Live at the National Constitution Center

Last week, we hosted a discussion of how the U.S. Constitution was written and how it has changed over time, featuring two authors with different takes: professors Wilfred Codrington III of Brooklyn Law School and Charles R. Kesler of Claremont McKenna College. Professor Codrington unveiled his new book 'The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union.' Codrington tells the story of constitutional change through his focus on the amendments that he says have reshaped our founding document in order to create a more perfect union. At the same time, Professor Kesler presented his book, 'Crisis of the Two Constitutions: The Rise, Decline, and Recovery of American Greatness.' Kesler’s focus is on the Constitution as written in 1787, as opposed to a narrative of the progressive or “living” constitution, and argues that the two are at odds with each other. National Constitution Center president and CEO Jeffrey Rosen moderates.This conversation was streamed live on October 26, 2021.

Historian Gordon Wood unveiled his new book Power and Liberty: Constitutionalism in the American Revolution at the National Constitution Center earlier this fall. He was joined in person by Professor Edward Larson, author of Franklin and Washington: The Founding Partnership; and virtually by Professor Emily Pears, author of the forthcoming book Chords of Affection: Constructing Constitutional Union in Early American History, as well as Professor Lucas Morel, author of Lincoln and the American Founding. The panel discussed America’s earliest constitutional ideas, principles, and debates—from roots in the United Kingdom to the American Revolution through the Constitutional Convention and beyond.This conversation was held in person and streamed live on Constitution Day—September 17, 2021.This interview was edited for length and clarity.If you’d like to check out more content about the American Revolution, check out our constitutional class on the principles and ideas of the American revolution featuring renowned scholar Akhil Amar: https://constitutioncenter.org/interactive-constitution/educational-video/principles-of-the-american-revolution-with-akhil-reed-amar

What has patriotism meant over time, and how has civil debate shaped it? We hosted a discussion of that question last week featuring philosopher Steven Smith of Yale University, who shared insight from his new book, Reclaiming Patriotism in an Age of Extremes. He was joined by historians Allen Guelzo of Princeton University and Sophia Rosenfeld of the University of Pennsylvania. They explored some of the key episodes of patriotism and dissent throughout American history—from the Revolution through the Founding and the Civil War to today. Jeffrey Rosen, president and CEO of the National Constitution Center, moderated.This panel was streamed live on October 13, 2021. 

Last week, we hosted a discussion of a major issue at the forefront of national police reform: whether qualified immunity for police officers should be reformed—and if so, how? Qualified immunity is a defense that government officials—like police officers—can raise in response to civil lawsuits for money damages that are brought for alleged violations of constitutional rights. Under current U.S. Supreme Court precedent, unless an officer violated a “clearly established” law of which a reasonable person would have known—the officer can invoke qualified immunity. National Constitution Center President and CEO Jeffrey Rosen was joined by Gloria Browne-Marshall, professor of constitutional law at John Jay College of Criminal Justice; Leonard Kesten, an attorney who has litigated hundreds of cases involving the application of qualified immunity; and Rafael Mangual, senior fellow and head of research for the Policing and Public Safety Initiative at the Manhattan Institute. The panel unpacked the qualified immunity doctrine, how it plays out in real world cases, and whether it needs reform.This panel was a partnership with WHYY’s Your Democracy initiative, supported by the Sutherland Family. It was streamed live on October 7, 2021.Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution.Questions or comments about the show? Email us at podcast@constitutioncenter.org.

The Supreme Court today continues to vigorously debate the scope of religious exemptions—which allow individuals or organizations to be exempt from following certain laws that they say burden their religious beliefs—in high-profile cases such as Fulton v. City of Philadelphia (2021). This episode dives into the current and historic debates over religious exemptions in a panel featuring Douglas Laycock, author of the five-volume series The Collected Works on Religious Liberty; Vincent Phillip Muñoz, author of God and the Founders; and Kathleen Brady, author of The Distinctiveness of Religion in American Law. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program is presented in partnership with the University of Notre Dame's Center for Citizenship & Constitutional Government.Check out additional programming about religious exemptions at https://constitutioncenter.org/interactive-constitution/media-library?amendment=14909 and below: We the People episode, "The Future of Church and State at SCOTUS" https://constitutioncenter.org/interactive-constitution/podcast/the-future-of-church-and-state-at-scotus On Fulton v. City of Philadelphia (2021): We the People episode, "Religious Groups, Foster Care, and the First Amendment" https://constitutioncenter.org/interactive-constitution/podcast/the-future-of-church-and-state-at-scotus Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution.Questions or comments about the show? Email us at podcast@constitutioncenter.org.

We’re back with new episodes sharing our fall programming! On September 17—Constitution Day, the anniversary of the signing of the Constitution—three judges from the Third Circuit Court of Appeals joined host Jeffrey Rosen for a panel. The judges shared an inside look into some of their rulings that then became blockbuster Supreme Court cases. Judge Cheryl Ann Krause discussed her ruling in the case involving a cheerleader who was punished for a Snapchat, Mahanoy Area School District v. B.L. Judge Stephanos Bibas spoke on his decision in one of the major Trump campaign challenges to the 2020 election results, Donald Trump for President, Inc v. Secretary Commonwealth of Pennsylvania. And Judge Marjorie Rendell shared insight into her decision in Fulton v. City of Philadelphia, the case spurred by the city barring Catholic Social Services (CSS) from placing children in foster homes because CSS refused to allow same-sex couples to be foster parents. The judges also reflected on their work more broadly, their efforts to find compromise among colleagues with differing opinions, and their important roles in American government. Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution.Questions or comments about the show? Email us at podcast@constitutioncenter.org.

The Anti-Defamation League, or ADL, recently presented a Supreme Court term review panel hosted virtually at the National Constitution Center. Moderator and veteran Supreme Court journalist Dahlia Lithwick was joined by Dean Erwin Chemerinsky of Berkeley Law, former Solicitor General of the United States and current Supreme Court advocate Paul Clement, Georgetown Law professor Frederick Lawrence, and NYU Law professor Melissa Murray. This panel was streamed live on July 8th, 2021.Learn more about the 2020-2021 Supreme Court term by checking out our companion podcast We the People. Recent episodes feature experts of all viewpoints detailing and explaining the importance of the key Supreme Court decisions from this past term. Search “We the People" on Apple Podcasts, Spotify, or wherever you get your podcasts, or visit our Media Library at constitutioncenter.org/constitution.

Earlier this summer, we partnered with The Cultural Services of the French Embassy on a pair of programs comparing the freedoms of religion and speech in France and in the United States, and how those freedoms are protected in the two countries. In this program, a panel of experts from both countries explores how freedom of speech and press as guaranteed by the French Declaration of the Rights of Man and of the Citizen differs from freedom of speech and press in America under the First Amendment of the Constitution—as well as how laws and courts in both countries protect those rights and address issues over controversial speech. National Constitution Center President and CEO Jeffrey Rosen was joined by Marc-Olivier Bherer, staff editor and reporter for the French daily Le Monde and Nieman Fellow at Harvard in the 2021 class; Suzanne Nossel, CEO of PEN America and author of Dare to Speak: Defending Free Speech for All; Geoffrey Stone, professor at the University of Chicago Law School; and Hélène Tigroudja, law professor at Aix-Marseille University in France and a member of the United Nations Human Rights Committee.This panel was streamed live on June 1, 2021.Check out another program from our partnership with the French embassy, “Religious Liberty in France and America,” and more programs on free speech in our Media Library at constitutioncenter.org/constitution.Additional resources and transcript available at constitutioncenter.org/interactive-constitution/media-library.Questions or comments about the show? Email us at podcast@constitutioncenter.org.

The National Constitution Center and the SNF Agora Institute at Johns Hopkins University recently presented a conversation exploring how significant the role of “we the people” should be in governing. The panel debated whether more power should be returned to the American people and, if so, what reforms should be enacted to meet that goal? National Constitution Center President and CEO Jeffrey Rosen was joined by Dan McLaughlin, senior writer at National Review Online and professor Hahrie Han, co-author of Prisms of the People: Power and Organizing in 21st Century America and the inaugural director of the SNF Agora Institute. This panel was streamed live on June 23rd, 2021. Check out additional programs from our Guardrails of Democracy initiative, including "How to Restore the Guardrails of Democracy," in our Media Library.Additional resources and transcript available at constitutioncenter.org/interactive-constitution/media-libraryQuestions or comments about the show? Email us at podcast@constitutioncenter.org.

State constitutions influenced the drafting of the U.S. Constitution and continue to shape constitutional rights today. The Virginia Constitution of 1776 in particular influenced both the Declaration of Independence and the Bill of Rights. As we get ready to celebrate Independence Day, National Constitution Center President and CEO Jeffrey Rosen joined experts for a two-part conversation on state constitutions. First, Rosen was joined by A.E. Dick Howard of the University of Virginia. Professor Howard is an expert on the Virginia Constitution of 1776 and Virginia’s current constitution, which he helped draft and is commemorating its 50th anniversary this year. Rosen was then joined by two experts on state constitutions: Judge Jeffrey Sutton, author of 51 Imperfect Solutions: States and the Making of American Constitutional Law, and professor Emily Zackin, author of Looking for Rights in All the Wrong Places: Why State Constitutions Contain America’s Positive Rights. This panel was streamed live on June 28, 2021. If you’re interested in learning more about state constitutions, check out some of our past programs including this Town Hall program featuring Judge Jeffrey Sutton, “Why State Constitutions Matter.”Register for our 2021 Annual Supreme Court Review on July 8 at constitutioncenter.org/debate.Questions or comments about the show? Email us at podcast@constitutioncenter.org.Additional resources and transcript available at constitutioncenter.org/interactive-constitution/media-library.