Episódios
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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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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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You can find transcripts for each episode on the podcast pages in our Media Library.
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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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You can find transcripts for each episode on the podcast pages in our Media Library.
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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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You can find transcripts for each episode on the podcast pages in our Media Library. -
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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You can find transcripts for each episode on the podcast pages in our Media Library. -
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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You can find transcripts for each episode on the podcast pages in our Media Library. -
In this episode, AEI’s Yuval Levin, author of American Covenant: How the Constitution Unified Our Nation—and Could Again, and Aziz Rana, professor at Boston College Law and author of The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them, join Jeffrey Rosen for a discussion about whether the Constitution has failed us or can serve as a document of national unity.
Resources:
Yuval Levin, American Covenant: How the Constitution Unified Our Nation—and Could Again (2024)
Aziz Rana, The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them (2024)
“The Modern History of Originalism,” NCC’s We the People podcast, (Aug 2023)
Article V, Interactive Constitution
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On May 30, former President Donald Trump was convicted of 34 felony counts of falsifying business records to conceal hush money payments made during the 2016 election, making him the first U.S. president to be convicted of a crime. In this episode, two leading historians of the presidency—Stephen Knott of the United States Naval War College, and bestselling and author and attorney David O. Stewart—join Jeffrey Rosen to explore presidential attacks on the judicial system and rule of law throughout American history. They also discuss what this history can teach us in the wake of the Trump criminal verdict.
Resources:
“The Trump Manhattan Criminal Verdict, Count By Count,” The New York Times (May 30, 2024)
The Indictment of Former President Trump, NCC’s We the People podcast (April 6, 2023)
History of Impeachment from Andrew Johnson to Today, NCC’s We the People podcast (February 1, 2018)
David O. Stewart, Impeached: The Trial of President Andrew Johnson and the Fight for Lincoln's Legacy (2009)
David O. Stewart, American Emperor: Aaron Burr’s Challenge to Jefferson’s America (2011)
Stephen Knott, The Lost Soul of the American Presidency: The Decline into Demagoguery and the Prospects for Renewal (2019)
Myers v. United States (1926)
United States v. Cruikshank (1875)
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On May 23, the Supreme Court issued its opinion upholding a South Carolina congressional map against a challenge from the NAACP. In Alexander v South Carolina State Conference of the NAACP, the Court found that the South Carolina legislature had conducted a partisan gerrymander, permissible under the Court’s precedents, and not an unconstitutional racial gerrymander. In this episode, two leading election and voting rights scholars, Joshua Douglas of the University of Kentucky College of Law, and Derek Muller of the University of Notre Dame Law School, join Jeffrey Rosento discuss the Alexander v. NAACP majority opinion, as well as the concurrence and dissent, and review what this decision means for the future of racial gerrymandering cases.
Resources:
Alexander v. South Carolina State Conference of the NAACP (2024)
Joshua Douglas, The Court v. The Voters: The Troubling Story of How the Supreme Court Has Undermined Voting Rights (2024)
Joshua Douglas, “Today’s Supreme Court is Anti-Voter,” Washington Monthly (May 28, 2024)
Derek Muller, “The Long Shadow of the Elections Clause,” Election Law Blog (May 29, 2024)
Derek Muller, “Faith in Elections,” 36 Notre Dame J.L. Ethics & Pub. Pol’y 641 (2022)
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In this episode, two acclaimed Lincoln historians—Sidney Blumenthal, author of the three-volume The Political Life of Abraham Lincoln, and Harold Holzer, author of the new book Brought Forth on This Continent: Abraham Lincoln and American Immigration, join Jeffrey Rosen to assess Lincoln’s life and legacy to explore similarities between the 19th century and today. This program was streamed live on March 27, 2024, as part of our America’s Town Hall series.
Resources:
Harold Holzer, Brought Forth on This Continent: Abraham Lincoln and American Immigration
Sidney Blumenthal, Wrestling With His Angel: The Political Life of Abraham Lincoln, Vol. II, 1849-1856
Abraham Lincoln, Cooper Union Address (February 27, 1860)
Harold Holzer, Lincoln at Cooper Union: The Speech That Made Abraham Lincoln President
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Over the past few weeks, protests on college campuses over the war in Gaza have sparked debate about the extent and limits of student and faculty free speech rights. In this episode, two leading First Amendment scholars, Keith Whittington of Princeton University and Geoffrey Stone of the University of Chicago, join Jeffrey Rosen to discuss the current debates over free speech on campus. They also discuss Whittington’s new book, You Can’t Teach That!: The Battle Over University Classrooms.
Resources:
Keith Whittington, You Can’t Teach That!: The Battle Over University Classrooms (2024)
Keith Whittington, Speak Freely: Why Universities Must Defend Free Speech (2019)
Keith Whittington, “Civil Disobedience Has Consequences,” The Daily Princetonian (May 10, 2024)
Keith Whittington, “What Can Professors Say in Public? Extramural Speech and the First Amendment,” Case Western L. Rev (2023)
University of Chicago, Kalven Committee: Report on the University’s Role in Political and Social Action
University of Chicago, “Report on the Committee on Freedom of Expression” (2014)
“UChicago Says Free Speech Is Sacred. Some Students See Hypocrisy,” NYTimes (May 2024)
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You can find transcripts for each episode on the podcast pages in our Media Library. -
Richard Hasen, author of A Real Right to Vote, Sarah Isgur, senior editor of The Dispatch, and Lawrence Lessig, author of How to Steal a Presidential Election, join Jeffrey Rosen for a health check on the state of American democracy. They look ahead to potential areas of vulnerability in the run-up to the 2024 election, and identify ways to strengthen our democratic processes in response. This program was streamed live on March 21, 2024, as part of our America’s Town Hall series.
Resources:
Richard L. Hasen, A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy (2024)
Lawrence Lessig and Matthew Seligman, How to Steal a Presidential Election (2024)
National Constitution Center’s We the People podcast, “The Supreme Court Says States Can’t Keep Trump Off the Ballot," (March 7, 2024)
Sarah Isgur and David French, “Indictment Watch: The Supreme Court Decides Whether States Can Disqualify Trump,” Advisory Opinions, The Dispatch (March 5, 2024)
Richard L. Hasen, “The Supreme Court Just Delivered a Rare Self-Own for John Roberts,” Slate (March 5, 2024)
Conference Report, “Carter-Baker Commission: 16 Years Later” (2021)
Amicus brief of Richard L. Hasen, Edward Foley and Ben Ginsburg, Trump v. Anderson
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You can find transcripts for each episode on the podcast pages in our Media Library. - Mostrar mais
