We the People

National Constitution Center

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. read less

Our Editor's Take

Civil rights issues and constitutional law are crucial topics in the political landscape. Host Jeffrey Rosen explores these topics on the We the People podcast. Through substantive debate, this show offers a rounded view of critical issues. In today's world, staying informed is more important than ever, and this podcast can help.

Podcast host Rosen started his career in law after graduating from Yale Law School. He wrote on legal issues for The New Republic for over twenty years. He has contributed to the New York Times, The Atlantic, and The New Yorker. Today, Rosen teaches law at George Washington University. He also runs the NCC, a nonprofit organization dedicated to the U.S. Constitution.

Rosen began this podcast to continue educating people on constitutional law. Each episode features expert guests who debate constitutional issues. Guests on We the People come from various academic and political backgrounds. They bring varying perspectives on current events and political topics while Rosen acts as a moderator.

Fans of We the People enjoy hearing from both progressives and conservatives. Each episode explores a controversial topic, like gun laws and religious freedom. Rather than heated arguments, Rosen fosters a calm and thoughtful discussion between debaters. In politically fraught times, this show offers respectful debate on divisive issues.

Even for those new to constitutional law, We the People is a great place to start. Rosen helps make complex topics accessible. His clear and concise language helps listeners understand legal jargon and constitutional theories.

We the People is a great choice for anyone interested in learning about the Constitution. The podcast examines Supreme Court decisions and their legal implications. Rosen's knowledge of constitutional law adds to guests' perspective on the show. His gentle moderation of debates stimulates conversation on the show. It makes this a fascinating and informative listen. The expertise of Rosen and his guests may keep listeners both informed and educated.

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Episodios

Can Texas Require Age Verification on Adult Sites?
Hace 5 días
Can Texas Require Age Verification on Adult Sites?
The Supreme Court will determine whether a Texas law requiring age verification for adult websites violates the First Amendment. Nadine Strossen of New York Law School and Adam Candeub of Michigan State University join Jeffrey Rosen to preview oral arguments in Free Speech Coalition v. Paxton, examine the text, history, and tradition of the First Amendment, and debate whether the Texas law is constitutional. Resources:  Nadine Strossen, Defending Pornography: Free Speech, Sex, and the Fight for Women's Rights (1995, republished 2024)  Nadine Strossen, Brief of Amici Curiae First Amendment Scholars in Support of Petitioners, Free Speech Coalition v. Paxton   Adam Candeub, Amicus Curiae Brief of Scholars in Support of Respondent, Free Speech Coalition v. Paxton  Adam Candeub, “How the Supreme Court Can Protect Digital Childhood,” Law & Liberty (Jan. 9, 2025)  Free Speech Coalition, Brief for Petitioners, Free Speech Coalition v. Paxton  Attorney General Ken Paxton, Brief for Respondent, Free Speech Coalition v. Paxton  Judge Jerry Smith, Opinion of the Fifth Circuit Court of Appeals, Free Speech Coalition v. Paxton  Ginsberg v. New York (1968)  Sable v. FCC (1989)  Reno v. ACLU (1997)  Ashcroft v. ACLU (2004) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
The Future of TikTok
09-01-2025
The Future of TikTok
In TikTok v. Garland, the Supreme Court will determine whether TikTok—the social media platform used by an estimated 170 million Americans—can continue to operate in the United States under the ownership of a Chinese holding company. Jameel Jaffer of Columbia Law School and Zephyr Teachout of Fordham Law School join Jeffrey Rosen to debate whether the law that forces TikTok to be sold or banned violates the First Amendment.  Resources:  Jameel Jaffer, “Brief of the Knight First Amendment Institute at Columbia University, Free Press, and PEN American Center as Amici Curiae in Support of Petitioners," TikTok v. Garland  Jameel Jaffer, “The Supreme Court Must Intervene in the TikTok Case,” The New York Times (Dec. 10, 2024)  Zephyr Teachout, “Brief of AMICI CURIAE Zephyr Teachout and Joel Thayer in Support of Respondent,” TikTok v. Garland  United States Court of Appeals for the D.C. Circuit, Opinion of the Court, TikTok v. Garland  Arcara v. Cloud Books, Inc. (1986)  Reed v. Town of Gilbert (2015)  Moody v. NetChoice (2024) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
For or Against Constitutional Originalism?
03-01-2025
For or Against Constitutional Originalism?
Jonathan Gienapp of Stanford University and Stephen Sachs of Harvard Law School join Chief Scholar Thomas Donnelly to discuss Gienapp’s new book, Against Constitutional Originalism: A Historical Critique. They review the history of originalism and debate the role of originalism in constitutional interpretation today. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on October 8, 2024.  Resources:  Jonathan Gienapp, “Against Constitutional Originalism: A Historical Critique” (2024)  Stephen Sachs and Will Baude, “Originalism and the Law of the Past” (Law and History Review, 2019)  Michael Stokes Paulsen and Vasen Kesavan, “Is West Virginia Unconstitutional?” (90 Cal L. Rev. 291, 2002)  William Baude, Jud Campbell, and Stephen Sachs, “General Law and the Fourteenth Amendment” (76 Stanford L. Rev 1185, 2024)  Jud Campbell, “Four Views of the Nature of the Union” (47 Harvard J. Law & Public Policy 2, 2024)  Fletcher v. Peck (1810)  District of Columbia v. Heller (2008)  United States v. Rahimi (2024)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
The Life and Constitutional Legacy of Gouverneur Morris
25-12-2024
The Life and Constitutional Legacy of Gouverneur Morris
Jeffrey Rosen explores the life and legacy of Gouverneur Morris, author of the Preamble to the Constitution. Joining him are Melanie Miller, editor of the Gouverneur Morris Papers: Diaries Project, Dennis Rasmussen, Hagerty Family Fellow at Syracuse University’s Maxwell School of Citizenship and Public Affairs and author of The Constitution’s Penman: Gouverneur Morris and the Creation of America’s Basic Charter, and William Treanor, dean of Georgetown University Law Center. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on December 12, 2024.  Resources:  Dennis C. Rasmussen, The Constitution’s Penman: Gouverneur Morris and the Creation of America’s Basic Charter, (2023)  William M. Treanor, Gouverneur Morris and the Drafting of the Federalist Constitution, (2023)  William M. Treanor, The Case of the Dishonest Scrivener: Gouverneur Morris and the Creation of the Federalist Constitution, (2021)  Melanie Randolph Miller,  An Incautious Man: The Life of Gouveneur Morris, (2008)  Gouverneur Morris Papers  The U.S. Constitution: Preamble  The Federalist Papers  The Constitutional Convention of 1787: A Revolution in Government  Gouverneur Morris, “Slavery and Representation,” (Aug. 8, 1787)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
How Religious Were the Founders?
13-12-2024
How Religious Were the Founders?
Jeffrey Rosen discusses the role of religion at the founding with Jane Calvert of the John Dickinson Writings Project, Vincent Phillip Muñoz of the University of Notre Dame, and Thomas Kidd of the Midwestern Baptist Theological Seminary. They trace the framers’ personal faith commitments and explore the original understanding of the relationship between church and state. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on November 25, 2024. Resources:  The First Amendment, National Constitution Center exhibit  Jane E. Calvert, Penman of the Founding: A Biography of John Dickinson (2024)  Thomas Kidd, Thomas Jefferson: A Biography of Spirit and Flesh (2022)  Vincent Phillip Muñoz, Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (2022)  Thomas Kidd, God of Liberty: A Religious History of the American Revolution (2010)  Vincent Phillip Muñoz , God and the Founders: Madison, Washington, and Jefferson (2009)  Letter From George Washington to the Hebrew Congregation in Newport, Rhode Island, (Aug. 18, 1790)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
Woodrow Wilson: The Light Withdrawn
28-11-2024
Woodrow Wilson: The Light Withdrawn
Representative Christopher Cox, author of Woodrow Wilson: The Light Withdrawn, and Geoffrey Stone of the University of Chicago join moderator Jeffrey Rosen to discuss Woodrow Wilson’s constitutional and historical legacy. They explore Wilson’s illiberal record in the defining constitutional battles of his time, focusing his opposition to women’s suffrage, free speech, and racial equality. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on November 25, 2024. Resources:  Christopher Cox, Woodrow Wilson: The Light Withdrawn (2024)  Geoffrey Stone, "Woodrow Wilson, Princeton University, and the Battles We Choose to Fight," Huffington Post (Nov. 21, 2015)  Geoffrey Stone, Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism (2004) Espionage Act of 1917 and Sedition Act of 1918  Committee on Public Information, Free Speech Center (2009; updated 2024)  The First Amendment, National Constitution Center exhibit  Susan B. Anthony Amendment, National Susan B. Anthony Museum & House  Justice Brandeis, Oyez  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
The President’s Power to Make Recess Appointments
21-11-2024
The President’s Power to Make Recess Appointments
President-elect Trump’s allies have floated the possibility of suspending Congress in order to use the Recess Appointments Clause to install Cabinet officials without Senate confirmation. In this episode, Ed Whelan of the Ethics and Public Policy Center and Thomas Berry of the Cato Institute join Jeffrey Rosen to preview this plan and debate its legal merits.  Resources:  Center for Renewing America, “Brief: On the Article II Recess Appointments Clause” (November 17, 2024)  Ed Whelan, “A Terrible Anti-Constitutional Scheme of Recess Appointments,” National Review (November 12, 2024)  Ed Whelan, “The House Has No Authority to ‘Disagree’ with Senate’s Decision to Remain in Session,” National Review (November 17, 2024)  Edward Whelan, “The Radical Consequences of an Immediate Senate Recess," National Review (November 19, 2024)  Thomas Berry, “Thomas Berry (Cato Institute) on Trump's Recess Appointment Plan,” Volokh Conspiracy (November 15, 2024)  National Labor Relations Board v. Noel Canning (2014)  Alexander Hamilton, Federalist No. 76 (April 1, 1788)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
Native Americans and the Supreme Court
07-11-2024
Native Americans and the Supreme Court
In celebration of Native American History Month, Jeffrey Rosen was joined by Keith Richotte Jr., author of the forthcoming book The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution and Matthew L.M. Fletcher, author of The Ghost Road: Anishinaabe Responses to Indian Hating to explore how Native American law has evolved from the Marshall Court to the present day—tracing how the Court came to grant the federal government broad authority over tribal affairs, and how tribes have begun to reassert their sovereignty under the Roberts Court.  This program was originally streamed live as part of the NCC’s America’s Town Hall series on November 4, 2024.   Resources:  Keith Richotte Jr., The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution (2025)  Matthew Fletcher, The Ghost Road: Ashinaabe Responses to Indian Hating (2020)  Matthew Fletcher, “Muskrat Textualism,” Northwestern Law Review (2022)  Matthew Fletcher, “The Dark Matter of Indian Law: The Duty of Protection” (June 2023)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
How Should We Elect the President?
31-10-2024
How Should We Elect the President?
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) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
The NCC’s 2024 National First Amendment Summit
24-10-2024
The NCC’s 2024 National First Amendment Summit
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  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate