Last week, the Supreme Court issued an order in a case—Merrill v. Milligan—about voting district maps in Alabama. After the 2020 census, Alabama drew new maps for seven districts, which would determine the seats in the House of Representatives. Of those seven, one district has a majority Black population. A lower court ordered Alabama to redraw the maps so that two districts have majority Black populations, finding that the current plan violated Section 2 of the Voting Rights Act. The Supreme Court, in a 5-4 vote, temporarily put that ruling on hold, with Chief Justice Roberts siding with the three liberal justices. So—what does it all mean for voting rights in Alabama, and for the Voting Rights Act itself? In this episode we dig into the issues surrounding Section 2 of the Voting Rights Act and how its interpretation could affect voting across the country. Joining host Jeffrey Rosen are Rick Hasen, Chancellor’s Professor of Law and Political Science at the University of California, Irvine, and co-director of the Fair Elections and Free Speech Center; and Matthew Clark, executive director of the Alabama Center for Law & Liberty.   The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. 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.

We the People

Redistricting in Alabama and the Voting Rights Act

The National Constitution Center is launching a multi-year initiative exploring the history and meaning of the First Amendment, anchored by the magnificent 50-ton First Amendment tablet newly installed at the Center overlooking Independence Mall. The giant tablet was previously engraved, fabricated and erected in 2007 at the Newseum in Washington, D.C. After the Newseum closed in 2019, the Freedom Forum donated the tablet to the Center. In conjunction with the initiative, Jeffrey Rosen is joined by First Amendment experts Robert Post and Keith Whittington to discuss the origins of the First Amendment, its importance in American society, and several of the most important Supreme Court cases centering around free speech. Robert Post is a Sterling Professor of Law at Yale Law School and author of Citizens Divided: A Constitutional Theory of Campaign Finance Reform. Keith Whittington is the William Nelson Cromwell Professor of Politics at Princeton University and the author of Speak Freely: Why Universities Must Defend Free Speech.   The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. 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.

How Free Speech Under the First Amendment Developed

Last week, Justice Stephen G. Breyer announced his decision to retire after 28 years on the U.S. Supreme Court. To reflect on his legacy, both personal and professional, today’s episode is a two-part conversation with guests who have unique insights into Justice Breyer’s life and work. Joining host Jeffrey Rosen for the first part of the conversation are two former law clerks to Justice Breyer. Neal Katyal, who clerked for Justice Breyer from 1996 – 1997, is a partner at Hogan Lovells and the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law Center, and Theodore Ruger, who clerked for Justice Breyer from 1997 – 1998, is the Dean of the University of Pennsylvania Carey Law School and Bernard G. Segal Professor of Law. For the second part of the conversation, Nell Breyer, executive director of the Marshall Scholars Association and Foundation and Justice Breyer’s daughter, joins us to share some family memories and life lessons learned from her dad.   The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. 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.

Justice Breyer’s Constitutional Legacy

Earlier this month, President Biden voiced support for getting rid of the filibuster, looking to ease the path of voting rights legislation in Congress. But Senators Joe Manchin and Krysten Sinema opposed the change. The legislation has been stalled, and debate over the filibuster runs high once again.  Joining host Jeffrey Rosen to discuss the history, constitutionality, and calls for reform of the filibuster are two of the nation’s leading experts on congressional power and practices. Josh Chafetz is a professor of law at the Georgetown University Law Center, and Jay Cost is the Gerald R. Ford nonresident senior fellow at the American Enterprise Institute. His newest book is James Madison: America's First Politician. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support.   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.

Congress, the Filibuster, and the Constitution

The nation celebrated Martin Luther King Jr. Day this week, honoring what would have been his 93rd birthday. In this special episode of We the People, we examine King’s thinking about the relationship between the Declaration of Independence and the Constitution, as well as his views on agape and universal love, and more, through a close reading and analysis of some of his most significant speeches and writings. Joining host Jeffrey Rosen are two of the nation’s leading experts on civil rights and American history. William Allen is emeritus dean and professor of political philosophy at Michigan State University and Hasan Kwame Jeffries is associate professor of history at The Ohio State University, where he teaches courses on the civil rights and Black Power movements.  Speeches and writings discussed include: “An Experiment in Love,” A Testament of Hope: The Essential Writings and Speeches, by Martin Luther King Jr. (1958) King’s essay discussing the concept of agape and how it undergirds nonviolent resistance. “Pilgrimage to Nonviolence,” by Martin Luther King Jr. (1958) King’s essay explaining the intellectual and philosophical influences that led him to embrace agape and nonviolent resistance. “Letter from Birmingham Jail,” by Martin Luther King Jr. (April 16, 1963) King's seminal open letter — written from a jail in Birmingham, Alabama — on civil disobedience, justice, and the ethics of violating unjust laws. “I Have A Dream,” by Martin Luther King Jr. (August 28, 1963) King's iconic speech on the steps of the Lincoln Memorial about civil rights, freedom, and equality “Our God is Marching On,” by Martin Luther King Jr. (March 25, 1965) King’s speech at the conclusion of the marches from Selma to Montgomery “Beyond Vietnam,” by Martin Luther King Jr. (1967) King’s speech at New York’s Riverside Church condemning the Vietnam War “Where Do We Go From Here?” by Martin Luther King Jr. (1967) King’s speech on the future of the civil rights movement, given at the Southern Christian Leadership Conference in Atlanta, Georgia. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. 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.

MLK, the Declaration, and the Constitution

The Electoral Count Act of 1887 dictates the congressional procedure for certifying electoral college results in a presidential election. The Act was passed in response to the presidential election of 1876—where Democrat Samuel Tilden won the popular vote, but lost the presidency to Republican Rutherford B. Hayes because of contested results in three states—in an effort to avoid future contested elections But a large bipartisan group of election law scholars and politicians across the political spectrum have argued that the law creates more confusion and needs to be reformed. Today on We the People, we’re doing a deep dive into the Electoral Count Act and proposals for fixing it—which have gained traction after the events of January 6, 2020, when members of Congress challenged the electoral slates of several states and some, along with President Trump, asked Vice President Pence not to certify these votes, which would have switched the presidential election results from Joe Biden to Trump.   Joining host Jeffrey Rosen are two election law experts who co-authored an op-ed in The Washington Post titled “How Congress can fix the Electoral Count Act. Ned Foley holds the Ebersold Chair in Constitutional Law at The Ohio State University, and he also directs its election law program. Brad Smith is the Josiah H. Blackmore II/Shirley M. Nault Professor of Law at Capital University Law School. And from 2000-2005, he served on the Federal Election Commission.   The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support.   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.

The Case for Reforming the Electoral Count Act

On January 7 the Supreme Court will hear oral argument in a set of cases challenging the Biden administration’s Covid vaccine mandates. Under one mandate, employers with more than 100 employees must require those employees to be vaccinated, or be tested for Covid on a weekly basis. Under the other mandate, any health care facility that participates in Medicare or Medicaid must ensure that all their workers are fully vaccinated. Joining host Jeffrey Rosen are two attorneys who filed amicus briefs in these cases. John Masslon, senior litigation counsel at Washington Legal Foundation, filed an amicus brief arguing against the legality of the mandates, and Deepak Gupta, founding principal of Gupta Wessler and instructor at Harvard’s Supreme Court Litigation Clinic, filed an amicus brief in support of the legality of the mandates on behalf of the American Public Health Association. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support.   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.

Will the Supreme Court Strike Down Biden’s Vaccine Mandates?

How have poets and poetry—from John Milton to Mercy Otis Warren and Phillis Wheatley—influenced the Constitution and America’s core democratic principles? Join Vincent Carretta, editor of the Penguin Classics editions of the Complete Writings of Phillis Wheatley and professor emeritus of English at the University of Maryland, Eileen M. Hunt, full professor of political science at the University of Notre Dame, and Eric Slauter, associate professor and director of the Karla Scherer Center for the Study of American Culture at the University of Chicago, for a discussion exploring the ways poetry has intersected with the Constitution and constitutional ideas throughout American history. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program originally aired on our companion podcast, Live at the National Constitution Center. Check it out on Apple Podcasts, Spotify, or wherever you get your podcasts.. We’ll be back next week to kick off another year of lively and civil constitutional debates. Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution. Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Live at the NCC: Poetry and the Constitution

In this episode, we look back on the events of 2021 from a constitutional perspective—from a violent mob storming the Capitol in January, to the inauguration of President Biden, and the convergence of a new Supreme Court with the addition of Justice Amy Coney Barrett; from key Supreme Court cases about religious liberty, voting rights, abortion, and guns, and finally, continuing questions about the scope of individual rights and government power amidst the continuing coronavirus pandemic. As 2021 comes to a close, we look back on how this year will be remembered in constitutional history. Joining host Jeffrey Rosen for the conversation are Adam Liptak, Supreme Court reporter for The New York Times, and Jennifer Mascott, assistant professor of law at the Antonin Scalia Law School at George Mason University.   The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support.   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.

2021: A Constitutional Year in Review

Last spring, President Biden issued an executive order to form the Presidential Commission on the Supreme Court of the United States, a bipartisan commission charged with examining proposals for Supreme Court reform. The commission, made up of more than 30 of the nation’s leading legal scholars and experts on the judiciary, submitted a 294-page report to the president last week.  Some of the proposals examined in the report include court expansion, term limits, and jurisdiction stripping, as well as the Court’s larger role in the constitutional system. Host Jeffrey Rosen is joined by two members of the commission: Tara Leigh Grove, professor at the University of Alabama School of Law, and Keith Whittington, professor of politics at Princeton University. They lay out the cases for and against each proposal, and discuss the complications involved in implementing any of them.   The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. 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.

Should the Supreme Court Be Reformed?

This week, the Supreme Court heard oral argument in Carson v. Makin, which centers around the free exercise clause, and public funding for religious education. The issue is whether a state—in this case, Maine, violates the First Amendment by prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious, or “sectarian,” instruction. In Maine, not all school districts have their own public secondary schools. For students in those districts, the state will pay for them to attend private high schools— unless the private school has a religious affiliation. The petitioners in this case are parents who are seeking that state funding for their son to attend a religious private school.  Host Jeffrey Rosen is joined by Erwin Chemerinsky, Dean of the UC Berkeley School of Law and co-author of The Religion Clauses: The Case for Separating Church and State, and Michael McConnell, Richard and Frances Mallery Professor of Law at Stanford, and Director of the Constitutional Law Center at Stanford Law School. They discuss the history of religious schooling and public funding in America under the Constitution, including from the founding onward; what historical precedent means for how to understand and interpret the religious freedom clauses of the First Amendment; and how the Court might rule in the case. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit constitutioncenter.org/wethepeople, and thank you for your crucial support. 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.

Student Aid, Religious Education, and the First Amendment

This week, the Supreme Court heard oral arguments in Dobbs v. Jackson Women’s Health Organization: a case challenging Mississippi’s law that bans abortion after 15 weeks. The issue in the case is whether all pre-viability prohibitions on elective abortions are unconstitutional—and the outcome could challenge the future of Supreme Court precedent on abortion from Roe v. Wade to Planned Parenthood v. Casey. In our last episode, we were joined by two experts to preview the issues in Dobbs. (Be sure to listen to The Dobbs v. Jackson Case –  Part 1 episode if you haven’t already!) Today, they return to help us unpack the oral arguments. Host Jeffrey Rosen is joined by Mary Ziegler, the Stearns Weaver Miller Professor at Florida State University College of Law and author of Abortion and the Law in America: A Legal History, Roe v. Wade to the Present, and O. Carter Snead, professor of law at Notre Dame Law School and director of the de Nicola Center for Ethics and Culture. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit constitutioncenter.org/wethepeople and thank you for your crucial support. Additional resources and transcript are available in our Media Library at constitutioncenter.org/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.

The Dobbs v. Jackson Case — Part 2

On this week’s episode, we preview Dobbs v. Jackson Women’s Health Organization, a case challenging Mississippi’s law that bans abortion after 15 weeks, which comes before the Supreme Court on December 1. The issue in the case is whether all pre-viability prohibitions on elective abortions are unconstitutional—and the outcome could challenge the future of Supreme Court precedent on abortion from Roe v. Wade to Planned Parenthood v. Casey. In another recent case, Justice Kavanaugh laid out three criteria for overturning a precedent believed to be wrongly decided. In this episode, we use these criteria to examine the arguments on either side, and then next week we’ll be back with a part two, recapping the oral arguments. Host Jeffrey Rosen is joined by Mary Ziegler, the Stearns Weaver Miller Professor at Florida State University College of Law and author of Abortion and the Law in America: A Legal History, Roe v. Wade to the Present, and O. Carter Snead, professor of law at Notre Dame Law School and director of the de Nicola Center for Ethics and Culture. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit constitutioncenter.org/wethepeople and thank you for your crucial support. Additional resources and transcript are available in our Media Library at https://constitutioncenter.org/interactive-constitution/media-library. 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.

The Dobbs v. Jackson Case — Part 1

November 19, 2021 marks the 158th anniversary of President Abraham Lincoln’s Gettysburg Address. This week’s episode highlights the landmark speech, its historical and constitutional significance, and its continued relevance today. Host Jeffrey Rosen is joined by historians Kate Masur of Northwestern University and Sean Wilentz of Princeton University. Through a close, line-by-line read of the speech they analyze its rhetoric, highlight its references to other founding documents including the Declaration of Independence, and illuminate its dire historical context memorializing the Civil War’s bloodiest battle at a crucial turning point. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit constitutioncenter.org/wethepeople  and thank you for your crucial support.  Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution. Questions or comments about the show? Email us at podcast@constitutioncenter.org.

The Gettysburg Address

On this week’s episode, We the People examines United States v. Vaello-Madero, a case involving U.S. citizen Jose Luis Vaello-Madero who claims the exclusion of Puerto Ricans from the Supplemental Security Income program violates the Constitution. Vaello-Madero began receiving Supplemental Security Income while living in New York but then moved back to Puerto Rico. When the government found that out, it cut off Vaello-Madero's benefits and sued him because SSI is available in all 50 states, the District of Columbia, and the Northern Mariana Islands, but not in Puerto Rico or other U.S. territories. Host Jeffrey Rosen is joined by Neil Weare, president and founder of Equally American who was raised in the U.S. territory of Guam and previously worked for Guam’s non-voting Delegate Madeleine Bordallo, and Christina D. Ponsa-Kraus, the George Welwood Murray Professor of Legal History at Columbia Law School who was raised in Puerto Rico and specializes in studying the legal issues surrounding Puerto Rico. Weare and Ponsa-Kraus explain the case, recap its oral argument at the Supreme Court, and walk us through the history of how Puerto Rico and its residents have been treated under the Constitution and by the U.S. government. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution.

Puerto Rican Rights at SCOTUS and Throughout History

A weekly show of constitutional debate hosted by National Constitution Center President and CEO Jeffrey Rosen where listeners can hear the best arguments on all sides of the constitutional issues at the center of American life.

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We the People

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