Episodios

  • Trump v. United States and the National Security Constitution
    Jul 2 2024
    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) Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library. 
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    1 h y 2 m
  • Recapping the Supreme Court’s 2023-24 Term
    Jun 29 2024
    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) Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library. 
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    56 m
  • The Interbellum Constitution
    Jun 20 2024
    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 Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using@ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. You can find transcripts for each episode on the podcast pages in our Media Library.
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    1 h
  • Can the Constitution Serve as a Document of National Unity?
    Jun 13 2024
    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 Questions or comments about the show? Email us at podcast@constitutioncenter.org.    Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library. 
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    1 h y 3 m
  • The Trump Verdict and the Rule of Law
    Jun 6 2024
    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) Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. You can find transcripts for each episode on the podcast pages in our Media Library.
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    1 h y 2 m
  • The Supreme Court Upholds South Carolina’s Voting Map
    May 31 2024
    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) Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. You can find transcripts for each episode on the podcast pages in our Media Library.
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    58 m
  • Lincoln’s Lessons: Then and Now
    May 23 2024
    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 Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library. 
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    1 h y 1 m
  • The Battle Over Free Speech on Campus
    May 16 2024
    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) Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library. 
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    1 h y 4 m