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Artwork for We the People
Supreme Court
Constitution
First Amendment
National Constitution Center
Executive Power
Declaration Of Independence
Congress
Thomas Jefferson
Originalism
Slavery
Free Speech
Democracy
Constitutional Law
Pursuit Of Happiness
Separation Of Powers
Reconstruction
Donald Trump
Federalism
American Revolution
Civil Rights Movement

A weekly show from the National Constitution Center hosted by Julie Silverbrook and Tom Donnelly where listeners can hear the best arguments on all sides of the constitutional issues at the center of American life.

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Artwork for We the People

Latest Episodes

Geoffrey Stone of the University of Chicago Law School and Eugene Volokh, senior fellow at the Hoover Institution and UCLA School of Law, discuss the First Amendment and the rapidly evolving speech landscape—from social media and artificial intellige... more

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In this episode, Mary Sarah Bilder, Founders Professor at Boston College Law School, explores the history of rights and liberties in America and the origins of the Bill of Rights. She traces how ideas about rights developed before, during, and after ... more

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In a recent decision, the U.S. Supreme Court held that law enforcement’s use of a geofence warrant, which collected identity and location data from mobile phone users, violated the Fourth Amendment's protection against unreasonable searches and seizu... more

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In this episode, prize-winning author and historian Fergus M. Bordewich discusses his latest book, Centennial: The Great Fair of 1876 and the Invention of America’s Future, which explores the story of the nation’s 100th birthday and the first world’s... more

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Recent Guests

Mary Sarah Bilder
Founders Professor of Law, Boston College Law School; historian on the early history of the Constitution
Boston College Law School
Episode: Mary Sarah Bilder on the Origins of the Bill of Rights
Orin Kerr
Stella W and Ira Lilick Professor at Stanford Law School and Senior Fellow at the Hoover Institution
Stanford Law School; Hoover Institution
Episode: Chatrie and the Future of the Fourth Amendment
Fergus Bordewich
Historian and author of Centennial, The Great Fair of 1876 and the Invention of America's Future
Author
Episode: Fergus Bordewich on Centennial and the Great Fair of 1876
Rosemarie Zagarri
Historian, George Mason University
George Mason University
Episode: Rosemarie Zagarri on The Declaration’s Grievances
Masha Hansford
Partner in Davis Polk's Supreme Court and Appellate Practice; experienced Supreme Court advocate
Davis Polk & Wardwell LLP
Episode: What the 2025-2026 Supreme Court Term Revealed About the Roberts Court
Jacob Mchangama
Founder and executive director of The Future of Free Speech
The Future of Free Speech / Vanderbilt University
Episode: Free Speech in a Changing World
Jed Shugerman
Professor, Boston University School of Law
Boston University School of Law
Episode: Does Article II of the Constitution Grant the President Power to Fire Anyone in the Executive Branch?
Michael Ramsey
Warren Distinguished Professor of Law, University of San Diego School of Law
University of San Diego School of Law
Episode: Does Article II of the Constitution Grant the President Power to Fire Anyone in the Executive Branch?
Gillian Metzger
Harlan Fisk Stone Professor of Constitutional Law at Columbia Law School
Columbia Law School
Episode: The Supreme Court and Executive Power

Hosts

Julie Silverbrook
Host of We the People; National Constitution Center
Tom Donnelly
Host of We the People; law professor at University of Richmond (affiliation noted with NCC)

Reviews

4.6 out of 5 stars from 1.1k ratings
  • Please get some vocal training

    ValleySpeak, especially the harsh vocal fry, is extremely grating and detracts from the content.

    Apple Podcasts
    2
    SaraB3301
    United States4 months ago
  • Used to be my favorite show

    What happened to this podcast? Please return to primarily debating Supreme Court arguments and opinions with an occasional historical show.

    Apple Podcasts
    2
    DJ French Fry
    United States5 months ago
  • Used to be about debate

    Jeff used to host regular, weekly debates on current constitutional questions between reputable scholars who engaged with ideas, not ideology.

    These days it seems to be a weekly history lesson with occasional focused debate over an immediate issue.

    I feel they are trying to avoid controversy and neglecting their mission.

    Apple Podcasts
    1
    Daishi52
    United States5 months ago
  • Afraid of discussing important cases

    This used to be one of my favorite podcasts, but since early 2025 they’ve shied away from discussing the actual merits of arguments being made. This is doubly true for issues that the current administration has strong feelings about. I’m not saying they’re partisan, but you can tell they’re playing it safe since they’re “chartered by congress”. It’s sad to see. I really appreciated hearing opposing opinions for the most hotly debated issues. There’s tons of podcasts out there that cover historic... more

    Apple Podcasts
    2
    chadley426
    United States5 months ago
  • This is the most persistently disappointing podcast I know of. The topics are consistently interesting, and I'm always eager to learn more about them. The discussions seem like a boring overly officious polite class, rather than engaging and provocative. Maybe it's so eager to be non-partisan that it's pablum. It's certainly notable today that as we go through huge changes, I don't hear any meaningful challenge, nor do I gain an appreciation of other views. Rome crumbles and I hear blah bl... more

    Podcast Addict
    2
    Winston Smith
    7 months ago

Listeners Say

Key themes from listener reviews, highlighting what works and what could be improved about the show.

Some critique a perceived drift toward historical storytelling over debate.
Listeners appreciate the balanced, scholarly discourse and civic context.
Positive feedback highlights thoughtful moderation and diverse expert guests.
A number of listeners express frustration with perceived partisanship in recent episodes.

Chart Rankings

How this podcast ranks in the Apple Podcasts, Spotify and YouTube charts.

Talking Points

Recent interactions between the hosts and their guests.

Mary Sarah Bilder on the Origins of the Bill of Rights
Q: Walk us through Madison's evolution from parchment barriers to a more expansive conception of rights.
Madison moves from viewing rights as mere parchment barriers written to constrain government to a belief that rights must be real, protected, and applicable beyond the federal government; he pushes for a carefully crafted set of amendments that would interweave with the Constitution rather than merely appended at the end.
Chatrie and the Future of the Fourth Amendment
Q: Orin, you've called Chatrie a blockbuster and the most important Supreme Court decision on the Fourth Amendment and new technology today. Why is this case such a big deal, and yet so few people are paying attention to it?
The case reframes Fourth Amendment privacy for a networked world by treating data that people share with third parties as potentially protected when it involves highly sensitive, precise location history, and it challenges the traditional third-party doctrine in a way that broadens the scope of what needs a warrant.
What the 2025-2026 Supreme Court Term Revealed About the Roberts Court
Q: How did the guests describe Justice Barrett's approach this term?
Barrett is seen as an incrementalist and doctrinalist who focuses on fitting doctrinal pieces together and prefers narrow, precise resolutions over broad constitutional overhauls.
What the 2025-2026 Supreme Court Term Revealed About the Roberts Court
Q: What did Masha Hansford identify as a key shift in the Court's approach to Fourth Amendment doctrine?
She pointed to Chatree as a landmark expansion of Fourth Amendment protections, moving beyond Carpenter and reshaping how privacy expectations apply to data held by tech companies, signaling a broader recalibration of surveillance jurisprudence.
What the 2025-2026 Supreme Court Term Revealed About the Roberts Court
Q: What overarching theme did Jonathan Adler see defining the term for the Roberts Court?
He highlighted a blend of conservatism with independence, noting the Court often ruled conservatively but did so independently of the presidential administration, balancing ideology with institutional independence.

Audience Metrics

Listeners, social reach, demographics and more for this podcast.

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Frequently Asked Questions About We the People

What is We the People about and what kind of topics does it cover?

A weekly program exploring constitutional questions through balanced debates with prominent scholars, historians, and legal experts. Episodes frequently feature deep dives into the text, history, and practical implications of the U.S. Constitution, the Declaration, and related governance issues, with fresh perspectives from law professors, judges, and national historians. Listeners can expect rigorous, idea-driven conversations that illuminate complex topics—from executive power and separation of powers to civil rights, birthright citizenship, and the role of the judiciary—often framed with historical context and global comparisons. Notable strengths include a strong cadre of academic guests, clear moderating, and a consistent emphasis on c... more

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1. Divided Argument
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4. Amicus With Dahlia Lithwick | Law, justice, and the courts
5. Strict Scrutiny

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We the People launched 21 years ago and published 638 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on We the People?

Recent guests on We the People include:

1. Mary Sarah Bilder
2. Orin Kerr
3. Fergus Bordewich
4. Rosemarie Zagarri
5. Masha Hansford
6. Jacob Mchangama
7. Jed Shugerman
8. Michael Ramsey

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