Episodes

  • Religious Liberty and State Funds for Preschools at the Supreme Court

    Religious Liberty and State Funds for Preschools at the Supreme Court
    Nov 12 2026
    Two leading scholars of the First Amendment’s religion clauses, Stephanie Barclay of Georgetown Law and Marci Hamilton of the University of Pennsylvania, discuss Saint Mary Catholic Parish v. Roy, an important First Amendment religious liberty case being argued before the Supreme Court. At issue is what the State of Colorado describes as a universal preschool program that provides state funds to help families send their children to the preschool of their choice. All Colorado schools—both secular and religious—are eligible for this funding. However, participating schools must meet certain state standards and sign a non-discrimination agreement that requires them to “provide eligible children an equal opportunity to enroll and receive preschool services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level, or disability.” The Catholic preschools challenging the Colorado program in this case have been excluded from Colorado’s program and are challenging this exclusion on First Amendment grounds—rooting their arguments in the First Amendment’s Free Exercise Clause. Tom Donnelly, lead scholar at the National Constitution Center, moderates. Resources The First Amendment, National Constitution Center St. Mary Catholic Parish v. Roy (oral argument audio via C-SPAN; argument transcript) Stephanie Barclay, Brief of Amicus Curiae Stephanie Barclay in Support of Petitioners (2026) Marci Hamilton, Brief of Amici Curiae of New Ways Ministry et al. (2026) Stephanie Barclay, “St. Mary and the shrinking reach of Smith,” SCOTUSblog, (Nov. 5, 2026) Linda Greenhouse, “This Case Has Flown Under the Radar. It Won’t Stay There,” The New York Times, (Sept. 30, 2026) “Supreme Court set for arguments in another major religion case,” Mark Sherman for Constitution Daily Blog, National Constitution Center, (Oct. 29, 2026) Mahmoud v. Taylor (2025) Carson v. Makin (2022) Espinoza v. Montana Dept. of Revenue (2020) Trinity Lutheran Church of Columbia, Inc. v. Comer (2017) Rosenberger V. Rector and Visitors of the University of Virginia (1995) Employment Division v. Smith (1990) Sherbert v. Verner (1963) “Memorial and Remonstrance Against Religious Assessments,” James Madison (1785), National Constitution Center Stay Connected and Learn More Stay connected with We the People—follow, rate, and review the show wherever you listen. Questions or comments? Email podcast@constitutioncenter.org. Follow @ConstitutionCtr on social media and sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Support our important work by making a donation today. ⁠⁠⁠⁠Donate
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    53 mins
  • The First Amendment and Artificial Intelligence

    The First Amendment and Artificial Intelligence
    Nov 5 2026
    Technology and constitutional scholar Jonathan Zittrain and Distinguished Professor of Law at Rutgers Law School Ellen Goodman examine the intersection of the First Amendment and artificial intelligence, how constitutional values can help guide emerging technologies, and what the future of free expression looks like in the digital age. Julie Silverbrook, chief content and learning officer at the National Constitution Center, moderates. This conversation was recorded on September 9, 2026, at the National Constitution Center as part of First Amendment Day, a new annual celebration hosted in partnership with the John S. and James L. Knight Foundation, inviting visitors of all ages to explore the five freedoms of the First Amendment through conversation, creativity, history, and hands-on experiences. Resources The First Amendment, National Constitution Center Free Speech in a Changing World, National Constitution Center’s We the People podcast, July 30, 2026 Stay Connected and Learn More Stay connected with We the People—follow, rate, and review the show wherever you listen. Questions or comments? Email podcast@constitutioncenter.org. Follow @ConstitutionCtr on social media and sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Support our important work by making a donation today. ⁠⁠⁠⁠Donate
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    1 hr
  • Scott Greenberger on The Forsaken Founder: Gouverneur Morris

    Scott Greenberger on The Forsaken Founder: Gouverneur Morris
    Oct 29 2026
    In this episode, author Scott S. Greenberger discusses his new book, The Forsaken Founder, which explores the colorful life and consequential legacy of Gouverneur Morris, the “Penman of the Constitution,” an often overlooked and forgotten figure of the American founding. Greenberger highlights Morris’s indispensable contributions to the American Revolution, his central role in shaping the language and structure of the Constitution, and how he helped to guide the early republic in its fragile first years. Julie Silverbrook, chief content and learning officer at the National Constitution Center, moderates. Resources Scott S. Greenberger, The Forsaken Founder: Gouverneur Morris, the Unsung Patriot Who Wrote the Constitution, Stood Up to Slavery, and Survived the Reign of Terror (2026) Gouverneur Morris, Constitutional Convention Speeches (1787), National Constitution Center Gouverneur Morris (1752-1816), National Constitution Center Stay Connected and Learn More Stay connected with We the People—follow, rate, and review the show wherever you listen. Questions or comments? Email podcast@constitutioncenter.org. Follow @ConstitutionCtr on social media and sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Support our important work by making a donation today. ⁠⁠⁠⁠Donate
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    51 mins
  • Can Article V Conventions Advance Constitutional Reform?

    Can Article V Conventions Advance Constitutional Reform?
    Oct 22 2026
    Article V of the U.S. Constitution establishes two methods for proposing constitutional amendments: a two-thirds vote in both houses of Congress or a convention called by two-thirds of state legislatures. Although all 27 ratified amendments have been proposed by Congress, and no Article V convention has ever been called, the convention process remains an alternative path to constitutional reform. In this episode, Lawrence Lessig of Harvard Law School and David A. Super of Georgetown University Law Center debate whether Article V conventions offer a necessary alternative to a politically gridlocked Congress or pose unacceptable risks to the constitutional order. They examine the history and purpose of Article V conventions, current movements to amend the Constitution, concerns about a runaway convention, and potential safeguards to ensure democratic accountability. Julie Silverbrook, chief content and learning officer at the National Constitution Center, moderates. Resources VthePeople, Harvard Law School “Debating another way to change the Constitution,” Rebecca Beyer, Harvard Law Today, Oct. 6, 2026 “Making an Article V Convention Safe for Democracy,” Lawrence Lessig, New York Review, April 17, 2023 “A constitutional convention is the last thing America needs,” David A. Super, Los Angeles Times, March 15, 2017 Article V, Interactive Constitution, National Constitution Center Article V: Amending the Constitution, National Constitution Center Stay Connected and Learn More Stay connected with We the People—follow, rate, and review the show wherever you listen. Questions or comments? Email ⁠podcast@constitutioncenter.org⁠. Follow @ConstitutionCtr on social media and ⁠sign up⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate. Support our important work by making a donation today. ⁠⁠⁠⁠⁠Donate⁠
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    1 hr and 6 mins
  • David O. Stewart on The Democracy We Must Keep

    David O. Stewart on The Democracy We Must Keep
    Oct 15 2026
    Historian David O. Stewart joins to discuss his latest book, The Democracy We Must Keep, which examines the foundational ideas in nine key founding-era documents that shaped America's constitutional democracy. Stewart discusses how the founders sought to create a government strong enough to govern but constrained enough to protect liberty, the compromises and debates that shaped the Constitution, and the warnings about political parties and factionalism in Washington’s Farewell Address and Jefferson’s First Inaugural. Julie Silverbrook, chief content and learning officer at the National Constitution Center, moderates. Resources David O. Stewart, The Democracy We Must Keep: Seven Founders, Nine Documents, and The Ideas That Shaped America, (2026) “The Fragility of Self-Government,” The Civic Decade (October 14, 2026) Interactive Constitution, National Constitution Center Interactive Declaration of Independence, National Constitution Center Stay Connected and Learn More Stay connected with We the People—follow, rate, and review the show wherever you listen. Questions or comments? Email podcast@constitutioncenter.org. Follow @ConstitutionCtr on social media and sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Support our important work by making a donation today. ⁠⁠⁠⁠Donate
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    47 mins
  • Previewing the Supreme Court’s 2026-2027 Term

    Previewing the Supreme Court’s 2026-2027 Term
    Oct 8 2026
    The National Constitution Center previews the Supreme Court’s 2026-2027 term. Masha Hansford, partner at Davis Polk & Wardwell, Amy Howe, co-founder of SCOTUSblog, and Greg Stohr, Supreme Court reporter for Bloomberg News, join to break down the biggest cases on the docket, unpack the constitutional questions at stake, and explore the issues that could have the biggest impact on the Court in the year ahead. Tom Donnelly, lead scholar at the National Constitution Center, moderates. Resources New Supreme Court term features First Amendment, other challenges, Scott Bomboy for Constitution Daily, October 2, 2026 Supreme Court to start new term with major environmental case, Scott Bomboy for Constitution Daily, September 29, 2026 Supreme Court asked to rule on federal ban on home production of distilled spirits, Scott Bomboy for Constitutional Daily, September 25, 2026 Supreme Court asked to consider dispute over religious use of public park, Scott Bomboy for Constitution Daily, September 9, 2026 Supreme Court allows Trump voting executive order to move forward pending challenges, Scott Bomboy for Constitution Daily, August 25, 2026 Ten Commandments school dispute heading to the Supreme Court, Scott Bomboy for Constitution Daily, August 19, 2026 Climate change lawsuit to kick off Supreme Court’s next term, Scott Bomboy for Constitution Daily, August 6, 2026 A new Eighth Amendment controversy heads to the Supreme Court, Scott Bomboy for Constitution Daily, July 22, 2026 Four cases to watch in the Supreme Court’s next term, Scott Bomboy for Constitution Daily, July 15, 2026 Stay Connected and Learn More Stay connected with We the People—follow, rate, and review the show wherever you listen. Questions or comments? Email podcast@constitutioncenter.org. Follow @ConstitutionCtr on social media and sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Support our important work by making a donation today. ⁠⁠⁠⁠Donate
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    1 hr and 1 min
  • Frederick Douglass and Free Speech

    Frederick Douglass and Free Speech
    Oct 1 2026
    Frederick Douglass is remembered as one of the most powerful orators in American history, a leading voice for abolition, and an extraordinary champion of equal rights. He was also one of the 19th century’s most important thinkers about freedom of speech. For Douglass, free speech was not simply a constitutional protection against government censorship. It was a fundamental human right, an indispensable weapon in the struggle against slavery, and an essential condition of equal citizenship and self-government. In this episode, scholar Jacob Mchangama examines Douglass’s remarkably expansive understanding of free speech, drawing on a new research project that examines hundreds of his speeches, writings, and letters. Julie Silverbrook, chief content and learning officer at the National Constitution Center, moderates. Resources The Future of Free Speech, Jacob Mchangama Frederick Douglass Free Speech Corpus, Jacob Mchangama “Free Speech in a Changing World,” We the People (July 30, 2026) Jacob Mchangama, Free Speech: A History From Socrates to Social Media (2022) Jacob Mchangama and Jeff Kosseff, The Future of Free Speech: Reversing the Global Decline of Democracy’s Most Essential Freedom (2026) Freedom of Religion, Speech, Press, Assembly, and Petition, National Constitution Center First Amendment: Speech and Press Clauses, National Constitution Center Stay Connected and Learn More Stay connected with We the People—follow, rate, and review the show wherever you listen. Questions or comments? Email podcast@constitutioncenter.org. Follow @ConstitutionCtr on social media and sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Support our important work by making a donation today. ⁠⁠⁠⁠Donate
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    47 mins
  • The Past, Present, and Future of the Second Amendment

    The Past, Present, and Future of the Second Amendment
    Sep 24 2026
    In this episode, Joseph Blocher of Duke University School of Law and Clark Neily of the Cato Institute trace the ongoing debates over the Second Amendment. They analyze recent Supreme Court decisions on this key provision, preview a case on the Court’s docket this term, and look ahead to the issues on the horizon. Thomas Donnelly, lead scholar at the National Constitution Center, moderates. Resources The Second Amendment, Interpretation & Debate, National Constitution Center District of Columbia v. Heller (2008) Supreme Court Cases Library, National Constitution Center McDonald v. Chicago (2010) New York State Rifle & Pistol Association Inc. v. Bruen (2022) United States v. Rahimi (2024) “No earthquake, but did the Supreme Court shift a bit in its approach to guns?,” NCC’s Constitution Daily blog, (June 24, 2024) United States v. Hemani (2025) “Supreme Court rules in favor of man facing gun ban for using marijuana,” NCC's Constitution Daily blog, (June 18, 2026) Josephe Blocher and David Pozen, “The Excluded Middle of Law: Constitutional Drivers of Extremism in Gun and Drug Policy,” Duke Law School 2026 Supreme Court Review (forthcoming) Wilford v. Lopez (2025) “Supreme Court strikes down Hawaii law regulating firearms possession,” NCC's Constitution Daily blog, (June 25, 2026) Brief of the Cato Institute as Amicus Curiae in Support of Petitioners, Viramontes v. Cook County Stay Connected and Learn More Stay connected with We the People—follow, rate, and review the show wherever you listen. Questions or comments? Email podcast@constitutioncenter.org. Follow @ConstitutionCtr on social media and sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Support our important work by making a donation today. ⁠⁠⁠⁠Donate
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    1 hr and 5 mins