Live At America's Town Hall

New York Times bestselling author Cass Sunstein unveils his new book, How to Interpret the Constitution—a citizen’s guide to the rival approaches of originalism and living constitutionalism. Sunstein is joined by leading constitutional expert Philip Bobbitt of Columbia Law School to discuss the current controversies surrounding constitutional interpretation and provide their takes on the competing methodologies. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Participants Philip Bobbitt is the Herbert Wechsler Professor of Federal Jurisprudence at Columbia Law School. He is the author of 10 books, including Constitutional Fate; Constitutional Interpretation; and his most recent work is a new edition of the authoritative Impeachment: A Handbook, written in 1974 by Charles Black. Cass Sunstein is the Robert Walmsley University Professor at Harvard University and the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School. He is th

How did America’s founders view religious liberty? And what does it mean today? Constitutional law experts Marci Hamilton, author of God vs. the Gavel: The Perils of Extreme Religious Liberty, and Michael McConnell, co-author of Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience, join for a special Constitution Day discussion to celebrate the opening of the Center’s new First Amendment gallery. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Resources: National Constitution Center’s First Amendment gallery  Marci Hamilton, God vs. the Gavel: The Perils of Extreme Religious Liberty (2014) Marci Hamilton, “‘Warped history’: How the U.S. supreme court justified gutting gay rights,”  The Guardian (Aug 23, 2023) “Prof. Michael McConnell (Stanford) on 303 Creative (the Web Site Designer / Same-Sex Wedding Case),” Volokh Conspiracy (Dec. 2022)  Michael McConnell, Agreeing to Disagree: How the Establishment Clause Pr

The National Constitution Center, in partnership with a coalition of leading free speech organizations, is convened a National First Amendment Summit on September 13, 2023 to discuss the increasing threats to freedom of expression and to celebrate the opening of the Center's new First Amendment gallery. This program is presented in partnership with the Freedom Forum, FIRE, the First Amendment Watch at NYU, PEN America, and the Reporters Committee for Freedom of the Press. Keynote: A Conversation with Salman Rushdie  The keynote panel of the event, a conversation with author and free speech advocate Salman Rushdie about the importance of free speech in a democratic society and the forces of censorship that imperil its existence, was moderated by Suzanne Nossel, CEO of PEN America. Panel 1: The Origins of the First Amendment and Its Central Role in Democracy Probing the origins of the First Amendment and its critical role as a check on the government Akhil Reed Amar, Sterling Professor of Law and Political

The National Constitution Center and the Anti-Defamation League present an America’s Town Hall featuring legal experts Erwin Chemerinsky, Miguel Estrada, Gregory G. Garre, Frederick M. Lawrence, and Dahlia Lithwick to discuss the most significant decisions of the term, including cases on affirmative action, religious accommodation, social media regulation, voting rights, and more. Journalist Amy Howe moderates. Introductory remarks are provided by Jeffrey Rosen, president and CEO of the National Constitution Center, and Marjorie Zessar, chair of ADL’s Legal Affairs Committee. This program is presented in partnership with ADL. Additional Resources ADL, 2023 Supreme Court Review: Written Materials and Resources Groff v. DeJoy (2023) 303 Creative LLC v. Elenis (2023)  Students for Fair Admissions v. President and Fellows of Harvard College (2023) Students for Fair Admissions v. University of North Carolina (2023) Moore v. Harper (2023) Allen v. Milligan (2023) Gonzalez v. Google LLC (2023) Twitter, In

Described in The Federalist as “the celebrated Montesquieu,” Charles de Montesquieu was cited more often than any other author from 1760-1800. In what ways did his writings and ideas help shape the U.S. Constitution and the structure of American government? Join William B. Allen of Michigan State University, Thomas Pangle of the University of Texas at Austin, Dennis Rasmussen of Syracuse University, and Diana Schaub of the American Enterprise Institute, for a discussion on the political thought of Montesquieu and his influence on American democracy. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Additional Resources Dennis Rasmussen, Fears of a Setting Sun: The Disillusionment of America's Founders Diana Schaub, Erotic Liberalism: Women and Revolution in Montesquieu’s Persian Letters The Federalist Papers Dennis Rasmussen, The Pragmatic Enlightenment: Recovering the Liberalism of Hume, Smith, Montesquieu, and Voltaire Thomas Pangle, Montesquieu’s Philosophy of Liberalis

A panel of libertarian and conservative scholars—J. Joel Alicea of The Catholic University of America Columbus School of Law, Anastasia Boden of the Cato Institute, and Sherif Girgis of Notre Dame Law School—join for an in-depth comparative look at the different strands of originalism as a constitutional methodology. We explore originalism’s modern history and application by current members of the Roberts Court through the examples of recent cases, and how originalism intersects with textualism and other interpretive approaches. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Additional Resources Moore v. Harper (2023) New York State Rifle & Pistol Association Inc. v. Bruen (2023) Grutter v. Bollinger (2002) District of Columbia v. Heller (2008) National Constitution Center, "Second Amendment," Interactive Constitution Bostock v. Clayton County (2020) Counterman v. Colorado (2023)  John O. McGinnis and Michael B. Rappaport, Originalism and the Good Constitution Randy

Judge Amul Thapar and former Judge Bernice Donald, both of the United States Court of Appeals for the Sixth Circuit, discuss Thapar’s new book, The People’s Justice: Clarence Thomas and the Constitutional Stories that Define Him. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Additional Resources Amul Thapar, The People’s Justice: Clarence Thomas and the Constitutional Stories that Define Him Kelo v. New London (2005) Bernice Donald and Don Willett, "How to counter today’s tribalism and build ‘a more perfect union’," The Washington Post Zelman v. Simmons-Harris (2002) Grutter v. Bollinger (2003) Connick v. Thompson (2011)     Stay Connected and Learn More Continue the 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. Please subscribe to Live at the National Constitution Center and our companion podcast We the People on Apple Podcasts, 

In today’s polarized political climate, how can Americans foster constructive conversations and compromise across the political spectrum to address the nation’s most pressing issues? Ronnie Janoff-Bulman, psychologist and author of The Two Moralities: Conservatives, Liberals, and the Roots of Our Political Divide; Matthew Levendusky, political scientist and author of Our Common Bonds: Using What Americans Share to Help Bridge the Partisan Divide; and Kenji Yoshino, legal scholar and author of Say the Right Thing: How to Talk About Identity, Diversity, and Justice, join for a conversation exploring the roots of America’s political divide, various strategies for overcoming partisan gridlock, and how and why to engage in difficult discussions to secure the future of democracy. Thomas Donnelly, chief content officer at the National Constitution Center, moderates. This program is made possible through the generous support of Citizen Travelers, the nonpartisan civic engagement initiative of Travelers. Additional R

Free-speech advocates Garry Kasparov, former world chess champion, political activist, and chairman of the Renew Democracy Initiative; Evan Mawarire, Zimbabwean pastor, democratic activist, and director of education at the Renew Democracy Initiative; and Suzanne Nossel, CEO of PEN America, discuss the state of free expression in the United States, Russia, Zimbabwe and around the world. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.   This program is presented in partnership with the Renew Democracy Initiative and the Center for Constitutional Design at Arizona State University’s Sandra Day O’Connor College of Law.  Additional Resources An Open Letter on American Democracy from Global Dissidents “Forgotten Prisoners, Writing for Freedom – Egypt,” Frontlines of Freedom podcast "Narges Mohammadi, PEN America" Garry Kasparov, Winter Is Coming: Why Vladimir Putin and the Enemies of the Free World Must Be Stopped Evan Mawarire, 2023 Commencement Address at the Georgetown Scho

The Supreme Court’s “shadow docket”—cases in which the Court issues emergency orders and summary decisions without oral argument—has been subject to growing scrutiny. Supreme Court reporter Adam Liptak of The New York Times and Jennifer Mascott of the George Mason University Antonin Scalia Law School join Stephen Vladeck of The University of Texas School of Law for a conversation on Vladeck’s new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, exploring the history and role of the shadow docket and the current debates surrounding the Court’s emergency rulings. Host Jeffrey Rosen moderates. Additional Resources Stephen Vladeck, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic  Stephen Vladeck, “Texas’s Unconstitutional Abortion Ban and the Role of the Shadow Docket,” Testimony before the Senate Judiciary Committee  National Constitution Center, “The Supreme Court’s ‘Shadow Docket’,” We the

The National Constitution Center and the Federal Judicial Center present a three-part discussion exploring the evolution of judicial independence in America and its critical role in our democracy from the Founding to present day. This episode features two federal judges discussing their experiences upholding judicial independence in the face of contemporary challenges. Clara Altman, deputy director of the Federal Judicial Center, moderates a conversation with Judge R. Guy Cole, Jr. of the U.S. Court of Appeals for the Sixth Circuit and Judge Sara Lee Ellis of the U.S. District Court for the Northern District of Illinois.  This program is presented in partnership with the Federal Judicial Center. Stay Connected and Learn More Continue the 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. Please subscribe to Live at the National Constitution Center and our companion podcast We t

The National Constitution Center and the Federal Judicial Center present a three-part discussion exploring the evolution of judicial independence in America and its critical role in our democracy from the Founding to present day. This episode explores judicial independence and the federal courts in the 20th century and the major milestones that shaped the judiciary, including the crucial role of Chief Justice Taft and key Supreme Court rulings. Moderated by Jeffrey Rosen, this panel features a conversation with scholars Neal Devins and Allison Orr Larsen of William & Mary Law School, Marin Levy of Duke University School of Law.  This program is presented in partnership with the Federal Judicial Center. Additional Resources Booth v. United States (1934) Franklin Delano Roosevelt, Fireside Chat No. 9: "On Court-Packing" Edwin Meese, Speech before the American Bar Association (1985) Federal Rules of Appellate Procedure Report of the Proceedings of the Federal Judicial Conference of the United States (1964)

The National Constitution Center and the Federal Judicial Center present a three-part discussion exploring the evolution of judicial independence in America and its critical role in our democracy from the Founding to present day. This episode features a conversation with historians Mary Sarah Bilder of Boston College Law School and Jack Rakove of Stanford University, exploring the founders’ intentions surrounding the establishment of the federal judiciary and the role of the courts during the nation’s formative years. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.   This program is presented in partnership with the Federal Judicial Center. Additional Resources National Constitution Center, "Article III," Interactive Constitution Jack Rakove, Original Meanings: Politics and Ideas in the Making of the Constitution Mary Sarah Bilder, Madison's Hand: Revising the Constitutional Convention James Madison, Notes on the Federal Convention of 1787 Federalist 78 Marbury v. Madis

With the Supreme Court weighing two cases involving Harvard and the University of North Carolina that could end affirmative action in higher education, scholars William B. Allen of Michigan State University and Hasan Kwame Jeffries of The Ohio State University discuss its future. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.  Additional Resources William B. Allen, “End of Affirmative Action 2023”   William B. Allen, Drew S. Days III, Benjamin L. Hooks, and William Bradford Reynolds, “Is Affirmative Action Constitutional?” AEI Journal on Government and Society   Jonathan Hicks, “Proponents Worry About Supreme Court Review of Affirmative Action,” BET   “Why Conservatives want the Supreme Court to take up Affirmative Action Case,” Yahoo!News   National Constitution Center, “14th Amendment: Citizenship Rights, Equal Protection, Apportionment, Civil War Debt,” Interactive Constitution   National Constitution Center, “Affirmative Action and the 14th Amendment,” Li

Tomiko Brown-Nagin, author of Civil Rights Queen: Constance Baker Motley and the Struggle for Equality, and Elizabeth Cobbs, author of Fearless Women: Feminist Patriots from Abigail Adams to Beyoncé explore key influential women throughout history and how these women inspired constitutional change. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program is made possible through the generous support of the McNulty Foundation in partnership with the Anne Welsh McNulty Institute for Women's Leadership at Villanova University. Additional Resources Tomiko Brown-Nagin, Civil Rights Queen: Constance Baker Motley and the Struggle for Equality Tomiko Brown-Nagin, “Identity Matters: The Case of Judge Constance Baker Motley,” Columbia Law Review Tomiko Brown-Nagin, Courage to Dissent: Atlanta and the Long History of the Civil Rights Movement Elizabeth Cobbs, Fearless Women: Feminist Patriots from Abagail Adams to Beyoncé Q&A, “Elizabeth Cobbs”, C-SPAN Muller v. Oregon (1908)

The U.S. Supreme Court decides some of the most challenging and important constitutional and statutory issues facing America through its interpretive methodologies. In this episode, we explore the various approaches to constitutional interpretation and key doctrines—including originalism, textualism, and the major questions doctrine—through the lens of recent Supreme Court cases with Solicitors General Ben Flowers of Ohio and Caroline Van Zile of Washington, D.C. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.  This program is presented in partnership with the Center for Excellence in Governance at the National Association of Attorneys General. Additional Resources “The Major Questions Doctrine,” Congressional Research Service Steven Calabresi, “On Originalism in Constitutional Interpretation,” Constitution Daily blog “Textualism,” Cornell Law School: Legal Information Institute Alabama Association of Realtors v. Department of Health and Human Services (2021) Biden v. N

In this episode we explore the concepts of civic virtue and citizenship in democratic societies. Joining the conversation are: Christopher Beem, author of The Seven Democratic Virtues: What You Can Do to Overcome Tribalism and Save Our Democracy; Richard Haass, author of The Bill of Obligations: The Ten Habits of Good Citizens; and Lorraine Pangle, author of Reason and Character: The Moral Foundations of Aristotelian Political Philosophy. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.   This program is made possible through the generous support of Citizen Travelers, the nonpartisan civic engagement initiative of Travelers. Additional Resources Richard Haass, The Bill of Obligations: The Ten Habits of Good Citizens Christopher Beem, The Seven Democratic Virtues: What You Can Do to Overcome Tribalism and Save Our Democracy Christopher Sheilds, "Aristotle," Stanford Encyclopedia of Philosophy Robert Pasnau, "Thomas Aquinas," Stanford Encyclopedia of Philosophy Lorraine Pan

The National Constitution Center and the National Association of Attorneys General host a bipartisan conversation with Dan Schweitzer, director and chief counsel of the National Association of Attorneys General Center for Supreme Court Advocacy; Lindsay See, solicitor general of West Virginia; and Barbara Underwood, solicitor general of New York, exploring the history of the office of the solicitor general, the role of state solicitors in litigating cases before the Supreme Court, and some of the landmark cases they have litigated. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.   This program is presented in partnership with the Center for Excellence in Governance at the National Association of Attorneys General. Additional Resources Lydia Wheeler,State Solicitors General to Have Big Week at US Supreme Court, Bloomberg Law New York State Rifle & Pistol Association Inc. v. Bruen (2022) New York v. New Jersey West Virginia v. Environmental Protection Agency (2022) Nation

The National Constitution Center and the Center for Constitutional Design at Arizona State University present a comparative discussion of how democracies amend their constitutions, at home and around the world. A panel of distinguished scholars, including Wilfred Codrington of Brooklyn Law School, Chief Judge Jeffrey Sutton of the U.S. Court of Appeals for the Sixth Circuit, and Rosalind Dixon of the University of New South Wales, survey the constitutional amendment process around the world to cast light on our debates in the U.S. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.  This program is presented in partnership with the Center for Constitutional Design at Arizona State University's Sandra Day O'Connor College of Law.  Additional Resources Jeffrey Sutton, Who Decides: States as Laboratories of Constitutional Experimentation National Constitution Center, Interactive Constitution, Article V Rosalind Dixon and David Landau, "Tiered Constitutional Design," George Washi

Alexis de Tocqueville’s Democracy in America has been called by Harvey Mansfield the “best book ever written on democracy and the best book ever written on America." What can a 200-year-old book teach us about democracy in America today? Scholars—Jeremy Jennings, author of Travels with Tocqueville Beyond America; Olivier Zunz, author of The Man Who Understood Democracy: The Life of Alexis de Tocqueville; and Catherine Zuckert of the University of Notre Dame—discuss Tocqueville’s masterpiece and its lessons for modern Americans with Jeffrey Rosen, president and CEO of the National Constitution Center.  This conversation was streamed live on March 6, 2023. Additional Resources Jeremy Jennings, Travels with Tocqueville Beyond America Olivier Zunz, The Man Who Understood Democracy: The Life of Alexis de Tocqueville Catherine Zuckert, “The Saving Minimum? Tocqueville on the Role of Religion in America—Then and Now,” American Political Thought Michael Oakeshott, “The Masses in Representative Democracy”   Stay