing Our Presidents, Texas Law Review (Nov. 2021)
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In this episode, Harold Hongju Koh of Yale Law School, Deborah Pearlstein of Princeton University, and Matthew Waxman of Columbia Law School join Jeffrey Rosen for a conversation to explore Trump v. United States and the updated edition of Koh’s landmark book, The National Security Constitution in the Twenty-First Century. This program originally streamed live on July 1, 2024 as part of the NCC’s America’s Town Hall program series.
Resources:
Harold Koh, The National Security Constitution in the Twenty-First Century (2024)
Trump v. United States (2024)
Loper Bright Enterprises v. Raimondo (2024)
United States v. Curtiss-Wright Export Corp. (1936)
Youngstown Sheet & Tube Co. v. Sawyer (Steel Seizure Case) (1952)
The Pacificus-Helvidius Debates of 1793-1794
Deborah Pearlstein, “Lawyering the Presidency,” The Georgetown Law Journal (2022)
Deborah Pearlstein, “The Executive Branch Anticanon,” Fordham Law Review (2020)
Matthew C. Waxman, “War Powers Reform: A Skeptical View,” Yale L. J. Forum (2024)
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As the Supreme Court term nears its end, the Court has issued a series of decisions in many blockbuster cases, including overturning Chevron deference, upholding a law disarming domestic violence offenders and applying obstruction laws to January 6 prosecutions. Sarah Isgur of The Dispatch and Marcia Coyle of The National Law Journal join Jeffrey Rosen to review the Supreme Court’s most important decisions from this term so far.
Resources:
Fischer v. United States (2024)
Loper Bright Enterprises v. Raimondo (2024)
United States v. Rahimi (2024)
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In this episode, political theorist William B. Allen, editor and translator of a new edition of Montesquieu’s The Spirit of the Laws, and Alison LaCroix, author of The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms, join Jeffrey Rosen to explore the intellectual foundations—from Montesquieu and beyond—of constitutional interpretation from the founding to the Civil War. They also discuss historical practice and tradition in interpreting the Constitution throughout the interbellum period, and how this history applies to debates over constitutional interpretation today. This program was streamed live on June 17, 2024, as part of our America’s Town Hall series.
Resources:
• Alison LaCroix, The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms, 2024
• Montesquieu, ‘The Spirit of the Laws’: A Critical Edition, edited and translated by W. B. Allen, 2024
• The Commerce Clause
• Alison LaCroix, “James Madison v. Originalism,” Project Syndicate (Aug. 26, 2022)
• 10th Amendment
• Andrew Jackson, Proclamation Regarding Nullification, (December 10, 1832)
• Martin v. Hunter's Lessee (1816)
• Preamble to the Constitution
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