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28 Sep 2017, 5:20 pm by NCC Staff
The First Amendment says that Congress “shall make no law… abridging the freedom of speech.” Over the years, the Supreme Court has read that to mean that the government, more broadly, cannot limit free speech. At the same time, the Court has shown great deference to laws intended to protect religious, racial, and sexual minorities. Some scholars have argued that hateful speech should face the same level of scrutiny given to libel and true threats. Does the First Amendment protect… [read post]
7 Jul 2023, 9:30 pm by ernst
episode, scholars Akhil Amar of Yale Law School and Peter Onuf of the University of Virginia join host Jeffrey [read post]
13 Jan 2023, 9:30 pm by ernst
Constitution Center has posted The History of the Speaker of the House, a discussion, moderated by Jeffrey [read post]
19 May 2013, 6:54 am by Clara Altman
In the Washington Post Jeffrey Rosen reviews The Roberts Court: The Struggle for the Constitution  [read post]
20 Oct 2017, 4:31 am by NCC Staff
The modern day voting rights movement was born out of the precipitous clash of the Civil Rights Movement of the 1960s and the American legal system. Through marches and sit-ins, activists pushed America to live up to the values expressed in her Declaration, ultimately leading to the Voting Rights Act of 1965. For almost 20 years, these provisions were used to expand voting rights for black Americans in various states. Yet, their very expansiveness raised serious constitutional questions over… [read post]
14 Jun 2018, 3:51 am by NCC Staff
In this episode, We the People host Jeff Rosen answers constitutional questions that you, our listeners [read post]
22 Feb 2018, 11:25 am by NCC Staff
The Supreme Court is considering arguments in a case that could have a huge effect on public-section unions and their membership. The case of Janus v. American Federation of State, County, and Municipal Employees (AFSCME) will be heard on February 26 at the Court. The question in front of the nine Justices is if public-sector “agency shop” arrangements -- payments that workers represented by a union must pay even if they are not dues-paying members -- should be invalidated under the… [read post]
25 Jan 2018, 8:01 pm by NCC Staff
On January 20, 2017, President Donald Trump was inaugurated as the 45th President of the United States. In the year since he took office, a variety of novel constitutional issues have arisen, from the interpretation of the Emoluments Clauses, to the constitutionality of Executive Orders on immigration, and even the meaning of the Twenty-Fifth Amendment. In this episode, we look at the past year of the Trump presidency and what it means for our Constitution. Joining us to discuss the past year of… [read post]
6 Oct 2017, 5:30 pm by NCC Staff
The Supreme Court case of Gill v. Whitford was argued this past Tuesday and it is expected to be one of the biggest decisions of the Court’s new term. Gill v. Whitford is a case on partisan gerrymandering and the Court is looking at whether a new measure, called the ‘efficiency gap’, can be used to challenge the drawing of legislative districts. Joining us to discuss these important questions and more are two leading scholars of constitutional law. Michael Morley is… [read post]
21 Sep 2017, 11:05 am by NCC Staff
This week we look at a potentially blockbuster Supreme Court term starting in early October and a few cases that could be added to the Court’s docket. The Court is already scheduled to hear cases about partisan gerrymandering and President Trump’s immigration orders, and important cases related to free speech and privacy. Joining us to discuss these arguments and more are two of America’s leading scholars of law. Michael Dorf is the Robert S. Stevens Professor of Law at the… [read post]
28 May 2015, 6:09 pm by NCC Staff
Resolving disputes in constitutional law is often a matter of balancing competing interests. There’s hardly a better example of that than the case we’re discussing this week, in which financial disclosure requirements for nonprofits are running up against anonymous speech and association. The Center for Competitive Politics is one such nonprofit, based in Virginia, that receives donations from supporters across the country—including some in the state of California. In California,… [read post]
19 Jul 2018, 2:21 pm by NCC Staff
On July 9 , 2018 President Trump nominated D.C. Circuit Judge Brett Kavanaugh to replace retiring Justice Anthony Kennedy, often called the “swing justice”. Kavanaugh is President Trump’s second appointee to the Court after Justice Neil Gorsuch was confirmed in 2017. Should Judge Kavanaugh be confirmed, this may mark a momentous change to the Court’s ideological balance and jurisprudence. This episode explores what the appointments of Kavanaugh and Gorsuch might mean for the… [read post]
19 Apr 2018, 9:23 am by NCC Staff
On March 17th, The New York Times reported that Cambridge Analytica, a political consulting firm, accessed the data of millions of Facebook users to assist political candidates including Donald Trump in the 2016 election. The Facebook incident prompted congressional hearings for Facebook CEO Mark Zuckerberg, and it has renewed interest in issues relating to social media and technology’s role in both private life and politics, and the effect being wrought on our constitutional democracy and… [read post]
11 Sep 2008, 6:05 am
The article features responses to that question from Jeffrey Rosen, Douglas Kmiec, Abner Joseph Mikva [read post]
17 May 2018, 11:42 am by NCC Staff
On May 8, President Trump announced that the United States would withdraw from the Iranian nuclear deal, calling the deal “horrible,” “one-sided” and “the worst deal ever.” The president said he planned to institute sanctions against Iran, and that the U.S. would also sanction any other nation that helps it pursue nuclear weapons, as well as U.S. and foreign companies and banks that continue to do business with Iran. The Iran Deal was one of President… [read post]
26 Oct 2017, 2:20 pm by NCC Staff
Oral arguments were recently heard in the Southern District of New York about a novel case involving the President and the Constitution. The Citizens for Responsibility and Ethics in Washington (or CREW) believes President Trump has violated the Foreign and Domestic Emoluments Clauses of the Constitution due to his failure to divest his business holdings in Trump hotels and other private enterprises.  The Department of Justice on behalf of President Trump wants the district court to dismiss… [read post]
7 Oct 2021, 12:27 pm by Sabrina I. Pacifici
They also reveal how former Acting Civil Division Assistant Attorney General Jeffrey Clark became Trump [read post]
8 Mar 2018, 10:30 am by NCC Staff
Can an employment lawsuit be based on the premise that discrimination based on sexual orientation is a Title VII violation under the Civil Rights Act of 1964? On Feb. 26, 2018, the Second Circuit Court of Appeals said in a 10-3 decision in Zarda v. Altitude Express Inc. that sexual orientation discrimination constitutes a form of discrimination “because of . . . sex,” in violation of Title VII. Some legal experts have predicted that the case might eventually make its way to the Supreme… [read post]