In light of the ongoing subpoena fights between Congress and the president and the House Judiciary Committee’s vote to hold Attorney General Barr in contempt for refusing to release the full Mueller report—this episode addresses the questions: Are we in a constitutional crisis? Or are these normal disputes occurring within our constitutional system? Have we been here before? Adam Liptak of The New York Times and Keith Whittington of Princeton University join host Jeffrey Rosen to answer these questions. They explore legal precedent set by previous disputes between Congress and the president, and historical analogs from the Civil War through the Nixon and Clinton administrations. They also give their take on what might happen next, including how the Supreme Court might rule on the question, if asked to do so. Questions or comments about the show? Email us at email@example.com.
Henry Louis Gates, Jr., Live at America’s Town Hall
On May 7, host Jeffrey Rosen sat down with Professor Henry Louis Gates, Jr. to celebrate the opening of the National Constitution Center’s new permanent exhibit – ‘Civil War and Reconstruction: The Battle for Freedom and Equality.’ The exhibit is America’s first devoted to exploring how constitutional clashes over slavery set the stage for the Civil War, and how the nation transformed the Constitution after the war with the addition of the 13th, 14th, and 15th amendments. Professor Gates discussed the new exhibit in addition to his PBS series about Reconstruction and two new books—"Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow" and a young adult book "Dark Sky Rising: Reconstruction and the Dawn of Jim Crow." Gates told the story of the advancements of Reconstruction and the Reconstruction Amendments, how those advancements were thwarted by Jim Crow laws like poll taxes, vagrancy laws, and the rise of hate groups, how the Civil Rights Movement fought against that backlash, and how we are still dealing with many of these issues and challenges today. If you enjoyed this constitutional conversation, please listen and subscribe to our companion podcast, , on Apple Podcasts or wherever you listen. Questions or comments about the show? Email us at firstname.lastname@example.org.
Is Asking About Citizenship on the Census Unconstitutional?
Would adding a citizenship question to the 2020 census—which a lawsuit argues could dissuade people from responding to it—violate the Constitution’s enumeration clause, which requires that an “actual enumeration,” or a counting, of all Americans be performed every ten years? Does it matter how and why the question is added? Tom Wolf, Counsel at the Brennan Center for Justice, and John Eastman, Professor at Chapman University School of Law, join host Jeffrey Rosen to debate these questions. They discuss the pending Supreme Court case Department of Commerce v. New York, in which numerous states are suing Secretary of Commerce Wilbur Ross over his decision to add a citizenship question to the census. Wolf and Eastman consider how Ross’s motive for asking about citizenship on the census might affect how the justices rule on the case, and offer a helpful historical deep dive into the census itself and its inclusion of questions regarding citizenship. Questions or comments about the podcast? Email us at email@example.com.
A Constitutional Recap of the Mueller Report
This episode sheds constitutional light on the Mueller report, focusing on the question of obstruction. We explore what Special Counsel Robert Mueller did and did not conclude about obstruction, explain the “corrupt intent” requirement for an obstruction charge, and grapple with the constitutional question as to whether the president can commit obstruction. Our guests also address the question: in the aftermath of the Mueller report, what should Congress do, and what are the lessons for future Attorneys General in similar situations? Mary McCord, senior litigator at the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center, and Josh Blackman, associate professor of law at the South Texas College of Law in Houston, join host Jeffrey Rosen. Questions or comments about the show? Email us at firstname.lastname@example.org.
The Julian Assange Indictment and the First Amendment
The indictment of WikiLeaks founder Julian Assange for conspiracy to hack into a classified government computer has reignited the debate over the question: what is the line between First Amendment-protected journalism and cyber-crime? On this episode, two leading experts on the intersection of the First Amendment and national security–Josh Geltzer of Georgetown University Law Center and Ben Wizner of the American Civil Liberties Union’s Speech, Privacy, and Technology Project—join host Jeffrey Rosen to consider whether Assange’s indictment poses a threat to press freedom. Questions or comments about the show? Email us at email@example.com.