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On June 7, President Trump asserted control over California’s National Guard. In this episode, Professor Michael Ramsey of the University of San Diego School of Law and Liza Goitein of the Brennan Center join Jeffrey Rosen to explore the meaning of 10 U.S.C. 12406 and unpack California Governor Gavin Newsom’s lawsuit challenging the legality of President Trump’s actions.
Resources
Michael Ramsey, “John Yoo on Presidential Authority to Use the National Guard,” The Originalism Blog (June 13, 2025)
Elizabeth Goitein, “Unpacking Trump’s Order Authorizing Domestic Deployment of the Military,” The Brennan Center (June 10, 2025)
Elizabeth Goitein, “Preventing Use of National Guard to Evade Posse Comitatus Act,” Center for a New American Security (May 20, 2025)
Newsom v. Trump, Northern District of California (June 12, 2025)
Martin v. Mott (1827)
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Gillian Metzger of Columbia Law School and Saikrishna Prakash of the University of Virginia School of Law join Jeffrey Rosen to examine the founders’ vision for the presidency, review how presidential power has changed over time, and debate the constitutional questions—including the unitary executive theory—that have shaped the modern presidency.
Resources
Federalist No. 70, New York Packet (March 18, 1788)
Myers v. United States (1926)
Trump v. United States (2024)
Saikrishna Prakash, The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers, (2020)
Saikrishna Prakash, Imperial from the Beginning: The Constitution of the Original Executive, (2015)
Gillian Metzger, “Disqualification, Immunity, and the Presidency,” Harvard Law Review, Vol. 138 (April 1, 2025)
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Charles Sumner was an abolitionist senator who helped to write the post-Civil War Constitution and give birth to modern civil rights law. Zaakir Tameez, author of the new biography Charles Sumner: Conscience of a Nation, joins Jeffrey Rosen to discuss Sumner as a moral thinker, political activist, and constitutional visionary.
Resources
Zaakir Tameez, Charles Sumner: Conscience of a Nation
Zaakir Tameez, “What we can learn from the senator who nearly died for democracy,” The Washington Post (June 1, 2025)
Richard Kreitner “Charles Sumner Was More Than Just a Guy Who Got Caned on the Senate Floor,” The New York Times (June 2, 2025
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In celebration of Jewish American Heritage Month, Richard Kreitner, author of Fear No Pharaoh: American Jews, the Civil War, and the Fight to End Slavery, and Shari Rabin, author of The Jewish South: An American History, join Jeffrey Rosen for a wide-ranging discussion on the Southern Jewish experience from the Revolutionary era to the Civil War. They discuss how American Jews reckoned with religious discrimination and slavery, explore Jewish participation in the Civil War, and remember some of the notable American Jews who helped shape this tumultuous era.
This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on May 29, 2025. It was presented in partnership with the Weitzman National Museum of American Jewish History and in celebration of Jewish American Heritage Month.
Resources
Richard Kreitner, Fear No Pharaoh: American Jews, the Civil War, and the Fight to End Slavery (2025)
Shari Rabin, The Jewish South: An American History (2025)
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Constitutional scholars Ilya Shapiro, Stephen Vladeck, and Adam White join NCC President and CEO Jeffrey Rosen to debate whether the Trump administration has overreached on executive power, analyze the relationship between the federal courts and the president, and put the present moment in historical context. This conversation was originally recorded on May 21, 2025, at George Washington’s Mount Vernon.
Resources
J. Michael Luttig, “The End of Rule of Law in America,” The Atlantic (May 14, 2025)
Stephen Vladeck, “What the Courts Can Still Do to Constrain Trump,” The Atlantic (April 15, 2025)
Ilya Shapiro, “Don’t Throw My Executive Power in That Briar Patch!,” Shapiro’s Gavel Substack (April 24, 2025)
Adam White, “WTH Is Going On with Birthright Citizenship? Adam White Explains” WTH Is Going On podcast (Jan. 30, 2025)
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Retired Supreme Court Justice David Souter passed away on May 8, 2025, at his home in New Hampshire. In this episode, his former clerks, Judge Kevin Newsom of the U.S. Court of Appeals for the 11th Circuit and Professor Jeannie Suk Gersen of Harvard Law School, join Jeffrey Rosen for a conversation on Justice Souter’s life and constitutional legacy. Retired Justice Stephen Breyer also shares memories of his former colleague.
Resources
Jeannie Suk Gersen, “Justice Souter Was the Antithesis of the Present,” The New Yorker (May 15, 2025)
Linda Greenhouse, “David H. Souter, Republican Justice Who Allied With Court’s Liberal Wing, Dies at 85,” The New York Times (May 9, 2025)
Planned Parenthood v. Casey (1992)
Bush v. Gore (2000)
Atwater v. City of Lago Vista (2001)
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Brian Kalt of Michigan State College of Law and Jeffrey Toobin, author of The Pardon: The Politics of Presidential Mercy, join Jeffrey Rosen to explore the founders’ vision for the pardon power and the use of the presidential pardon throughout American history—from Thomas Jefferson’s pardons to those issued by Presidents Biden and Trump.
This conversation was originally streamed live as part of the NCC’s America’s Town Hall series on March 27, 2025.
Resources
Jeffrey Toobin, The Pardon: The Politics of Presidential Mercy (2025)
Brian Kalt, Constitutional Cliffhangers (2012)
Nixon Pardon (Gerald Ford Presidential Library)
Trump v. United States (2024)
Alexander Hamilton, The Federalist No. 74, New York Packet (March 28, 1788)
Abraham Lincoln, “Proclamation 124—Offering Pardon to Deserters” (March 11, 1865)
United States v. Klein (1871)
Ex parte Garland (1866)
Andrew Glass, “Bush pardons Iran-Contra felons, Dec. 24, 1992,” Politico (Dec. 24, 2018)
Presidential Records Act
Donald Trump, “Granting Pardons and Commutation of Sentences for Certain Offenses Relating to the Events at or Near the United States Capitol on January 6, 2021,” (Jan. 20. 2025)
Jimmy Carter, “Proclamation 4483—Granting pardon for violations of the Selective Service Act, August 4, 1964, to March 28, 1973,” (Jan. 21, 1973)
Pardons granted by President Barack Obama
Pardons granted by President Joe Biden
Pardons granted by President Bill Clinton
Pardons granted by President Donald Trump
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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
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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)
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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)
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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)
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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
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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
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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)
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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)
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Jonathan Rauch, author of Cross Purposes: Christianity’s Broken Bargain with Democracy, and Julian Zelizer, author of In Defense of Partisanship, join Jeffrey Rosen for a wide-ranging discussion on their new books and the rise of partisanship in America.
This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on March 3, 2025.
Resources
Julian E. Zelizer, In Defense of Partisanship (2025)
Jonathan Rauch, Cross Purposes: Christianity's Broken Bargain with Democracy (2025)
Julian E. Zelizer, Abraham Joshua Heschel: A Life of Radical Amazement (2021)
Jonathan Rauch, “Christian Renewal and the Future of American Democracy,” Brigham Young University Wheatley Institute (Jan. 24, 2025)
Jeffrey Rosen, The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America (2024)
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Jamelle Bouie and David French of The New York Times, Sarah Isgur of The Dispatch, and Melissa Murray of NYU School of Law join Jeffrey Rosen to discuss the relationship between the Roberts Court and the Trump administration. They discuss how the Supreme Court might resolve open legal questions—including impoundment and the unitary executive theory—and debate the Court’s role in maintaining the separation of powers.
This conversation was originally recorded on February 22, 2025, as part of the NCC’s President’s Council Retreat in Miami, Florida.
Resources
Melissa Murray (with Leah Litman and Kate Shaw), “Yes, We’re in a Constitutional Crisis” Strict Scrutiny podcast (Feb. 17, 2025)
Jamelle Bouie, Michelle Cottle, David French, and Carlos Lozada, “Opinion: Don’t be Fooled, ‘Trump is a Weak President’” The New York Times (Feb. 14, 2025)
David French, “The Trump Crisis Deepens,” The New York Times (Feb. 6, 2025)
Sarah Isgur and David French, “Lawless or Unwise?” Advisory Opinions podcast (Feb. 14, 2025)
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President Trump’s far-reaching executive actions have given rise to a debate about whether the president is acting within the tradition of presidential power—or whether recent events represent a departure from the constitutional order and precedent. Melody Barnes of the University of Virginia Karsh Institute for Democracy, Charles Cooke of National Review, Joanne Freeman of Yale University, and Yuval Levin of the American Enterprise Institute join Jeffrey Rosen to discuss the American tradition of presidential power and evaluate analogues to our constitutional moment from across U.S. history.
This conversation was originally recorded on February 20, 2025, as part of the NCC’s President’s Council Retreat in Miami, Fla.
Resources
Yuval Levin, “A Rule of Thumb for the Executive Power Debates,” National Review Online (February 5, 2025)
Melody Barnes et al., Karsh Institute of Democracy Statement of Principles
Melody Barnes, Corey D. B. Walker and Thad M. Williamson, “Introduction: Can We Make American Democracy Work?,” in Community Wealth Building and the Reconstruction of American Democracy (2020)
Charles Cooke, The Conservatarian Manifesto: Libertarians, Conservatives, and the Fight for the Right’s Future (2015)
Charles Cooke, “The American System Works, and It Will Work If Trump Wins Again,” National Review (Dec. 15, 2023)
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Jeffrey Rosen discusses the 14th Amendment with Sherrilyn Ifill, the head of the 14th Amendment Center for Law & Democracy at Howard Law School and the former president of the NAACP Legal Defense Fund, Pamela Brandwein, author of Rethinking the Judicial Settlement of Reconstruction, and Ilan Wurman, author of The Second Founding: An Introduction to the Fourteenth Amendment. They discuss the historical events that gave rise to the 14th Amendment and debate its original meaning. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on February 10, 2025, in partnership with the Federal Judicial Center.
Resources
Ilan Wurman, The Second Founding: An Introduction to the Fourteenth Amendment (2020)
Pamela Brandwein, Rethinking the Judicial Settlement of Reconstruction (2011)
Sherrilyn Ifill, “Why are U.S. courts afraid of the 14th Amendment? Because it’s radical,” The Washington Post (Nov. 23, 2023)
Sherrilyn Ifill, “Yes, this is America: Why I’m Creating the 14th Amendment Center for Law and Democracy,” Substack (July 7, 2023)
14th Amendment
Title VI, Civil Rights Act of 1964
The Civil Rights Act of 1866
The Reconstruction Amendments
Brown v. Board of Education
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Since January 20, 2025, President Trump has issued dozens of executive orders, several of which have attracted legal challenges. Steve Vladeck of Georgetown University Law Center and Gary Schmitt of the American Enterprise Institute join Jeffrey Rosen to parse the flurry of executive orders and preview the lawsuits they face.
Resources
White House Presidential Actions
“Litigation Tracker: Legal Challenges to Trump Administration Actions”, Just Security
Steve Vladeck, “The Impoundment Crisis of 2025”, One First SubStack (Jan. 28, 2025)
Steve Vladeck, “Trump's Guantánamo Memo”, One First Substack (Jan. 30, 2025)
Gary Schmitt, “Presidential Impoundment, Explained”, The Dispatch (Jan. 17, 2025)
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Donate - Visa fler
