We the People

Jeffrey Rosen, host of “We the People,” moderates a panel discussion at the Aspen Institute’s Ideas Festival about the Supreme Court’s momentous recent term.

From same-sex wedding cakes to voting rights to gerrymandering to public unions, the latest term was full of news-making decisions, even when the Justices decided not to decide.

Note: This event was held several hours before Justice Anthony Kennedy announced his retirement from the Court.

Next week on "We the People," former Kennedy clerks will be joining us to discuss Justice Kennedy's legacy and the ways in which he shaped the Court.

Emily Bazelon is a Lecturer in Law and Senior Research Scholar in Law at Yale Law School. She is also a staff writer at the New York Times Magazine

Judge Nancy Gertner is a senior lecturer at Harvard Law School. In September of 2011, Judge Gertner retired from the federal bench.

Mimi Marziani is President of the Texas Civil Rights Project and she teaches at the University of Texas School of Law.

Ramesh Ponnuru is senior editor at National Review, visiting fellow at the American Enterprise Institute and contributor to CBS News.

Questions or comments? We would love to hear from you. Contact the We the People team at [email protected]

The National Constitution Center is offering CLE credits for select America’s Town Hall programs! Get more information at constitutioncenter.org/CLE.

Can the federal government compel a U.S.-based email provider to turn over its records as part of a criminal investigation when those records are located outside of the country?

The United States v. Microsoft case pending before the Supreme Court could have big implications for law enforcement, consumer privacy and the business operations of many companies that do business overseas.

The Microsoft case deals with a specific question: If a U.S. provider of email services must comply with a probable-cause-based warrant (issued under 18 U.S.C. § 2703) by disclosing in the United States electronic communications within that provider’s control, even if the provider has decided to store that material abroad.

Joining us to discuss these important issues are two leading experts on the case.

Benjamin Battles is the solicitor general of Vermont, which filed an amicus brief with 34 other states and the commonwealth of Puerto Rico in support of the federal government in United States v. Microsoft.

Vivek Krishnamurthy is a Clinical Instructor in Harvard Law School's Cyberlaw Clinic. He specializes in the international aspects of internet governance and on the human rights challenges associated with offering new internet-based services in different legal environments around the world.

Questions or comments? We would love to hear from you. Contact the We the People team at [email protected]

The Constitution Center is offering CLE credits for select America’s Town Hall programs! Get more information at constitutioncenter.org/CLE.

Elizabeth Wydra of the Constitutional Accountability Center and Earl Maltz of Rutgers University discuss how Hillary Clinton and Donald Trump approach abortion, same-sex marriage, affirmative action, and more.

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This show was engineered by Jason Gregory and produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Tom Donnelly. The host of We the People is Jeffrey Rosen.

Did President Trump’s January 6 speech prior to the attack on the Capitol constitute the crime of incitement? Is it necessary to demonstrate that it did in order for the Senate to find him guilty of incitement as a high crime and misdemeanor under the Impeachment Clause and convict him? What are the relevant legal and constitutional standards? Catherine Ross, George Washington University Law School professor and author of the forthcoming book A Right to Lie? Presidents, Other Liars, and the First Amendment, and Josh Blackman, professor of law at South Texas College of Law in Houston whose work has been cited by President Trump’s defense team during this second impeachment trial, join host Jeffrey Rosen to debate those questions.

Some terms that will be helpful to know this week:

• “The Brandenburg test”: In Brandenburg v. Ohio (1969), the Supreme Court established that speech could be punished in a criminal trial only when the speech is:
• “directed to inciting or producing imminent lawless action” AND
• “likely to incite or produce such action”
• Impeachment: per Article II, Section 4 of the Constitution, “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

Resources and transcript available at constitutioncenter.org/interactive-constitution/media-library

Questions or comments about the show? Email us at [email protected].

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, discuss the concepts of civic virtue and citizenship in democratic societies. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was originally streamed live on March 30, 2023, as part of our America’s Town Hall series.

This program was made possible through the generous support of Citizen Travelers, the nonpartisan civic engagement initiative of Travelers.

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
• Lorraine Pangle, Reason and Character: The Moral Foundations of Aristotelian Political Philosophy
• Lorraine and Thomas Pangle, The Learning of Liberty: The Educational Ideas of the American Founders

Questions or comments about the show? Email us at [email protected].

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You can find transcripts for each episode on the podcast pages in our Media Library.