Retired Supreme Court Justice David Souter passed away on May 8, 2025, at his home in New Hampshire. In this episode, his former clerks, Judge Kevin Newsom of the U.S. Court of Appeals for the 11th Circuit and Professor Jeannie Suk Gersen of Harvard Law School, join Jeffrey Rosen for a conversation on Justice Souter’s life and constitutional legacy. Retired Justice Stephen Breyer also shares memories of his former colleague. 

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Brian Kalt  of Michigan State College of Law and  Jeffrey Toobin, author of  The Pardon: The Politics of Presidential Mercy, join Jeffrey Rosen to explore the founders’ vision for the pardon power and the use of the presidential pardon throughout American history—from Thomas Jefferson’s pardons to those issued by Presidents Biden and Trump. 

This conversation was originally streamed live as part of the NCC’s America’s Town Hall series on March 27, 2025. 

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On April 30, the Supreme Court heard oral arguments in Oklahoma Statewide Charter School Board v. Drummond, which examines the constitutionality of religious charter schools. In this episode, Michael McConnell of Stanford Law School and Steven Green of Willamette University join Jeffrey Rosen to recap the oral arguments, debate the meaning and history of the Free Exercise and Establishment Clauses, and survey the Court’s other religion cases from this term. 

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On May 15, the Supreme Court will hear oral arguments in a case challenging the constitutionality of President Trump’s executive order which seeks to end birthright citizenship for the children of undocumented immigrants. Legal scholars Gabriel Chin of the University of California, Davis School of Law; Amanda Frost of the University of Virginia School of Law; Kurt Lash of the University of Richmond School of Law; and Ilan Wurman of the University of Minnesota Law School join Jeffrey Rosen to debate the scope of the citizenship clause of the Fourteenth Amendment.  

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In celebration of the 250th anniversary of the Battles of Lexington and Concord, historians Rick Atkinson, author of The British Are Coming: The War for America, Lexington to Princeton, 1775-1777; Mary Beth Norton, author of 1774: The Long Year of Revolution; and Rosemarie Zagarri, author of Revolutionary Backlash: Women and Politics in the Early American Republic, join Jeffrey Rosen to explore the events leading to the first shots of the American Revolution, the battles themselves, and the colonists’ response to this pivotal moment in history.

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Steven Calabresi of Northwestern University and Samuel Estreicher of New York University join Jeffrey Rosen to discuss the statutory authority for President Trump’s tariffs and whether they violate federal law or the Constitution.

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National Constitution Center President and CEO Jeffrey Rosen leads a special panel discussion with Federal Judges Association President Judge J. Michelle Childs of the U.S. Court of Appeals for the District of Columbia Circuit; Judge M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit and past president of the Federal Judges Association; Judge Beth Bloom of the U.S. District Court Southern District of Florida; and Judge Stephen R. Bough of the U.S. District Court Western District of Missouri. The judges explore threats to the judicial branch and the importance of judicial independence and civic education in maintaining the rule of law. This program was presented in partnership with the Federal Judges Association. 

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Best-selling author Michael Lewis discusses his new book, Who Is Government?: The Untold Story of Public Service, with Jeffrey Rosen. As government programs face political headwinds, Lewis and his favorite writers examine the human stories of the heroic civil servants who make government work and why their contributions matter. 

This conversation was originally streamed live as part of the NCC’s America’s Town Hall series on March 26, 2025. 

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Trump has invoked the Alien Enemies Act of 1798, a wartime authority, to summarily deport suspected members of a Venezuelan gang. He also invoked a Cold War-era statute to deport a student activist at Columbia University. In this episode, Adam Cox of New York University and Ilya Somin of George Mason University join to discuss the scope of the president’s deportation power and to evaluate whether the administration violated the due process or speech rights of the deportees. 

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Kate Huddleston, senior legal counsel of litigation at the Campaign Legal Center, and Michael McConnell, Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford Law School, join Jeffrey Rosen to debate whether the newly created Department of Government Efficiency (DOGE) has acted lawfully in firing federal workers and freezing federal spending. 

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