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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.

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. 

In this week’s episode, we are sharing audio from a program hosted live from Arizona State University’s Sandra Day O’Connor College of Law and presented in partnership with ASU’s Center for Constitution Design. The program centered around a discussion of the National Constitution Center’s landmark Constitution Drafting Project, and featured members from each project team— Georgetown Law’s Caroline Fredrickson of Team Progressive, the Goldwater Institute’s Timothy Sandefur of Team Libertarian, and ASU’s Ilan Wurman of Team Conservative. They discuss their approaches to constitution drafting, review points of consensus and disagreement, and reflect on the importance of cross-partisan dialogue in today’s constitutional environment. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was presented live on February 1, 2024.  Resources:  National Constitution Center, Constitution Drafting Project  National Constitution Center, Constitution Drafting Project, “The Proposed Amendments” (PDF)  Center for Constitutional Design at Arizona State University’s Sandra Day O'Connor College of Law, 2024 Model Constitutional Convention  NCC America’s Town Hall program, Justice Stephen Breyer on the Importance of Civics Education (Oct. 6, 2022)  Jeffrey Rosen, The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America (2024)  Erwin Chemerinsky, We the People: A Progressive Reading of the Constitution for the Twenty-First Century (2018)  The Preamble to the Constitution  The Declaration of Independence  Citizens United v. Federal Election Commission (2010)    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. 

Called “a degenerate son of science” by Thomas Jefferson and a “bungling lawgiver” by James Madison, Scottish philosopher David Hume was cited so often at the Constitutional Convention that delegates seemed to have committed his essays to memory. In this episode, we are sharing audio from a recent America’s Town Hall program featuring Angela Coventry, author of Hume: A Guide for the Perplexed; Dennis Rasmussen, author of The Infidel and the Professor: David Hume, Adam Smith, and the Friendship That Shaped Modern Thought; and Aaron Alexander Zubia, author of The Political Thought of David Hume, who discuss Hume’s philosophical legacy and its profound impact on the shaping of America. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was streamed live on January 29, 2024.  Resources:  Angela Coventry, ed., A Treatise of Human Nature: Being an Attempt to Introduce the Experimental Method of Reasoning into Moral Subjects  Dennis Rasmussen, The Infidel and the Professor: David Hume, Adam Smith, and the Friendship That Shaped Modern Thought  Aaron Alexander Zubia, The Political Thought of David Hume: The Origins of Liberalism and the Modern Political Imagination  National Constitution Center Town Hall program, Montesquieu and the Constitution  Jeffrey Rosen, The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America (2024)  Hume Texts Online, https://davidhume.org/  Federalist No. 10  Alexander Hamilton, The Continentalist  Federalist No. 85  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.

Several recent cases before the Supreme Court have raised important questions at the intersection of technology and law. In this episode, Alex Abdo of the Knight First Amendment Institute, Clay Calvert of the American Enterprise Institute, and David Greene of the Electronic Frontier Foundation, join Jeffrey Rosen for a conversation exploring key tech cases, including Netchoice v Paxton, Murthy v. Missouri, Lindke v. Freed, and O’Connor-Ratcliff v. Garnier. This program was streamed live on January 16, 2024.  Resources:  Knight Institute amicus brief (in support of neither party) Moody v. NetChoice & NetChoice v. Paxton  Clay Calvert, “Friends of the Court, Friends of the First Amendment: Exploring Amicus Brief Support for Platforms’ Editorial Independence,” AEI (Dec. 22, 2023)  Knight Institute amicus brief in Murthy v. Missouri (in support of neither party)  Clay Calvert, “Persuasion or Coercion? Understanding the Government’s Position in Murthy v. Missouri, Part I,” AEI (Jan. 8, 2024)  David Greene, “In Jawboning Cases, there’s no getting away from textual analysis,” Knight First Amendment Institute (Nov. 7, 2023)  David Greene, EFF Amicus Brief in O’Connor-Ratcliff v. Garnier and Lindke v. Freed (in support of Lindke and Garnier)  Miami Herald Publishing Company v. Tornillo (1974)    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. 

On January 17, the Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—two cases that ask whether the Court should overturn the landmark Chevron v. Natural Resources Defense Council case. In this episode, guests Christopher Walker of Michigan Law School and Timothy Sandefur of the Goldwater Institue join to recap the arguments in both cases and to explore the future of Chevron and the administrative state. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.   Resources: Loper Bright Enterprises v. Raimondo (oral argument via C-SPAN; transcript)  Relentless v. Department of Commerce (oral argument via C-SPAN; transcript)  Christopher Walker, Amicus Brief in Support of Neither Party, Loper Bright Enterprises v. Raimondo   Timothy Sandefur, Amicus Brief of Goldwater Institute in Support of Petitioners, Loper Bright Enterprises v. Raimondo   Chevron U.S.A. Inc., v. Natural Resources Defense Council (1984) 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.

Last month, the Colorado Supreme Court and the Maine Secretary of State determined that President Trump “engaged in an insurrection” after taking an oath to uphold the Constitution and that he is therefore disqualified from serving as president under Section 3 of the 14th Amendment. In this episode, professors Josh Blackman of the South Texas College of Law Houston and Gerard Magliocca of the Indiana University Robert H. McKinney School of Law dive into the meaning and purpose of Section 3 of the 14th Amendment and the arguments for and against Trump’s eligibility to run for a second term this fall. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.   Resources:  Jeffrey Rosen, “The Supreme Court’s Election Dilemma,” WSJ (Jan. 5, 2024)  Gerard Magliocca, “Background as Foreground: Section Three of the Fourteenth Amendment and January Sixth,” (Dec. 21, 2022)  Gerard Magliocca, “Amnesty and Section Three of the Fourteenth Amendment,” (July 20, 2021)  Gerard Magliocca, “What the Supreme Court Should Not Do in Trump’s Disqualification Case,” NY Times (Jan. 5, 2024)   Josh Blackman & Seth Tillman, “Sweeping and Forcing the President into Section Three,” (Sept. 19, 2023)   Josh Blackman & Seth Tillman, “Is the President an ‘Officer of the United States’ for Purposes of Section 3 of the Fourteenth Amendment?” (Dec. 20, 2021)   Josh Blackman & Seth Tillman, Amicus Brief in Support of Trump in Trump v. Anderson  Griffin’s Case (1869)   The Slaughterhouse Cases (1873)   Bradwell v. Illinois (1873)   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. 

In this episode: The Espionage Act of 1917, one of the most contentious statutes relating to the First Amendment, is back in the news following the indictment of President Donald Trump for allegedly mishandling classified documents. What is the Espionage Act and how has it been used over time? Legal scholar Heidi Kitrosser, author of Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution, and political historian Sam Lebovic, author of State of Silence: The Espionage Act and the Rise of America’s Secrecy Regime, explore the origins, history, and constitutional legacy of this World War I-era law. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was streamed live on December 4, 2023.   Resources: ·      Sam Lebovic, State of Silence: The Espionage Act and the Rise of America's Secrecy Regime ·      Espionage Act of 1917 and Sedition Act of 1918 (1917-1918) ·      Defense Secrets Act of 1911 ·      The Alien and Sedition Acts (1798) ·      Schenck v. United States (1919) ·      Heidi Kitrosser, Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution ·      Gorin v. United States, 312 U.S. 19 (1941) ·      Heidi Kitrosser and David Schulz, “A House Built on Sand: The Constitutional Infirmity of Espionage Act Prosecutions for Leaking to the Press” ·      United States v. Morison (4th Cir. 1988) ·      Heidi Kitrosser, “The Espionage Act After the Mar-a-Lago Indictment,” Lawfare ·      United States v. Morison (4th Cir. 1988)     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.

In this episode, Joyce Lee Malcolm, author of The Times That Try Men’s Souls: The Adams, the Quincys, and the Families Divided by the American Revolution—and How They Shaped a New Nation, and Eli Merritt, author of Disunion Among Ourselves: The Perilous Politics of the American Revolution, explore the origins and clashing ideologies during the American Revolution, how loyalists and patriots feared civil war, and how the founders’ fears of demaguges influenced their approach to constitutional design and politics. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was streamed live on December 13, 2023.   Resources: Eli Merritt, Disunion Among Ourselves: The Perilous Politics of the American Revolution Joyce Lee Malcolm, The Times That Try Men's Souls: The Adams, the Quincys, and the Battle for Loyalty in the American Revolution The Declaration of Independence Eli Merrit, "Why demagogues were the Founding Fathers' greatest fear," LA Times   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.

In this episode, Jeffrey Rosen, president and CEO of the National Constitution Center, talks with C-SPAN’s Peter Slen about the life and career of Justice Oliver Wendell Holmes, Jr. The conversation is part of C-SPAN’s Books That Shaped America series, which explores key works from American history that have had a major impact on society. This discussion features Holmes’ The Common Law, written in 1881. You can find all segments from the C-SPAN series at c-span.org/booksthatshapedamerica.   Resources: Oliver Wendell Holmes, “The Common Law,” (1881)   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.

In this episode, Robert Post, Sterling Professor of Law at Yale Law School, delves into his newly released and highly anticipated volumes from the Oliver Wendell Holmes Devise History of the Supreme Court, The Taft Court: Making Law for a Divided Nation, 1921–1930. Post explores the history of the Taft Court and the contrasting constitutional approaches among its justices, including Chief Justice Taft, Louis Brandeis, Oliver Wendell Holmes, Jr., and the infamous James McReynolds. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was originally streamed live as part of our America’s Town Hall series on December 11, 2023.   Resources:  Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930  Meyer v. Nebraska, 262 U.S. 390 (1923)  Chas. Wolff Packing Co. v. Court of Ind. Relations, 262 U.S. 522 (1923)  Whitney v. California (1927)  Brandenburg v. Ohio (1969)  Gitlow v. New York (1925)    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. 

On Tuesday, December 4, the Supreme Court heard oral arguments in Moore v. United States. The case concerns a challenge to the “mandatory repatriation tax,” and asks whether the Constitution allows Congress to tax American shareholders for the unrealized earnings of a foreign corporation. In this episode, Akhil Amar of Yale Law School and Anastasia Boden of the Cato Institute join Jeffrey Rosen to break down the arguments on both sides of the case. The conversation touches on the history of taxation in the Founding era, the extent of Congressional power, and the very meaning of the word “taxation.”   Resources: Anastasia Boden, Amicus Brief for Petitioners, Moore v. United States Akhil Amar and Vikram Amar, Amicus Brief for Respondents, Moore v. United States   Moore v. United States (oral argument via C-SPAN) 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.