Episodios

  • Are Religious Charter Schools Constitutional?
    May 1 2025
    On April 30, the Supreme Court heard oral arguments in Oklahoma Statewide Charter School Board v. Drummond, which examines the constitutionality of religious charter schools. In this episode, Michael McConnell of Stanford Law School and Steven Green of Willamette University join Jeffrey Rosen to recap the oral arguments, debate the meaning and history of the Free Exercise and Establishment Clauses, and survey the Court’s other religion cases from this term. Resources: Fulton v. City of Philadelphia (2021) Carson v. Makin (2022) Michael McConnell and Nathan S. Chapman, Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience (2023) Steven Green et al. Brief of Historians and Legal Scholars as Amici Curiae In Support of Respondent, Oklahoma Statewide Charter School Board v. Drummond Michael McConnell et al. Brief for Amici Curiae Religious Liberty Scholars In Support of Petitioners, Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission Michael McConnell et al. Brief for Professors Douglas Laycock, Richard W. Garnett, Thomas C. Berg, Michael W. McConnell, and David M. Smolin as Amici Curiae In Support of Petitioners, Mahmoud v. Taylor 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. Follow, rate, and review wherever you listen. Join us for an upcoming ⁠live program⁠ or watch recordings on ⁠YouTube⁠. Support our important work. ⁠Donate
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    57 m
  • The Future of Birthright Citizenship
    Apr 24 2025
    On May 15, the Supreme Court will hear oral arguments in a case challenging the constitutionality of President Trump’s executive order which seeks to end birthright citizenship for the children of undocumented immigrants. Legal scholars Gabriel Chin of the University of California, Davis School of Law; Amanda Frost of the University of Virginia School of Law; Kurt Lash of the University of Richmond School of Law; and Ilan Wurman of the University of Minnesota Law School join Jeffrey Rosen to debate the scope of the citizenship clause of the Fourteenth Amendment. Resources Gabriel J. Chin and Paul Finkelman, “Birthright Citizenship, Slave Trade Legislation, and the Origins of Federal Immigration Regulation,” UC Davis Law Review (April 8, 2021) Ilan Wurman, “Jurisdiction and Citizenship,” Minnesota Legal Studies Research Paper No.25-27 (April 14, 2025) Amanda Frost, “The Coming Assault on Birthright Citizenship,” The Atlantic (Jan. 7 2025) Kurt Lash, “Prima Facie Citizenship: Birth, Allegiance and the Fourteenth Amendment's Citizenship Clause,” SSRN (Feb. 22, 2025) Amanda Frost, Testimony Before the Subcommittee on the Constitution and Limited Government, U.S. House of Representatives (Feb. 25, 2025) 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. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
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    1 h
  • The Day the Revolution Began
    Apr 17 2025
    In celebration of the 250th anniversary of the Battles of Lexington and Concord, historians Rick Atkinson, author of The British Are Coming: The War for America, Lexington to Princeton, 1775-1777; Mary Beth Norton, author of 1774: The Long Year of Revolution; and Rosemarie Zagarri, author of Revolutionary Backlash: Women and Politics in the Early American Republic, join Jeffrey Rosen to explore the events leading to the first shots of the American Revolution, the battles themselves, and the colonists’ response to this pivotal moment in history. Resources Rick Atkinson, The British Are Coming: The War for America, Lexington to Princeton, 1775-1777 (2019) Mary Beth Norton, 1774: The Long Year of Revolution (2020) Rosemarie Zagarri, Revolutionary Backlash: Women and Politics in the Early American Republic (2008) 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. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
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    58 m
  • Do the Trump Tariffs Violate the Constitution?
    Apr 11 2025
    Steven Calabresi of Northwestern University and Samuel Estreicher of New York University join Jeffrey Rosen to discuss the statutory authority for President Trump’s tariffs and whether they violate federal law or the Constitution. Resources Samuel Estreicher & Andrew Babbitt, “Are Tariffs an Emergency Power?,” Lawfare Blog (April 3, 2025) Steven Calabresi, “President Trump's New Tariffs Are Unconstitutional,” Volokh Conspiracy (April 5, 2025) Complaint for Injunctive and Declaratory Relief, Emily Ley Paper v. Trump, 3:25-cv-00464 (N.D. Fla., April 3, 2025) 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. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
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    57 m
  • Judges on Judicial Independence
    Apr 3 2025
    National Constitution Center President and CEO Jeffrey Rosen leads a special panel discussion with Federal Judges Association President Judge J. Michelle Childs of the U.S. Court of Appeals for the District of Columbia Circuit; Judge M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit and past president of the Federal Judges Association; Judge Beth Bloom of the U.S. District Court Southern District of Florida; and Judge Stephen R. Bough of the U.S. District Court Western District of Missouri. The judges explore threats to the judicial branch and the importance of judicial independence and civic education in maintaining the rule of law. This program was presented in partnership with the Federal Judges Association. Resources Michelle Childs, Justice Jackson Lecture: “The Republic is Safe as Long as the Courts Remain Open” (April 1, 2025) Code of Conduct for United States Judges John Roberts, 2024 Year End Report on the Federal Judiciary (December 2024) Federal Judges Association Civics Challenge 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. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
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    59 m
  • Who Is Government?
    Mar 27 2025
    Best-selling author Michael Lewis discusses his new book, Who Is Government?: The Untold Story of Public Service, with Jeffrey Rosen. As government programs face political headwinds, Lewis and his favorite writers examine the human stories of the heroic civil servants who make government work and why their contributions matter. This conversation was originally streamed live as part of the NCC’s America’s Town Hall series on March 26, 2025. Resources Michael Lewis, ed., Who Is Government? The Untold Story of Public Service (2025) Michael Lewis, “The free‑living bureaucrat,” The Washington Post (March 2025) Michael Lewis, “Directions to a journalistic gold mine,” The Washington Post (Nov. 2024) Michael Lewis, The Premonition: A Pandemic Story (2022) Michael Lewis, The Fifth Risk (2018) CURE ID 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. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
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    58 m
  • Deportations and the Law
    Mar 21 2025
    Trump has invoked the Alien Enemies Act of 1798, a wartime authority, to summarily deport suspected members of a Venezuelan gang. He also invoked a Cold War-era statute to deport a student activist at Columbia University. In this episode, Adam Cox of New York University and Ilya Somin of George Mason University join to discuss the scope of the president’s deportation power and to evaluate whether the administration violated the due process or speech rights of the deportees. Resources Adam Cox and Cristina Rodríguez, The President and Immigration Law (2020) Ilya Somin, Free to Move: Foot Voting, Migration, and Political Freedom (2021) Adam Cox and Ahilan Arulanantham, “Explainer on First Amendment and Due Process Issues in Deportation of Pro-Palestinian Student Activist(s),” Just Security (March 12, 2025) Ilya Somin, “The Case Against Deporting Immigrants for ‘Pro-Terrorist’ Speech,” Volokh Conspiracy (March 10, 2025) Ilya Somin, “What Just Happened: The “Invasion” Executive Order and Its Dangerous Implications” Just Security (January 28, 2025) Adam Cox, “The Invention of Immigration Exceptionalism,” Yale Law Review (November 2024) Bridges v. Wixon (1945) Harisiades v. Shaughnessy (1952) 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. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
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    1 h y 8 m
  • Is DOGE Breaking the Law?
    Mar 13 2025
    Kate Huddleston, senior legal counsel of litigation at the Campaign Legal Center, and Michael McConnell, Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford Law School, join Jeffrey Rosen to debate whether the newly created Department of Government Efficiency (DOGE) has acted lawfully in firing federal workers and freezing federal spending. Resources Campaign Legal Center, Complaint for Declaratory and Injunctive Relief, U.S. District Court for the District of Columbia (March 3, 2025) Michael McConnell and Laurence Tribe, “Is Musk’s DOGE Dodging the Law?,” Open to Debate (March 7, 2025) 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. Follow, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
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    1 h y 2 m
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