We the People

Can the federal government compel a U.S.-based email provider to turn over its records as part of a criminal investigation when those records are located outside of the country? The United States v. Microsoft case pending before the Supreme Court could have big implications for law enforcement, consumer privacy and the business operations of many companies that do business overseas. The Microsoft case deals with a specific question: If a U.S. provider of email services must comply with a probable-cause-based warrant (issued under 18 U.S.C. § 2703) by disclosing in the United States electronic communications within that provider’s control, even if the provider has decided to store that material abroad. Joining us to discuss these important issues are two leading experts on the case. Benjamin Battles is the solicitor general of Vermont, which filed an amicus brief with 34 other states and the commonwealth of Puerto Rico in support of the federal government in United States v. Microsoft. Vivek Krishnamurthy is a Clinical Instructor in Harvard Law School's Cyberlaw Clinic. He specializes in the international aspects of internet governance and on the human rights challenges associated with offering new internet-based services in different legal environments around the world. Questions or comments? We would love to hear from you. Contact the We the People team at [email protected] The Constitution Center is offering CLE credits for select America’s Town Hall programs! Get more information at constitutioncenter.org/CLE.

Alicia Hickok and Eugene Volokh join National Constitution Center President and CEO Jeffrey Rosen to discuss a major Supreme Court case about public-union dues. The Supreme Court is considering arguments in a case that could have a huge effect on public-section unions and their membership. The case of Janus v. American Federation of State, County, and Municipal Employees (AFSCME) will be heard on February 26 at the Court. The question in front of the nine Justices is if public-sector “agency shop” arrangements -- payments that workers represented by a union must pay even if they are not dues-paying members -- should be invalidated under the First Amendment. The Supreme Court said in Abood v. Detroit Board of Education (1977) that government employees who don’t belong to a union can be required to pay for union contract negotiating costs that benefit to all public employees, including non-union members. The Abood decision has been challenged in court several times, and an evenly divided Court couldn’t decide a similar case, Friedrichs v. California Teachers Association, in 2016. This time, a full Court will consider the issue. Alicia Hickok is a Partner at the law firm Drinker Biddle and a Lecturer in law at the University of Pennsylvania Law School. She wrote an amicus brief in the Janus case on behalf of the Rutherford Institute, siding with Janus’s position. Eugene Volokh is Gary T. Schwartz Distinguished Professor of Law at UCLA Law School. He co-wrote an amicus brief in Janus with Will Baude siding with the union. Questions or comments? We would love to hear from you. Contact the We the People team at [email protected] And don't forget to take our new podcast survey at constitutioncenter.org/survey The Constitution Center is offering CLE credits for select America’s Town Hall programs! Get more information at constitutioncenter.org/CLE.

Justice Ruth Bader Ginsburg joins National Constitution Center President and CEO Jeffrey Rosen for a wide-ranging conversation in celebration of the 25th anniversary of her appointment to the U.S. Supreme Court. In the 75-minute interview, Justice Ginsburg talks about the #MeToo movement, confessed her affection for Millennials, discussed the Supreme Court cases she’d like to see overturned, and told some personal stories about the progress women’s rights have made—while reminding the audience of just how recently gender discrimination in American law seemed not only normal but entrenched. The event took place in Philadelphia on February 12, 2018, in partnership with the University of Pennsylvania Law School as the Owen J. Roberts Memorial Lecture in Constitutional Law.

In this episode, we’re answering questions that you, our listeners, have been asking about the Constitution, with the National Constitution Center president and CEO Jeffrey Rosen. We’ve been collecting your questions over the past few months from social media, our weekly newsletter Constitution Weekly, and email. For starters, here were some of the questions discussed in this podcast: Why is the Ninth Amendment so important to understanding the Constitution? What are the unenumerated rights provided for in the Constitution and what were the big arguments about them in the past 100 years? What is the basis for the idea of the separation of church and state as understood by the Founders? And what are the theories of interpreting the Constitution that most apply to you? Jeffrey Rosen is president and CEO of the National Constitution Center, moderates the discussion. Questions or comments? We would love to hear from you. Contact the We the People team at [email protected] And don't forget to take our new podcast survey at constitutioncenter.org/survey The Constitution Center is offering CLE credits for select America’s Town Hall programs! Get more information at constitutioncenter.org/CLE.

In anticipation of the 150th anniversary of the impeachment of President Andrew Johnson, on Feb. 24, we look at the history of presidential impeachments, the interpretation of the Impeachment Clause, and the application to current day controversies. Joining us to discuss this important historical episode are two of America’s leading scholars on the impeachment of President Andrew Johnson. Keith Whittington is the William Nelson Cromwell Professor of Politics at Princeton University. He co-wrote the IC explainers on the Impeachment Clause with Neil Kinkopf. David O Stewart is a writer, historian, and former appellate lawyer. He is the author of many books including Impeached: The Trial of President Andrew Johnson and the Fight for Lincoln’s Legacy. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates the discussion. Questions or comments? We would love to hear from you. Contact the We the People team at [email protected] And don't forget to take our new podcast survey at constitutioncenter.org/survey The Constitution Center is offering CLE credits for select America’s Town Hall programs! Get more information at constitutioncenter.org/CLE.

On January 20, 2017, President Donald Trump was inaugurated as the 45th President of the United States. In the year since he took office, a variety of novel constitutional issues have arisen, from the interpretation of the Emoluments Clauses, to the constitutionality of Executive Orders on immigration, and even the meaning of the Twenty-Fifth Amendment. In this episode, we look at the past year of the Trump presidency and what it means for our Constitution. Joining us to discuss the past year of constitutional debates are two of America’s leading scholars of constitutional law. Josh Blackman is an Associate Professor of Law at the South Texas College of Law in Houston who specializes in constitutional law, the United States Supreme Court, and the intersection of law and technology. He filed an amicus brief in the CREW v. Trump and DC and Maryland v. Trump lawsuits on behalf of another legal scholar, Seth Barrett Tillman. Lisa Manheim is an associate professor of law at the University of Washington School of Law and co-author of a recently published book, intended for lawyers and non-lawyers alike, called The Limits of Presidential Power: A Citizen’s Guide to the Law. Questions or comments? We would love to hear from you. Contact the We the People team at [email protected] And don't forget to take our new podcast survey at constitutioncenter.org/survey The Constitution Center is offering CLE credits for select America’s Town Hall programs! Get more information at constitutioncenter.org/CLE.

The relationship between the federal government and the states is currently at the center of controversies about sports gambling, marijuana use and sanctuary cities policies. In the past year, these and related issues have come before federal courts, including the Supreme Court. In December 2017, the Supreme Court heard oral arguments in Christie v. NCAA, a case that examines whether a federal law that prohibits the modification or repeal of state gambling laws violates the Tenth Amendment and the anti-commandeering doctrine that bars the federal government from imposing certain costs on local government. The anti-commandeering doctrine is also at the heart of several federal lawsuits about the legal status of sanctuary cities. And Attorney General Jeff Sessions’ decision to reverse marijuana prosecution guidelines for federal attorneys in states with legal recreational marijuana has broad potential constitutional implications. Joining Jeffrey Rosen, president and CEO of the National Constitution Center, to discuss these questions are two leading national constitutional experts. Michael Dorf is Robert S. Stevens Professor of Law at Cornell Law School. Ilya Shapiro is a senior fellow in constitutional studies at the Cato Institute and editor-in-chief of the Cato Supreme Court Review. Questions or comments? We would love to hear from you. Contact the We the People team at [email protected] And don't forget to take our new podcast survey at constitutioncenter.org/survey

This week, we look at the case Hargan v. Garza, a lawsuit filed by the ACLU on behalf of undocumented immigrantthat asks if the federal government can deny access to an abortion for pregnant undocumented teens. As of January 11, 2018, the Supreme Court was considering the case in private conference. Joining us to discuss this important question are two of America’s leading experts on constitutional and family law. Catherine Glenn Foster is President and CEO of Americans United for Life. She served as Counsel of Record for amicus curiae Alliance Defending Freedom’s Amicus Brief in Planned Parenthood v. Abbott, which defended Texas’ healthcare regulations around abortion clinics. Leah Litman is Assistant Professor of Law at the University of California, Irvine School of Law. She co-authored Petitioner’s Brief in Whole Women’s Health v. Hellerstedt case, which successfully challenged Texas’ healthcare regulations around abortion clinics. Jeffrey Rosen is the President and Chief Executive Officer of the National Constitution Center, the only institution in America chartered by Congress “to disseminate information about the United States Constitution on a nonpartisan basis.” He is also a professor at The George Washington University Law School, and a contributing editor for The Atlantic. Questions or comments? We would love to hear from you. Contact the We the People team at [email protected] And don't forget to take our new podcast survey at constitutioncenter.org/survey

In the Gill case this year, the Supreme Court might determine the constitutional future of partisan gerrymandering. Scholars and advocates have been discussing the arguments at the heart of the case – as well as those involved in related cases heading toward the Supreme Court. At a December event at the National Constitution Center, Caroline Fredrickson, president of the American Constitution Society, Nolan McCarty, professor of politics and public affairs at Princeton University, and David Wasserman, house editor for The Cook Political Report, explored the practical effects of gerrymandering, including its impact on polarization and competitive elections. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates this discussion. To learn more about this week's topic, visit our podcast resources page to explore show notes, guest bios, related Interactive Constitution essays, and more. Questions or comments? We would love to hear from you. Contact the We the People team at [email protected]

Franklin Foer, national correspondent for The Atlantic, explores how tech platforms like Facebook, Apple, Amazon, and Google have transformed the way we think and produced a new culture of misinformation that is trampling values such as privacy, autonomy, and individuality. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates this discussion, hosted at the Center in November 2017.

Gail Heriot and Diane Rosenfeld join National Constitution Center president and CEO Jeffrey Rosen to discuss how several federal laws may work to address sexual harassment and assault claims. Gail Heriot is Professor of Law at the University of San Diego Law School and a Commissioner on the U.S. Commission on Civil Rights. She is also a contributor to our Interactive Constitution on the 19th Amendment. Diane Rosenfeld is a Lecturer on Law at Harvard Law School and Director, Gender Violence Program, Harvard Law School. She previously served as the served as the Senior Counsel to the Office of Violence Against Women Office of the U.S. Department of Justice. Jeffrey Rosen is the President and Chief Executive Officer of the National Constitution Center, the only institution in America chartered by Congress “to disseminate information about the United States Constitution on a nonpartisan basis.” He is also a professor at The George Washington University Law School, and a contributing editor for The Atlantic. Questions or comments? We would love to hear from you. Contact the We the People team at [email protected]

In May, Deputy Attorney General Rod Rosenstein appointed former FBI director Robert Mueller as special counsel to investigate allegations of collusion between the Trump campaign and the Russian government. Since Mueller’s appointment, the probe has raised a number of constitutional questions, ranging from whether the president can legally fire Mueller and end the investigation to what remedies exist should Mueller find evidence of collusion. Specifically, the investigation has led to debates about the nature of potential obstruction of justice charges against a President; if a President can actually be charged with obstruction; and the role of Congress in the investigative process. National Constitution Center Jeffrey Rosen moderates a discussion about these issues two leading experts on these topics: Laura Donohue and Sai Prakash. Donohue is Professor of Law at Georgetown Law, Director of Georgetown’s Center on National Security and the Law, and Director of the Center on Privacy and Technology. Prakash is James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law at the University of Virginia Law School. Questions or comments? We would love to hear from you. Contact the We the People team at [email protected]

Gus Hurwitz and Travis LeBlanc join National Constitution Center president and CEO Jeffrey Rosen for an engaging debate about the potential repeal of Obama-era net neutrality rules. To learn more about this week’s topic, visit our podcast resources page at constitutioncenter.org/debate/podcasts. Visit the resources page to explore show notes, guest bios, related Interactive Constitution essays, and more. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network.

Vanita Gupta and Michael Moreland join National Constitution Center president and CEO Jeffrey Rosen to preview next week’s Supreme Court arguments about a dispute over a cake shop owner’s right to not create a cake for a same-sex marriage event. Gupta is the president and CEO of The Leadership Conference on Civil and Human Rights. The Leadership Conference joined an amicus brief in this case with other civil rights groups (NAACP, Southern Poverty Law Center), siding with the Civil Rights Division. Moreland is University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy at Villanova Law School. He joined an amicus brief along with 34 other legal scholars supporting the cake shop owner. To learn more about this week’s topic, visit our podcast resources page at constitutioncenter.org/debate/podcasts. Visit the resources page to explore show notes, guest bios, related Interactive Constitution essays, and more. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network.

Alex Abdo of the Knight First Amendment Institute and Orin Kerr of George Washington Law debate whether warrantless searches and seizures of cellphone records violate the Fourth Amendment in a special podcast hosted at the National Press Club. In late November, the Supreme Court will tackle a very modern question about the venerable Fourth Amendment: Does it allow police to see where you’ve been for the past four months by looking at your cellphone data without a warrant? In Carpenter v. United States, which will be argued on November 29, cell number data placed a robbery suspect, Timothy Ivory Carpenter, near the scenes of several crimes, and at about the same time as those crimes happened. The phone information was used as evidence leading to Carpenter’s conviction on robbery charges and he is serving a long prison sentence. The Carpenter case has spurred a flurry of activity among Fourth Amendment scholars. Carpenter’s lawyers believe modern cellphone records are fundamentally different than traditional phone records cited in a 1979 Supreme Court decision at permits such searches without warrants. The U.S. Court of Appeals for the Sixth Circuit ruled against Carpenter and said the Fourth Amendment’s search warrant requirement only protects what was actually said in phone conversations. And it upheld a third-party doctrine that the phone records belong to the phone company, they aren’t private information. Note: Audio for this podcast was recorded at an October 26, 2017 live event at the National Press Club sponsored by the American Constitution Society and The Federalist Society and presented with the generous support of the Bernstein Family Foundation.

Joseph Fiskin from the University of Texas at Austin Law School and Steven Willis from the University of Florida, Levin College of Law join National Constitution Center president and CEO Jeffrey Rosen to look at potential constitutional issues related to tax reform measures under debate at Congress. Please rate and review our podcasts on iTunes. And visit our Resources page at <a href="http://constitutioncenter.org/podcasts">constitutioncenter.org/podcasts</a> to comment on this podcast, and get extra information about this important debate.

Bruce Ackerman and Chris Fonzone join National Constitution Center president and CEO Jeffrey Rosen to discuss a lawsuit challenging several congressional actions used to authorize United States military actions against ISIS and other terror groups.

As a presidential candidate, Donald Trump ran on a platform of rolling back the “administrative state.” Since taking office, President Trump has followed through on some of his campaign promises, signing various Executive Orders aimed at undoing previous Executive Orders issued by President Obama. What will be the impact of the president’s regulatory agenda? Is Trump restoring constitutional order and checks and balances through his executive orders? Joining us to discuss these important questions and more are two of America’s leading scholars of administrative law. Dan Hemel is Assistant Professor of Law at the University of Chicago Law School. His research focuses on taxation, risk regulation, and innovation law. His current projects examine the effect of tax expenditures on inequality; the role of cost-benefit analysis in tax administration; and the use of tax incentives to encourage knowledge production. He has served as visiting counsel at the Joint Committee on Taxation. He blogs at Take Care. Karen Harned is Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she has held since April 2002. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. Her organization, NFIB, was involved in litigation against the Affordable Care Act, in NFIB v. Sebelius, and is currently involved as an amicus in the NAM case before the Court.

Josh Blackman and Jed Shugerman join the National Constitution Center’s Jeffrey Rosen to discuss President Trump’s alleged violation of the Foreign and Domestic Emoluments Clauses.

Debo Adegbile and Will Consovoy join National Constitution Center president and CEO Jeffrey Rosen to discuss constitutional challenges to the Voting Rights Act and election law.

In the aftermath of the Las Vegas tragedy, renewed attention has come to controversy over the constitutional status of guns in the United States and the role of the Second Amendment. Joining National Constitution Center president and CEO Jeffrey Rosen to discuss this central question are two of the leading scholars on this subject. Saul Cornell is the Paul and Diane Guenther Chair in American History at Fordham University. Nelson Lund is University Professor at George Mason University Antonin Scalia Law School. Note to listeners: Take the Panoply user survey at survey.megaphone.fm.

Michael Morley and Daniel Tokaji join National Constitution Center president and CEO Jeffrey Rosen to discuss Supreme Court arguments in a potential landmark case about gerrymandering.

Shannon Gilreath and Keith Whittington join National Constitution Center president and CEO Jeffrey Rosen to discuss if the courts can regulate hate speech.

Michael Dorf and Ilya Shapiro join National Constitution Center president and CEO Jeffrey Rosen to preview a potentially blockbuster Supreme Court term starting in early October.

In commemoration of Constitution Day 2017, we will explore what James Madison would think of today’s presidency, Congress, courts, and media and how we can resurrect Madisonian values today.

Brian Kalt and Margaret Love join National Constitution Center president and CEO Jeffrey Rosen in a broad-ranging discussion about the President’s constitutional powers to issue pardons.

Protests in Charlottesville, Baltimore, and Ferguson have prompted many questions about the right to protest in our country. What restrictions can governments place on assemblies? What responsibilities do governments have to protect protestors? How should we think about the right to protest in a free society? John Inazu and Burt Neuborne join National Constitution Center president and CEO Jeffrey Rosen to discuss Charlottesville and the right to free assembly.

Article I of the Constitution gives Congress the power to declare war, raise armies, and regulate forces. Yet Article II names the President the Commander-in-Chief and vests him with the executive power. Who should be in charge of the nation’s security? What does the Constitution say about the relationship between Congress and the President in wartime? With rising tensions with North Korea, Afghanistan, and the global war on terror, these questions are as important as ever. Joining National Constitution Center president and CEO Jeffrey Rosen to discuss these important questions are two leading scholars of national security law. Sai Prakash is the James Monroe Distinguished Professor of Law at the University of Virginia. He is the author of Imperial from the Beginning: The Constitution of the Original Executive. He has written extensively on the domestic war powers of Congress, the powers of the presidency, and the Constitution. Deborah Pearlstein is an associate professor at Benjamin N. Cardozo School of Law. Her work on national security and the separation of powers has appeared widely in law journals and the popular press. Today, she serves on the editorial board of the peer-reviewed Journal of National Security Law and Policy. CREDITS Today’s show was engineered by Kevin Kilbourne and produced by Ugonna Eze and Lana Ulrich. Research was provided by Lana and Tom Donnelly. 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. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. And finally, despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more.

Can President Trump block citizens from following his own Twitter feed? The Knight First Amendment Institute at Columbia University has filed suit on behalf of several Twitter users who were denied the ability to follow the President’s Twitter feed after they made comments critical of him. The Institute claims that the ban is a violation of a First Amendment right to free speech and free assembly, and that a public official’s social media page is a designated public forum. The Justice Department, defending President Trump, says the courts are powerless to tell President Trump how he can manage his private Twitter handle and the Institute’s requests would “send the First Amendment deep into uncharted waters.” Joining our We The People podcast to discuss these arguments are Alex Abdo, a senior staff attorney at the Knight First Amendment Institute and Eugene Volokh, the Gary T. Schwartz Professor of Law at UCLA School of Law. CREDITS Today’s show was engineered by Jason Gregory and produced by Ugonna Eze and Lana Ulrich. Research was provided by Lana and Tom Donnelly. 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. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. And finally, despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more.

National Constitution Center president and CEO Jeffrey Rosen moderates a special discussion about the 1963 Birmingham Church bombing and how it impacted the meaning of equality in America. In this event, held on June 16 in Philadelphia, bombing survivor Sarah Collins Rudolph, Washington Post editor and author of Kennedy and King Steven Levingston, and Philadelphia Orchestra composer-in-residence Hannibal Lokumbe spoke with Rosen about the bombing’s legacy could also bring about constitutional change.

John Avlon, editor-in-chief of The Daily Beast, discusses the first president’s momentous and prescient farewell address to the nation and how the address could help reunite America through the lessons rooted in Washington’s experience as described in his new book, Washington’s Farewell: The Founding Father’s Warning to Future Generations. Michael Gerhardt, scholar-in-residence at the National Constitution Center, moderates. the discussion.

In a special We The People podcast event, National Constitution Center president and CEO Jeffrey Rosen talks about the importance of the Supreme Court’s future at the famed Chautauqua Institution. Rosen spoke to an enthusiastic crowd on July 26, 2017 at the Institution in the southwestern part of New York State, which was founded in 1874. Among the upcoming cases Rosen discussed were free speech and privacy issues in front of the Supreme Court during its next term, which starts in October. In particular, the case of Carpenter v. United States is expected to be one of the biggest decisions of the upcoming term, Rosen said. The Carpenter case involves the ability of police to seize a cellphone using a statute, and not probable cause under the Fourth Amendment, to see information about its user’s locations over a several-month period. Also, Rosen previewed an important religious freedom case before the Court in its next term, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, about compelled free speech. Today’s show was edited by David Stotz. The host of We the People is Jeffrey Rosen. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast. Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more.

Deborah Archer of New York Law School and Derek Muller of Pepperdine University discuss the agenda and challenges of the Presidential Advisory Commission on Election Integrity. Read about the 24th Amendment on the National Constitution Center's Interactive Constitution. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast. Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. Today’s show was edited by David Stotz and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Jackie McDermott. The host of We the People is Jeffrey Rosen. Special thanks to Tom Donnelly for serving as host.

David Schleicher of Yale University and Todd Zywicki of George Mason University discuss the text, history, and future of this contested amendment. New essays are now available on the Constitution Center's Interactive Constitution. Read about the 17th Amendment, the 20th Amendment, the 24th Amendment, and the 25th Amendment. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast. Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. Today’s show was edited by Kevin Kilbourne and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen.

At a live event in Los Angeles, CA, Cindy Cohn of the Electronic Frontier Foundation, Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit, and Eugene Volokh of UCLA discuss current debates about speech online. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast! Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. Today’s show was edited by Jason Gregory and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen.

Brianne Gorod of the Constitutional Accountability Center and Ilya Shapiro of the Cato Institute break down the busy final days of the Court's 2016-2017 term. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast! Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. Today’s show was engineered by Jason Gregory and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen.

Legendary Supreme Court reporter Lyle Denniston reflects on the Court, the Constitution, and his long career. Continue today’s conversation on Facebook and Twitterusing @ConstitutionCtr. We want to know what you think of the podcast! Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. Today’s show was engineered by Jason Gregory and produced by Nicandro Iannacci. The host of We the People is Jeffrey Rosen.

Cybersecurity expert Paul Rosenzweig and Stephen Vladeck of the University of Texas explore the constitutional debate over leaks and their publication. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast! Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. Today’s show was edited by Kevin Kilbourne and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen.

Steve Calabresi of Northwestern University and Sheryll Cashin of Georgetown University discuss the landmark case and its constitutional legacy. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast! Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Please subscribe to We the Peopleand our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. Today’s show was edited by Jason Gregory and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen.

Celebrated First Amendment attorney Floyd Abrams examines the degree to which American law protects free speech more often, more intensely, and more controversially than anywhere else in the world. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast! Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. This show was engineered by David Stotz and edited by Jason Gregory. It was produced by Nicandro Iannacci. The host of We the People is Jeffrey Rosen.

Alan Dershowitz and Laura Donohue join our Jeffrey Rosen to discuss the legal and constitutional issues surrounding President Donald Trump’s handling of the Russia probe. This show was engineered by Jason Gregory and produced by Nicandro Iannacciand Scott Bomboy. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen. Continue today’s conversation onFacebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast! Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Please subscribe to We the Peopleand our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more.

Jeffrey Rosen, president and CEO of the National Constitution Center, answers listener questions about the Preamble, judicial power, and more. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast! Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. This show was engineered by Kevin Kilbourne and produced by Nicandro Iannacci and Scott Bomboy. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen. Special thanks to Tom for serving as guest inquisitor.

Michael Gerhardt of the University of North Carolina and Kevin Walsh of the University of Richmond explore the influential career of the nation's longest-serving chief justice. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast! Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. Please subscribe to We the Peopleand our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. This show was engineered by David Stotz and produced by Nicandro Iannacci and Scott Bomboy. Research was provided by Lana Ulrich. The host of We the People is Jeffrey Rosen. Special thanks to Tom Donnelly for serving as guest host.

Leah Litman of the University of California, Irvine, and Earl Maltz of Rutgers University discuss the latest legal developments and how the ban may ultimately fare at the Supreme Court. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast! Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. This show was engineered by David Stotz and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen.

Elizabeth Price Foley of Florida International University and Cristina Rodriguez of Yale University discuss President Trump's executive order on immigration and how Congress could respond to sanctuary cities going forward. Continue today’s conversation on Facebookand Twitter using @ConstitutionCtr. We want to know what you think of the podcast! Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. This show was engineered by Kevin Kilbourne and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen.

In a special bonus episode, Josh Blackman of the South Texas College of Law in Houston and David Cole of the American Civil Liberties Union discuss what President Trump's firing of the FBI director means for our constitutional system. If you like what we did today - a shorter episode on breaking constitutional news - let us know at [email protected]. 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. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. This show was engineered by Jason Gregory and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen.

Christopher Yoo of the University of Pennsylvania Law School and Tom Donnelly of the National Constitution Center discuss the Pennsylvania Federalist and America's greatest proponent of popular sovereignty. American Treasures: Documenting the Nation's Founding is now open at the Constitution Center. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast! Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. This show was engineered by Jason Gregory and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen.

In excerpts from Freedom Day 2017, Mickey Edwards and Norm Ornstein reflect on the state of Congress, and George Will offers his take on the future of freedom. Listen to the full program, including great panels on the media, presidency, and more, on our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast! Email us at [email protected]. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. This show was engineered by Jason Gregory and David Stotz. It was produced by Nicandro Iannacci. The host of We the People is Jeffrey Rosen.

Marci Hamilton of the University of Pennsylvania and Hannah Smith of the Becket Fund for Religious Liberty discuss the issues and best arguments in Trinity Lutheran Church of Columbia v. Comer. 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. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. This show was engineered by Jason Gregory and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen.

In a special event at Columbia University, David Pozen of Columbia and Nicholas Quinn Rosenkranz of Georgetown University discuss how to restore the separation of powers. 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. Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. This show was edited by Jason Gregory and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen. Special thanks to Zach Morrison and the Columbia chapters of the American Constitution Society and the Federalist Society for their partnership in producing this event.