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We the People

National Constitution Center

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Followers
48
Plays
We the People
We the People

We the People

National Constitution Center

31
Followers
48
Plays
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About Us

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.

Latest Episodes

Dueling Platform Policies and Free Speech Online

Twitter recently announced that it will stop paid political advertising, with Twitter CEO Jack Dorsey asserting that interest in political messaging should be earned, not bought. Meanwhile, Facebook’s CEO Mark Zuckerberg announced that Facebook would not stop hosting political ads, saying that the platform should not be responsible for policing speech online. Will Twitter’s efforts to regulate political ads work? Might Facebook’s more “hands-off” approach lead to unintended consequences for our democracy? Which approach to regulating speech might foster free expression the most? And how do policies of private institutions shape our free speech landscape, given that the First Amendment doesn’t bind Twitter or Facebook? This year marks the 100th anniversary of the Supreme Court decision Abrams v. United States, so we also consider: Are the landmark First Amendment cases, many of which were decided decades before social media existed, still relevant in a world of ever-changing digital platforms, bots, and disinformation campaigns? Digital speech experts Ellen Goodman of Rutgers University Law School and Eugene Volokh of UCLA Law join host Jeffrey Rosen. Some terms you should know for this week: Microtargetting: a marketing strategy that uses people’s data — about what they like, their demographics, and more — to segment them into small groups for content targeting on online platforms. Interoperability: the ability of computer systems or software to exchange and make use of information. In this context, that means that if platforms like Facebook were required to share data with other developers, those developers could create new platforms and there would be more competition in the market. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

64 MIN1 d ago
Comments
Dueling Platform Policies and Free Speech Online

Can the Trump Administration End DACA?

Two years ago, the Trump administration decided to end Deferred Action for Childhood Arrivals (DACA) — a policy enacted under President Obama that deferred the deportation of undocumented people brought to the United States as children. Earlier this week, the Supreme Court heard challenges to that decision and was faced with the questions: can the Court even review the decision to end DACA, since it was an action taken by the Department of Homeland Security, an executive branch agency? If it can, was the decision to rescind DACA legal? And is DACA itself legal and constitutional? Brianne Gorod of the Constitutional Accountability Center and Josh Blackman of the South Texas College of Law Houston join host Jeffrey Rosen to dive into the questions. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

49 MIN1 w ago
Comments
Can the Trump Administration End DACA?

Conversations with RBG

This week, we’re celebrating the launch of hostJeffrey Rosen’s newest book,Conversations with RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law—an informal portrait of the justice through an extraordinary series of conversations, starting in the 1990s and continuing to today. Jeff has collected Justice Ginsburg’s wisdom from their many conversations on the future of the Supreme Court andRoe v. Wade, which Supreme Court decisions she would like to see overturned, the #MeToo movement, and how to lead a productive, compassionate life – illuminating the determination, self-mastery, and wit of the “Notorious RBG.”Dahlia Lithwick, veteran Supreme Court reporter and host of the Slate podcast Amicus, moderates. Check out Conversations with RBG on Amazon and listen to the audiobook on Audible. The audiobook also has its very own Alexa skill – Ask RBG. You can ask your Amazon echo things like, “Alexa, ask RBG about the #MeToo movement” and you’ll hear clips from the real-lif...

68 MIN2 w ago
Comments
Conversations with RBG

Is Brexit a British Constitutional Crisis?

Brexit, the UK’s campaign to leave the European Union, has sparked ongoing political and constitutional controversy. However, the UK doesn’t have a written constitution — it is governed by a set of laws, norms, conventions, judicial decisions, and treaties — and Brexit has led some to think that needs to change. This episode dives into that debate over the UK’s unwritten constitution as well as other key Brexit-related issues including Prime Minister Boris Johnson’s attempts to “prorogue” Parliament and the ensuing UK Supreme Court decision, parliamentary sovereignty, and the role of referenda. Two leading experts on those topics –Meg Russell, Director of the Constitution Unit at University College London, and Kim Lane Scheppele, Professor of International Affairs at Princeton University phone in from London for a conversation with host Jeffrey Rosen. A term that is helpful to know for this week: Prorogation - brings the current session of Parliament to an end. While Parliament is prorogued, neither House can meet, debate or pass legislation, or debate government policy. In general, bills which have not yet been passed are lost and will have to start again from scratch in the next session. The Crown decides when Parliament can be prorogued, but, typically, the Prime Minister advises the Crown to prorogue and that request is accepted. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

59 MIN3 w ago
Comments
Is Brexit a British Constitutional Crisis?

What Does the Constitution Say About Impeachment?

How should impeachment be carried out, according to the Constitution? This episode explores the constitutional process of impeachment, from investigation and passage of articles of impeachment by the House of Representatives, to the Senate trial, and the aftermath. Rep. Elizabeth Holtzman, who served on the House Judiciary Committee during the Nixon impeachment, and Gene Healy, author of Indispensable Remedy: The Broad Scope of the Constitution’s Impeachment Power detail the constitutional framework under which impeachment has been carried out in the past, how those precedents compare to what’s happening today, and what might happen next. Jeffrey Rosen hosts. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

65 MINOCT 25
Comments
What Does the Constitution Say About Impeachment?

Can Employees Be Fired for Being LGTBQ?

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination “because of… sex.” Last week, a trio of cases that raise the question of whether Title VII also prohibits discrimination because of sexual orientation and/or gender identity were argued before the Supreme Court. Two of these cases – Bostock v. Clayton County Georgia and Zarda v. Altitude Express, Inc. – are lawsuits brought by employees who claim they were fired for being gay, and are suing their employers. The third case – R.G. and G.R. Harris Funeral Homes Inc. v. EEOC – centers around Aimee Stephens, a transgender woman who says she was fired from her job at a funeral home because of her gender identity. On this episode, Karen Loewy, Senior Counsel for LGBTQ legal advocacy organization Lambda Legal, and Professor David Upham of the University of Dallas – who both wrote briefs in these cases – explain the arguments on both sides, analyze the Justices’ reactions at oral argument, and predict the...

54 MINOCT 18
Comments
Can Employees Be Fired for Being LGTBQ?

Two Federal Judges on How They Interpret the Constitution

Last week, the National Constitution Center travelled to Washington, DC to host Clerks at 100 – a celebration of the 100th anniversary of the federal statute instituting Supreme Court clerkships that brought together hundreds of former clerks. Supreme Court clerks assist the justices with researching and drafting opinions and other work critical to the function of the Court. The day before the reunion, the NCC hosted a symposium in partnership with the George Washington Law Review at GW Law School featuring former clerks to discuss that special experience. This episode features NCC President Jeffrey Rosen’s conversation with Judges Diane Wood and Jeff Sutton, who shared how their clerkship experience affected them personally and professionally and shaped their methods of interpreting the Constitution. Judge Wood clerked for Justice Harry Blackmun and serves as Chief Judge on the U.S. Court of Appeals for the 7th Circuit and Judge Sutton, who sits on the 6th Circuit, clerked for re...

55 MINOCT 11
Comments
Two Federal Judges on How They Interpret the Constitution

We the People Live: Supreme Court Preview

This week, We the People partnered with SCOTUSblog's podcast SCOTUStalk for a live preview of the Supreme Court's 2019 term – recording our show in front of a live National Constitution Center audience for the first time! Host Jeffrey Rosen was joined by SCOTUSblog's Amy Howe and John Elwood to preview the blockbuster cases of the upcoming term, on topics including LGBTQ rights under Title VII, immigration policies like DACA, the Second Amendment, school choice and the free exercise of religion, and more. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

59 MINOCT 4
Comments
We the People Live: Supreme Court Preview

The Battle for the Constitution: Live at The Atlantic Festival

This week, the National Constitution Center in partnership with The Atlantic launched a new web project: “The Battle for the Constitution”— a year-long exploration of the major issues and controversies surrounding the Constitution today from all sides of the debate. At the Atlantic Ideas Festival yesterday, the NCC and the Atlantic celebrated the project launch with a series of panels featuring scholars, journalists and legislators. They discussed the breaking news of the House’s impeachment inquiry into President Trump, as well as what separation of powers means in U.S. government today. Jeffrey Rosen, President and CEO of the NCC, kicked off the discussion in conversation with Martha Jones, professor of history at John Hopkins University, John Malcolm, Vice President for Constitution Government at the Heritage Foundation, and Quinta Jurecic, managing editor at Lawfare. Later, Representatives Lance Gooden (R-TX) and Adam Schiff (D-CA) spoke about their views on the impeachment ...

97 MINSEP 27
Comments
The Battle for the Constitution: Live at The Atlantic Festival

Justice Neil Gorsuch, Live at America’s Town Hall

Justice Neil Gorsuch visited the National Constitution Center to celebrate Constitution Day and discuss his new book A Republic, If You Can Keep It. Justice Gorsuch, the Honorary Chair of the National Constitution Center’s Board of Trustees, sat down with President Jeffrey Rosen to discuss his passion for civics and civility, the importance of separation of powers, what originalism means to him, and why he is optimistic about the future of America. This episode is a crossover with our companion podcast Live at America’s Town Hall — live constitutional conversations held here at the National Constitution Center in Philadelphia and around the country — which is available wherever you get your podcasts. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

62 MINSEP 20
Comments
Justice Neil Gorsuch, Live at America’s Town Hall

Latest Episodes

Dueling Platform Policies and Free Speech Online

Twitter recently announced that it will stop paid political advertising, with Twitter CEO Jack Dorsey asserting that interest in political messaging should be earned, not bought. Meanwhile, Facebook’s CEO Mark Zuckerberg announced that Facebook would not stop hosting political ads, saying that the platform should not be responsible for policing speech online. Will Twitter’s efforts to regulate political ads work? Might Facebook’s more “hands-off” approach lead to unintended consequences for our democracy? Which approach to regulating speech might foster free expression the most? And how do policies of private institutions shape our free speech landscape, given that the First Amendment doesn’t bind Twitter or Facebook? This year marks the 100th anniversary of the Supreme Court decision Abrams v. United States, so we also consider: Are the landmark First Amendment cases, many of which were decided decades before social media existed, still relevant in a world of ever-changing digital platforms, bots, and disinformation campaigns? Digital speech experts Ellen Goodman of Rutgers University Law School and Eugene Volokh of UCLA Law join host Jeffrey Rosen. Some terms you should know for this week: Microtargetting: a marketing strategy that uses people’s data — about what they like, their demographics, and more — to segment them into small groups for content targeting on online platforms. Interoperability: the ability of computer systems or software to exchange and make use of information. In this context, that means that if platforms like Facebook were required to share data with other developers, those developers could create new platforms and there would be more competition in the market. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

64 MIN1 d ago
Comments
Dueling Platform Policies and Free Speech Online

Can the Trump Administration End DACA?

Two years ago, the Trump administration decided to end Deferred Action for Childhood Arrivals (DACA) — a policy enacted under President Obama that deferred the deportation of undocumented people brought to the United States as children. Earlier this week, the Supreme Court heard challenges to that decision and was faced with the questions: can the Court even review the decision to end DACA, since it was an action taken by the Department of Homeland Security, an executive branch agency? If it can, was the decision to rescind DACA legal? And is DACA itself legal and constitutional? Brianne Gorod of the Constitutional Accountability Center and Josh Blackman of the South Texas College of Law Houston join host Jeffrey Rosen to dive into the questions. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

49 MIN1 w ago
Comments
Can the Trump Administration End DACA?

Conversations with RBG

This week, we’re celebrating the launch of hostJeffrey Rosen’s newest book,Conversations with RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law—an informal portrait of the justice through an extraordinary series of conversations, starting in the 1990s and continuing to today. Jeff has collected Justice Ginsburg’s wisdom from their many conversations on the future of the Supreme Court andRoe v. Wade, which Supreme Court decisions she would like to see overturned, the #MeToo movement, and how to lead a productive, compassionate life – illuminating the determination, self-mastery, and wit of the “Notorious RBG.”Dahlia Lithwick, veteran Supreme Court reporter and host of the Slate podcast Amicus, moderates. Check out Conversations with RBG on Amazon and listen to the audiobook on Audible. The audiobook also has its very own Alexa skill – Ask RBG. You can ask your Amazon echo things like, “Alexa, ask RBG about the #MeToo movement” and you’ll hear clips from the real-lif...

68 MIN2 w ago
Comments
Conversations with RBG

Is Brexit a British Constitutional Crisis?

Brexit, the UK’s campaign to leave the European Union, has sparked ongoing political and constitutional controversy. However, the UK doesn’t have a written constitution — it is governed by a set of laws, norms, conventions, judicial decisions, and treaties — and Brexit has led some to think that needs to change. This episode dives into that debate over the UK’s unwritten constitution as well as other key Brexit-related issues including Prime Minister Boris Johnson’s attempts to “prorogue” Parliament and the ensuing UK Supreme Court decision, parliamentary sovereignty, and the role of referenda. Two leading experts on those topics –Meg Russell, Director of the Constitution Unit at University College London, and Kim Lane Scheppele, Professor of International Affairs at Princeton University phone in from London for a conversation with host Jeffrey Rosen. A term that is helpful to know for this week: Prorogation - brings the current session of Parliament to an end. While Parliament is prorogued, neither House can meet, debate or pass legislation, or debate government policy. In general, bills which have not yet been passed are lost and will have to start again from scratch in the next session. The Crown decides when Parliament can be prorogued, but, typically, the Prime Minister advises the Crown to prorogue and that request is accepted. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

59 MIN3 w ago
Comments
Is Brexit a British Constitutional Crisis?

What Does the Constitution Say About Impeachment?

How should impeachment be carried out, according to the Constitution? This episode explores the constitutional process of impeachment, from investigation and passage of articles of impeachment by the House of Representatives, to the Senate trial, and the aftermath. Rep. Elizabeth Holtzman, who served on the House Judiciary Committee during the Nixon impeachment, and Gene Healy, author of Indispensable Remedy: The Broad Scope of the Constitution’s Impeachment Power detail the constitutional framework under which impeachment has been carried out in the past, how those precedents compare to what’s happening today, and what might happen next. Jeffrey Rosen hosts. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

65 MINOCT 25
Comments
What Does the Constitution Say About Impeachment?

Can Employees Be Fired for Being LGTBQ?

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination “because of… sex.” Last week, a trio of cases that raise the question of whether Title VII also prohibits discrimination because of sexual orientation and/or gender identity were argued before the Supreme Court. Two of these cases – Bostock v. Clayton County Georgia and Zarda v. Altitude Express, Inc. – are lawsuits brought by employees who claim they were fired for being gay, and are suing their employers. The third case – R.G. and G.R. Harris Funeral Homes Inc. v. EEOC – centers around Aimee Stephens, a transgender woman who says she was fired from her job at a funeral home because of her gender identity. On this episode, Karen Loewy, Senior Counsel for LGBTQ legal advocacy organization Lambda Legal, and Professor David Upham of the University of Dallas – who both wrote briefs in these cases – explain the arguments on both sides, analyze the Justices’ reactions at oral argument, and predict the...

54 MINOCT 18
Comments
Can Employees Be Fired for Being LGTBQ?

Two Federal Judges on How They Interpret the Constitution

Last week, the National Constitution Center travelled to Washington, DC to host Clerks at 100 – a celebration of the 100th anniversary of the federal statute instituting Supreme Court clerkships that brought together hundreds of former clerks. Supreme Court clerks assist the justices with researching and drafting opinions and other work critical to the function of the Court. The day before the reunion, the NCC hosted a symposium in partnership with the George Washington Law Review at GW Law School featuring former clerks to discuss that special experience. This episode features NCC President Jeffrey Rosen’s conversation with Judges Diane Wood and Jeff Sutton, who shared how their clerkship experience affected them personally and professionally and shaped their methods of interpreting the Constitution. Judge Wood clerked for Justice Harry Blackmun and serves as Chief Judge on the U.S. Court of Appeals for the 7th Circuit and Judge Sutton, who sits on the 6th Circuit, clerked for re...

55 MINOCT 11
Comments
Two Federal Judges on How They Interpret the Constitution

We the People Live: Supreme Court Preview

This week, We the People partnered with SCOTUSblog's podcast SCOTUStalk for a live preview of the Supreme Court's 2019 term – recording our show in front of a live National Constitution Center audience for the first time! Host Jeffrey Rosen was joined by SCOTUSblog's Amy Howe and John Elwood to preview the blockbuster cases of the upcoming term, on topics including LGBTQ rights under Title VII, immigration policies like DACA, the Second Amendment, school choice and the free exercise of religion, and more. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

59 MINOCT 4
Comments
We the People Live: Supreme Court Preview

The Battle for the Constitution: Live at The Atlantic Festival

This week, the National Constitution Center in partnership with The Atlantic launched a new web project: “The Battle for the Constitution”— a year-long exploration of the major issues and controversies surrounding the Constitution today from all sides of the debate. At the Atlantic Ideas Festival yesterday, the NCC and the Atlantic celebrated the project launch with a series of panels featuring scholars, journalists and legislators. They discussed the breaking news of the House’s impeachment inquiry into President Trump, as well as what separation of powers means in U.S. government today. Jeffrey Rosen, President and CEO of the NCC, kicked off the discussion in conversation with Martha Jones, professor of history at John Hopkins University, John Malcolm, Vice President for Constitution Government at the Heritage Foundation, and Quinta Jurecic, managing editor at Lawfare. Later, Representatives Lance Gooden (R-TX) and Adam Schiff (D-CA) spoke about their views on the impeachment ...

97 MINSEP 27
Comments
The Battle for the Constitution: Live at The Atlantic Festival

Justice Neil Gorsuch, Live at America’s Town Hall

Justice Neil Gorsuch visited the National Constitution Center to celebrate Constitution Day and discuss his new book A Republic, If You Can Keep It. Justice Gorsuch, the Honorary Chair of the National Constitution Center’s Board of Trustees, sat down with President Jeffrey Rosen to discuss his passion for civics and civility, the importance of separation of powers, what originalism means to him, and why he is optimistic about the future of America. This episode is a crossover with our companion podcast Live at America’s Town Hall — live constitutional conversations held here at the National Constitution Center in Philadelphia and around the country — which is available wherever you get your podcasts. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

62 MINSEP 20
Comments
Justice Neil Gorsuch, Live at America’s Town Hall
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