In TikTok v. Garland, the Supreme Court will determine whether TikTok—the social media platform used by an estimated 170 million Americans—can continue to operate in the United States under the ownership of a Chinese holding company. Jameel Jaffer of Columbia Law School and Zephyr Teachout of Fordham Law School join Jeffrey Rosen to debate whether the law that forces TikTok to be sold or banned violates the First Amendment. 

Resources: 

• Jameel Jaffer, “Brief of the Knight First Amendment Institute at Columbia University, Free Press, and PEN American Center as Amici Curiae in Support of Petitioners," TikTok v. Garland 
• Jameel Jaffer, “The Supreme Court Must Intervene in the TikTok Case,” The New York Times (Dec. 10, 2024) 
• Zephyr Teachout, “Brief of AMICI CURIAE Zephyr Teachout and Joel Thayer in Support of Respondent,” TikTok v. Garland 
• United States Court of Appeals for the D.C. Circuit, Opinion of the Court, TikTok v. Garland 
• Arcara v. Cloud Books, Inc. (1986) 
• Reed v. Town of Gilbert (2015) 
• Moody v. NetChoice (2024)

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Jonathan Gienapp of Stanford University and Stephen Sachs of Harvard Law School join Chief Scholar Thomas Donnelly to discuss Gienapp’s new book, Against Constitutional Originalism: A Historical Critique. They review the history of originalism and debate the role of originalism in constitutional interpretation today. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on October 8, 2024. 

Resources: 

• Jonathan Gienapp, “Against Constitutional Originalism: A Historical Critique” (2024) 
• Stephen Sachs and Will Baude, “Originalism and the Law of the Past” (Law and History Review, 2019) 
• Michael Stokes Paulsen and Vasen Kesavan, “Is West Virginia Unconstitutional?” (90 Cal L. Rev. 291, 2002) 
• William Baude, Jud Campbell, and Stephen Sachs, “General Law and the Fourteenth Amendment” (76 Stanford L. Rev 1185, 2024) 
• Jud Campbell, “Four Views of the Nature of the Union” (47 Harvard J. Law & Public Policy 2, 2024) 
• Fletcher v. Peck (1810) 
• District of Columbia v. Heller (2008) 
• United States v. Rahimi (2024) 

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Jeffrey Rosen explores the life and legacy of Gouverneur Morris, author of the Preamble to the Constitution. Joining him are Melanie Miller, editor of the Gouverneur Morris Papers: Diaries Project, Dennis Rasmussen, Hagerty Family Fellow at Syracuse University’s Maxwell School of Citizenship and Public Affairs and author of The Constitution’s Penman: Gouverneur Morris and the Creation of America’s Basic Charter, and William Treanor, dean of Georgetown University Law Center. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on December 12, 2024. 

Resources: 

• Dennis C. Rasmussen, The Constitution’s Penman: Gouverneur Morris and the Creation of America’s Basic Charter, (2023) 
• William M. Treanor, Gouverneur Morris and the Drafting of the Federalist Constitution, (2023) 
• William M. Treanor, The Case of the Dishonest Scrivener: Gouverneur Morris and the Creation of the Federalist Constitution, (2021) 
• Melanie Randolph Miller,  An Incautious Man: The Life of Gouveneur Morris, (2008) 
• Gouverneur Morris Papers 
• The U.S. Constitution: Preamble 
• The Federalist Papers 
• The Constitutional Convention of 1787: A Revolution in Government 
• Gouverneur Morris, “Slavery and Representation,” (Aug. 8, 1787) 

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Steven Calabresi of Northwestern Law School joins Jeffrey Rosen to discuss his new book, The Meese Revolution: The Making of a Constitutional Moment. Calabresi reviews former Attorney General Edwin Meese’s instrumental role in the rise of originalism, and credits Meese with transforming the Department of Justice into an “academy in exile” where originalism was developed and put into practice. 

Resources: 

• Steven Calabresi and Gary Lawson, The Meese Revolution: The Making of a Constitutional Moment (2024) 
• Edwin Meese III, Speech to the American Bar Association (7/9/1985) 

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Jeffrey Rosen discusses the role of religion at the founding with Jane Calvert of the John Dickinson Writings Project, Vincent Phillip Muñoz of the University of Notre Dame, and Thomas Kidd of the Midwestern Baptist Theological Seminary. They trace the framers’ personal faith commitments and explore the original understanding of the relationship between church and state.

This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on November 25, 2024.

Resources: 

• The First Amendment, National Constitution Center exhibit 
• Jane E. Calvert, Penman of the Founding: A Biography of John Dickinson (2024) 
• Thomas Kidd, Thomas Jefferson: A Biography of Spirit and Flesh (2022) 
• Vincent Phillip Muñoz, Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (2022) 
• Thomas Kidd, God of Liberty: A Religious History of the American Revolution (2010) 
• Vincent Phillip Muñoz , God and the Founders: Madison, Washington, and Jefferson (2009) 
• Letter From George Washington to the Hebrew Congregation in Newport, Rhode Island, (Aug. 18, 1790) 

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A Tennessee law prohibits transgender minors from receiving gender transition surgery and hormone therapy. Professor Kurt Lash of the University of Richmond and David Gans of the Constitutional Accountability Center join Jeffrey Rosen to debate whether the law violates the Equal Protection Clause of the 14th Amendment.

Resources:

• U.S. v. Skrmetti, Supreme Court oral argument (audio via C-SPAN; transcript)
• Kurt Lash, Amicus Curiae in Support of Respondents, U.S. v. Skrmetti
• David Gans, Amicus Curiae in Support of Petitioner and Respondents in Support of Petitioner, U.S. v. Skrmetti 
• Bostock v. Clayton County (2020)
• Geduldig v. Aiello (1974)
• Loving v. Virginia (1967)

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Representative Christopher Cox, author of Woodrow Wilson: The Light Withdrawn, and Geoffrey Stone of the University of Chicago join moderator Jeffrey Rosen to discuss Woodrow Wilson’s constitutional and historical legacy. They explore Wilson’s illiberal record in the defining constitutional battles of his time, focusing his opposition to women’s suffrage, free speech, and racial equality. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on November 25, 2024.

Resources: 

• Christopher Cox, Woodrow Wilson: The Light Withdrawn (2024) 
• Geoffrey Stone, "Woodrow Wilson, Princeton University, and the Battles We Choose to Fight," Huffington Post (Nov. 21, 2015) 
• Geoffrey Stone, Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism (2004)
• Espionage Act of 1917 and Sedition Act of 1918 
• Committee on Public Information, Free Speech Center (2009; updated 2024) 
• The First Amendment, National Constitution Center exhibit 
• Susan B. Anthony Amendment, National Susan B. Anthony Museum & House 
• Justice Brandeis, Oyez 

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President-elect Trump’s allies have floated the possibility of suspending Congress in order to use the Recess Appointments Clause to install Cabinet officials without Senate confirmation. In this episode, Ed Whelan of the Ethics and Public Policy Center and Thomas Berry of the Cato Institute join Jeffrey Rosen to preview this plan and debate its legal merits. 

Resources: 

• Center for Renewing America, “Brief: On the Article II Recess Appointments Clause” (November 17, 2024) 
• Ed Whelan, “A Terrible Anti-Constitutional Scheme of Recess Appointments,” National Review (November 12, 2024) 
• Ed Whelan, “The House Has No Authority to ‘Disagree’ with Senate’s Decision to Remain in Session,” National Review (November 17, 2024) 
• Edward Whelan, “The Radical Consequences of an Immediate Senate Recess," National Review (November 19, 2024) 
• Thomas Berry, “Thomas Berry (Cato Institute) on Trump's Recess Appointment Plan,” Volokh Conspiracy (November 15, 2024) 
• National Labor Relations Board v. Noel Canning (2014) 
• Alexander Hamilton, Federalist No. 76 (April 1, 1788) 

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In celebration of John Adams’s 289th birthday, Jeffrey Rosen joins a discussion on Adams’s legacy with Danielle Allen, the James Bryant Conant University Professor at Harvard University, and Jane Kamensky, president and CEO of the Thomas Jefferson Foundation. Kurt Graham, president of the Adams Presidential Center, moderates. They explore the constitutional legacy of the Adams family—including John and Abigail Adams and John Quincy and Louisa Catherine Adams—and discuss the importance of resurrecting the Adams family’s tradition of self-mastery and self-improvement to defend the American Idea. This conversation was originally aired at the Adams Presidential Center as part of the 2024 Adams Speaker Series.  

Resources: 

• Jeffrey Rosen, The Pursuit of Happiness (2024) 
• Jane Kamensky, The Colonial Mosaic: American Women 1600-1760 (1998) 
• Danielle Allen, Our Declaration: A Reading of the Declaration of Independence in Defense of Equality (2014)

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In celebration of Native American History Month, Jeffrey Rosen was joined by Keith Richotte Jr., author of the forthcoming book The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution and Matthew L.M. Fletcher, author of The Ghost Road: Anishinaabe Responses to Indian Hating to explore how Native American law has evolved from the Marshall Court to the present day—tracing how the Court came to grant the federal government broad authority over tribal affairs, and how tribes have begun to reassert their sovereignty under the Roberts Court. 

This program was originally streamed live as part of the NCC’s America’s Town Hall series on November 4, 2024.

Resources: 

• Keith Richotte Jr., The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution (2025) 
• Matthew Fletcher, The Ghost Road: Ashinaabe Responses to Indian Hating (2020) 
• Matthew Fletcher, “Muskrat Textualism,” Northwestern Law Review (2022) 
• Matthew Fletcher, “The Dark Matter of Indian Law: The Duty of Protection” (June 2023) 

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On the eve of the 2024 presidential election, Jesse Wegman, member of The New York Times editorial board and author of Let the People Pick the President: The Case for Abolishing the Electoral College, and Robert Hardaway, professor at the University of Denver Sturm College of Law and author of Saving the Electoral College: Why the National Popular Vote Would Undermine Democracy, join Jeffrey Rosen to debate the Electoral College and preview potential legal challenges that might arise in the aftermath of the election. This program was originally streamed live as part of the NCC’s America’s Town Hall series on October 29, 2024.  

Resources: 

• Robert Hardaway, Saving the Electoral College Why the National Popular Vote Would Undermine Democracy (2019) 
• Jesse Wegman, Let the People Pick the President: The Case for Abolishing the Electoral College (2020) 
• Electoral College, Article II, Section 1, Clauses 2 and 3, Interactive Constitution 
• National Popular Vote 
• Ranked Choice Voting 
• Article I, Section III, The Senate, Interactive Constitution 
• Cass Sunstein, “On Jan. 6, Will Vice President Harris Certify the Election?,” Wall Street Journal, Oct. 25, 2024 
• Gary Lawson and Jack Beerman, “Congressional Meddling In Presidential Elections: Still Unconstitutional After All These Years; A Comment On Sunstein,” April 2023 
• “The Very Real Scenario Where Trump Loses and Takes Power Anyway,” Politico, Oct. 20, 2024 
• Moore v. Harper (2023)

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