We the People National Constitution Ctr
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- News Commentary
A weekly show of constitutional debate hosted by National Constitution Center President and CEO Jeffrey Rosen where listeners can hear the best arguments on all sides of the constitutional issues at the center of American life.
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Can the Government Pressure Private Companies to Stifle Speech?
On March 18, the Supreme Court heard oral arguments in Murthy v. Missouri and NRA v. Vullo—two cases in which government officials allegedly pressured private companies to target disfavored viewpoints. Alex Abdo of the Knight First Amendment Institute and David Greene of the Electronic Frontier Foundation join Jeffrey Rosen to break down both cases. Together they discuss the state action doctrine, explore the line between coercion and persuasion, and interrogate the tension between government speech and private speech.
Resources:
Murthy v. Missouri (oral argument via C-SPAN; transcript)
NRA v. Vullo (oral argument via C-SPAN; transcript)
Bantam Books, Inc. v. Sullivan (1963)
Alex Abdo, Brief in Support of Neither Party, Murthy v. Missouri
David Greene, Brief in Support of Neither Party, Murthy v. Missouri
David Greene and Karen Gullo, “Lawmakers: Ban TikTok to Stop Election Misinformation! Same Lawmakers: Restrict How Government Addresses Election Misinformation!,” EFF (March 15, 2024)
Questions or comments about the show? Email us at podcast@constitutioncenter.org.
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You can find transcripts for each episode on the podcast pages in our Media Library. -
Democracy, Populism, and the Tyranny of the Minority
Three political scientists join Jeffrey Rosen to discuss democratic instability, backsliding, and demagogues from a historical and global perspective. Guests included Harvard’s Steven Levitsky, author of Tyranny of the Minority: Why American Democracy Reached the Breaking Point, the University of Texas-Austin’s Kurt Weyland, author of Democracy’s Resilience to Populism’s Threat, and Princeton University’s Frances Lee. This program originally aired on November 27, 2023.
Resources:
Steven Levitsky and Daniel Ziblatt, Tyranny of the Minority: Why American Democracy Reached the Breaking Point
Frances Lee, “Populism and the American Party System: Opportunities and Constraints”
Kurt Weyland, Democracy’s Resilience to Populism's Threat: Countering Global Alarmism
Steven Levitsky and Daniel Ziblatt, How Democracies Die
Questions or comments about the show? Email us at podcast@constitutioncenter.org.
Continue today’s conversation on social media @ConstitutionCtr and #WeThePeoplePodcast.
Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.
You can find transcripts for each episode on the podcast pages in our Media Library. -
The Supreme Court Says States Can’t Keep Trump Off the Ballot
On Monday March 4th, the Supreme Court reversed Colorado’s decision to remove President Trump from the ballot. The Court unanimously held that individual states cannot bar insurrectionists from holding federal office under Section 3 of the Fourteenth Amendment. Five Justices went further, ruling that Congress alone may enforce Section 3. In this episode, constitutional scholars Mark Graber of the University of Maryland Law School and Michael McConnell of Stanford Law School join Jeffrey Rosen to discuss the Court’s 9-0 decision to avoid a chaotic “patchwork” of state-level ballot eligibility decisions and the 5-4 majority’s view that Section 3 requires Congress to act before an insurrectionist may be disqualified from office.
Resources:
Trump v. Anderson (2024)
Mark Graber, “Trump’s apologists say it doesn’t matter if he’s guilty of insurrection. That’s not true”, The Guardian, (March 5, 2024)
Mark Graber, The Forgotten Fourteenth Amendment: Punish Treason, Reward Loyalty (2023)
Michael McConnell, “Is Donald Trump Disqualified from the Presidency? A Response to Matthew J. Franck”, Public Discourse, (Jan. 18, 2024)
Prof. Michael McConnell, Responding About the Fourteenth Amendment, “Insurrection,” and Trump, Volokh Conspiracy, (Aug. 2023)
Questions or comments about the show? Email us at podcast@constitutioncenter.org.
Continue today’s conversation on social media @ConstitutionCtr and #WeThePeoplePodcast.
Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.
You can find transcripts for each episode on the podcast pages in our Media Library. -
Can Texas and Florida Ban Viewpoint Discrimination on Social Media Platforms?
This week, the Supreme Court heard oral arguments in NetChoice v. Paxton and Moody v. NetChoice, which involved challenges to attempts by Texas and Florida to prevent social media sites from banning viewpoint discrimination. The challenges were brought by NetChoice, which argues that the laws’ content-moderation restrictions and must-carry provisions violate the First Amendment. The case could determine the future of our most important platforms, from Facebook to X to YouTube. Alex Abdo of the Knight First Amendment Institute and Larry Lessig of Harvard Law School recap the key issues in both cases; discuss the ideas raised in oral arguments; and preview the wide-ranging impacts these cases may bring.
Resources:
Moody v. NetChoice (oral argument via C-SPAN; transcript)
NetChoice v. Paxton (oral argument via C-SPAN; transcript)
Larry Lessig, Amicus Brief in Support of Respondents
Alex Abdo, Amicus Brief in Support of Neither Party
Lochner v. New York (1905)
PruneYard Shopping Center v. Robins (1980)
Zauderer v. Office of Disc. Counsel (1985)
Rumsfeld v. FAIR (2006)
Questions or comments about the show? Email us at podcast@constitutioncenter.org.
Continue today's conversation on social media @ConstitutionCtr and #WeThePeoplePodcast.
Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.
You can find transcripts for each episode on the podcast pages in our Media Library. -
The Pursuit of Happiness: A Conversation with Jeffrey Rosen and Jeffrey Goldberg
On Presidents Day 2024, NCC President and CEO Jeffrey Rosen launched his new book at the NCC in conversation with Jeffrey Goldberg, editor in chief of The Atlantic. They discuss The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America. This program was recorded live on February 19, 2024, and presented in partnership with The Atlantic.
Resources:
Jeffrey Rosen, The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America (2024)
Cicero, The Tusculan Disputations (ca. 45 BC)
The Quill Project
The King James Bible (1611)
Pythagoras, Stanford Encyclopedia of Philosophy
The Webster-Hayne Debates
Trump v. Anderson
“Should President Trump Be Allowed on the 2024 Ballot?,” We the People podcast (Jan. 11, 2024)
“Rhetoric of Freedom,” The Atlantic (Sept. 1999)
Questions or comments about the show? Email us at podcast@constitutioncenter.org.
Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.
Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.
You can find transcripts for each episode on the podcast pages in our Media Library. -
The Founders, the Pursuit of Happiness, and the Virtuous Life
Jeffrey Rosen talks about his new book, The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America, followed by a panel discussion on the influence of classical writers and thinkers on the founding generation. Panelists include University of Chicago Professor Eric Slauter, Pulitzer Prize-winning columnist George Will; and Melody Barnes, executive director of UVA’s Karsh Institute of Democracy. This program was recorded live on February 9, 2024.
Resources:
Jeffrey Rosen, The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America (2024)
Cicero, The Tusculan Disputations
Aristotle, Nichomachean Ethics
Melody Barnes, et al, ed., Community Wealth Building and the Reconstruction of American Democracy (2020)
Karsh Institute of Democracy, University of Virginia
Eric Slauter, The State as a Work of Art: The Cultural Origins of the Constitution (2009)
Thomas Jefferson’s Recommended Reading
George Will, Statecraft as Soulcraft: What Government Does (1984)
George Will, The Conservative Sensibility (2019)
Questions or comments about the show? Email us at podcast@constitutioncenter.org.
Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.
Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.
You can find transcripts for each episode on the podcast pages in our Media Library.