In this episode, Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) dive into the recent census data and question if American democracy is truly representative. They explore different governance schemes and the need to look past the Founding Fathers' vision in order to create a system that reflects the country's diverse needs.

Constitutional law expert Richard Pildes (NYU Law) rejoins Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) to continue their conversation on potential democratic reforms. In this episode, they explore how drawing more competitive electoral districts, as well as increasing public financing options for candidates, could strengthen American democracy.

Constitutional law expert Richard Pildes (NYU Law) joins Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) to discuss his recent op-ed in The New York Times, "How to Keep Extremists Out of Power." Pulling back from the hot-button issues of voting rights, ballot access and absentee voting, he focuses instead on the extremist forces in American culture and politics that threaten our democracy — and suggests ways to minimize them through reform.

How do we overcome our nation's polarization problem to run an election system that’s fair for everybody? With the 2020 election in the rearview mirror, Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) look to the future and propose strategies that might align our fractured electorate, prevent voter suppression and protect majority choice.

Election scholars Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) continue their conversation from our last episode about finding a path forward after the 2020 election. They identify ways Americans can make meaningful changes, both political and cultural, to repair, protect and improve the election system in the lead-up to 2024. Whether it’s updating the Constitution, outlawing gerrymandering, replacing the electoral college, or confronting racism — much remains to be done.

Following the Capitol insurrection, Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) discuss what’s at stake for U.S. democracy, and how the damage to our political system can be repaired. Can legal prosecution restore faith in the election’s legitimacy? If so, what will it take to hold conspirators accountable, and can we trust our embattled representatives to find the courage to speak truth to power?

As 2020 came to a close, election scholars Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) discussed the continued litigation around the presidential election, as well as the expected next steps.

If half the country has lost faith in our electoral system, will the system deteriorate? And if so, when? Election scholars Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) ponder the fate of U.S. elections at this pivotal moment when voters seemingly believe in the process only when it works in their favor.

In this episode, recorded in the week after Election Day, Edward Foley (Ohio State Moritz College of Law) and Franita Tolson (USC Gould School of Law) work through their mixed emotions. From historic voter turnout to post-election lawsuits, the highs and lows revealed just how far we have strayed from the norm, and how close we came to a different outcome. Taking the long view, they discuss the importance of norms in our elections and governance, and how they can be restored and protected to ensure fair play in the future.

Before the election, Franita Tolson (USC Gould School of Law) and Edward Foley (Ohio State Moritz College of Law) sat down for another live recording of “Free and Fair” with fellow election scholar Jeffrey Rosen (president and CEO of the National Constitution Center), as well as James Ceaser (University of Virginia) and Robert Lieberman (Johns Hopkins University) to discuss the most contentious elections in American history. If you enjoyed this conversation, please check the previous episode to learn more about one of the elections covered in this conversation: The Hayes-Tilden Election of 1876. This program was presented by the National Constitution Center and the SNF Agora Institute at Johns Hopkins University. Tune in to the Live at the National Constitution Center podcast to hear more live constitutional conversations like this one and SNF Agora Conversations for more on the 2020 presidential election and the most pressing issues in international relations.