We The People

Congress, the Filibuster, and the Constitution

January 27, 2022

Share

Earlier this month, President Biden voiced support for getting rid of the filibuster, looking to ease the path of voting rights legislation in Congress. But Senators Joe Manchin and Krysten Sinema opposed the change. The legislation has been stalled, and debate over the filibuster runs high once again.

Joining host Jeffrey Rosen to discuss the history, constitutionality, and calls for reform of the filibuster are two of the nation’s leading experts on congressional power and practices. Josh Chafetz is a professor of law at the Georgetown University Law Center and author of Congress's Constitution: Legislative Authority and the Separation of Powers. Jay Cost is the Gerald R. Ford nonresident senior fellow at the American Enterprise Institute. His newest book is James Madison: America's First Politician.


FULL PODCAST

Please subscribe to We the People and Live at the National Constitution Center on Apple PodcastsStitcher, or your favorite podcast app.

This episode was produced by Melody Rowell Rowelland engineered by Greg Scheckler. Research was provided by Kevin Closs, Ruben Aguirre, Sam Desai, and Lana Ulrich.


PARTICIPANTS

Josh Chafetz is a Professor of Law at the Georgetown University Law Center. His books include: Congress’s Constitution: Legislative Authority and the Separation of Powers (2019) and Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions (2007). Before working at Georgetown, he spent 12 years on the faculty at Cornell Law School.

Jay Cost is the Gerald R. Ford nonresident senior fellow at the American Enterprise Institute. He is also a columnist for National Review and the Pittsburgh Post-Gazette. His newest book is James Madison: America's First Politician.

Jeffrey Rosen is the president and CEO of the National Constitution Center, a nonpartisan nonprofit organization devoted to educating the public about the U.S. Constitution. Rosen is also professor of law at The George Washington University Law School and a contributing editor of The Atlantic.


ADDITIONAL RESOURCES


TRANSCRIPT

This transcript may not be in its final form, accuracy may vary, and it may be updated or revised in the future.

The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation!

Questions or comments about the show? Email us at [email protected].

Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.

Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.
 

Loading...

Explore Further

Podcast
Is President Trump Immune From Prosecution?

Previewing the Supreme Court oral arguments in the Trump v. United States case

Town Hall Video
Reading the Constitution: A Book Talk with Justice Stephen Breyer

U.S. Supreme Court Justice Stephen G. Breyer (Ret.) unveils his new book at the National Constitution Center in conversation with…

Blog Post
The most underrated Founding Father: Oliver Ellsworth?

On the anniversary of Oliver Ellsworth’s birth, Constitution Daily looks back an important founder who helped forge a compromise…

Educational Video
Article III and Supreme Court Term Review Featuring Ali Velshi (All Levels)

For our final Fun Friday Session of the 2022-2023 school year, MSNBC’s Ali Velshi returns, joining National Constitution Center…

Donate

Support Programs Like These

Your generous support enables the National Constitution Center to hear the best arguments on all sides of the constitutional issues at the center of American life. As a private, nonprofit organization, we rely on support from corporations, foundations, and individuals.

Donate Today

More from the National Constitution Center
Constitution 101

Explore our new 15-unit core curriculum with educational videos, primary texts, and more.

Media Library

Search and browse videos, podcasts, and blog posts on constitutional topics.

Founders’ Library

Discover primary texts and historical documents that span American history and have shaped the American constitutional tradition.

News & Debate