Constitutions are more than founding documents—they are the rulebooks that define how societies govern themselves, distribute power, and protect rights. They establish the framework for political institutions, set limits on authority, and enshrine the principles of justice, liberty, and equality. Alongside constitutions, the rule of law ensures that no one—whether president, judge, or citizen—is above the law, and that power is exercised according to agreed-upon rules rather than personal whim.
Understanding constitutions and the rule of law is essential because they form the bedrock of democracy. When faithfully upheld, they provide stability, safeguard freedoms, and create space for debate and progress. But when ignored, bent, or selectively applied, they can erode trust in government, invite authoritarianism, and trigger crises of legitimacy. The health of a democracy often depends on how well its constitution adapts to new challenges and how strongly its citizens and leaders commit to the rule of law.
This collection of podcast episodes explores the promises and pitfalls of constitutional governance. You’ll hear scholars and legal experts debate the Founders’ original intentions, discuss whether the U.S. Constitution has become undemocratic, examine how courts and leaders are testing its boundaries, and consider what reforms might strengthen it for the future. From missing text messages that undermine accountability, to global perspectives on revolutionary constitutions, these conversations reveal why constitutions and the rule of law matter—not as distant abstractions, but as living forces shaping democracy today.
Jeffrey Rosen is the president and CEO of the National Constitution Center and the author of The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America. We discuss how the Constitution is a framework for a productive conversation for people with fundamentally different points of view.
For the Founders, personal self government was a pre-requisite for political self government. In order to deliberate with fellow citizens and vote wisely, citizens ought first be their best selves, which puts a high bar for citizens to educate themselves. In fact, the founders thought education was central to creating the perfect citizen. Thinking in constitutional terms opens citizens up to hear arguments they might disagree with, which in turn makes it possible to change their minds. Jeffrey Rosen stresses that “that openness, that curiosity to diverse points of view is exactly the point of the Constitution”.
Listen to the full episode on Future Hindsight: The Founders’ Intentions: Jeffrey Rosen
The Constitution is under attack—and not just by Trump and the executive branch. For a long time, the conservative justices on the Supreme Court have been inconsistently interpreting the Constitution. But our guest, Madiba Dennie, says focusing on their decision-making processes is a trap. She says there’s a better way for concerned citizens to take action against the backsliding of social progress fueled by the Supreme Court.
Madiba K. Dennie is an attorney, columnist, and professor whose work focuses on fostering an equitable multiracial democracy. She is the deputy editor and senior contributor at the critical legal commentary website Balls and Strikes and the author of The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back. Dennie previously served as counsel at the Brennan Center for Justice, and her legal and political commentary has been featured in The Atlantic, The Washington Post, the BBC, and MSNBC.
Listen to the full episode on The Context: Madiba Dennie: The Constitutional Crisis You’re Not Hearing About
The term constitutional crisis is frequently used but often misunderstood. Like democracy, it’s hard to define but you know it when you see it.
If anyone can provide a definition, it’s Jud Mathews, an associate professor of law at Penn State. He has a law degree and a Ph.D. in political science (both from Yale, no less). Jud says we’re not in a constitutional crisis yet, but that constitutional norms — much like democratic norms — are eroding more and more each day.
Jud also cautions against using the term constitutional crisis too loosely because of the “boy who cried wolf” problem that we’ll become so desensitized that we won’t recognize one when it actually occurs. Beyond being a legal scholar, he has made the Constitution his life’s work. He’s passionate about what it represents and understandably upset to see its force as a roadmap for the country called into question.
If there’s one bright spot to take from this conversation, it’s that there are many dedicated public servants throughout the government who are committed to upholding constitutional norms and preventing a crisis from occurring.
Listen to the full episode on Democracy Works: The constitutional crisis episode
In this week’s episode, Sanford Levinson joins Lee and James to discuss constitutional reform. Levinson holds the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law at the University of Texas Law School. He is also a professor in the Department of Government at the University of Texas. Levinson is the author of numerous articles and books, including Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It) and Framed: America’s 51 Constitutions and the Crisis of Government. His most recent book is Fault Lines in the Constitution: The Graphic Novel (Macmillan, 2020).
Is the United States Constitution undemocratic? Does its complex institutional structure prevent Americans from doing big things in politics? Or does it ensure that no one rules America? What would a more democratic Constitution look like? What does it take to change the Constitution? And can Americans change it without empowering a majority to rule? These are some of the questions Sandy, Lee, and James ask in this week’s episode.
Listen to the full episode on Politics in Question: What's wrong with the Constitution?
Greg Weiner joins The Great Battlefield podcast to talk about his career from working on Capitol Hill for Senator Bob Kerrey to being Provost and Professor of Political Science at Assumption University to his numerous books and articles focused on the intersection of political theory and The U.S. Constitution.
Listen to the full episode on The Great Battlefield: Politics and The Constitution with Greg Weiner of Assumption University
How did a peaceful transfer of power turn into the first breach of the U.S. Capitol in over two centuries? We may never have all the answers, thanks to the DHS watchdog’s failure to alert Congress for months about deleted Secret Service text messages. What’s more, Cuffari refused a request to help recover the text messages and halted an internal Secret Service investigation into their deletion.
Government watchdogs, called inspectors general, are supposed to hold powerful actors accountable. When they don’t do their jobs, the impacts can be disastrous. Investigators at the Project On Government Oversight examine Cuffari’s initial response to the missing Secret Service text messages and explore his abrupt change of course after a former White House aide gave shocking testimony about then-President Trump’s actions on January 6th.
Listen to the full episode on Bad Watchdog: The Missing Text Messages
Mike talks with Bruce Ackerman, Sterling Professor of Law and Political Science at Yale. Dr. Ackerman is one of the world’s preeminent scholars in the area of comparative constitutional law, with his ideas having been the basis for constitutional reforms in multiple countries. He’s the author of 19 books, the most recent of which is Revolutionary Constitutions: Charismatic Leadership and the Rule of Law.
Topics Mike and Dr. Ackerman discuss include:
Listen to the full episode on The Politics Guys: Bruce Ackerman on Revolutionary Constitutions
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