Governing During Social Distancing

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 26 March 2020

⏱️ 44 minutes

🔗️ Recording | iTunes | RSS

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Summary

Congress and the courts depend on meeting in-person, so how can they adjust to the coronavirus outbreak and the public health measures necessary to stop its spread – like social distancing – while continuing to meet their constitutional functions? Host Jeffrey Rosen explores that question with Norm Ornstein of the American Enterprise Institute, who’s worked since the aftermath of 9/11 on emergency-preparedness recommendations for all three branches of government, and lawyer and podcast host Ken White, who sheds light on how the pandemic is affecting his clients and the courts more broadly. They share insight into what’s keeping Congress from meeting virtually, how courts will deal with suspended arguments, what might happen to incarcerated people in the midst of the pandemic, continuing concerns about presidential succession, and more—in a wide-ranging conversation on how the U.S. government functions during a national emergency, and what reforms may be necessary to ensure it can continue to function in future crises. A term that will be helpful to know for this episode — Quorum: a majority, in the House of Representatives and in the Senate. The Constitution requires a majority of senators, 51, for a quorum, and, when there are no vacancies in its membership, a quorum in the House is 218. Article I, Section 5 of the Constitution stipulates that “a majority of each [House] shall constitute a quorum to do business.” Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0	I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome
0:08.0	to We The People, a weekly show of constitutional debate.
0:11.8	The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase awareness
0:18.5	and understanding of the Constitution among the American people. All of our daily lives have changed in the age of coronavirus.
0:26.0	And of course, these changes have affected government as well.
0:30.0	On today's episode, we consider, how can the government function in the middle of the pandemic?
0:35.8	Can the three branches abide by social distancing and meet virtually?
0:40.9	What does the Constitution require and what limits, if any, does the Constitution impose on virtual meetings by the Congress, the Judiciary and
0:49.4	the President?
0:51.4	I'm joined by two leading experts on the Constitution and the function of government.
0:55.9	Norm Ornstein is a resident scholar at the American Enterprise Institute where he studies
1:00.8	politics elections and Congress. He's a co, elections, and Congress.
1:03.0	He's a co-host of AEOI's Election Watch series,
1:06.8	a contributing editor and columnist for National Journal
1:09.4	and The Atlantic, a BBC News Election analyst, and chairman of the campaign legal center.
1:15.0	Norm Weinstein was a commissioner on the continuity of government commission formed in the wake of 9-11, that commission produced
1:25.0	recommendations for how all three branches could reconstitute themselves and
1:28.9	continue functioning in the wake of a national emergency.
1:32.8	Norm, it's great to have you on the show.
1:35.3	It's just great to be with you, Jeff.
1:37.2	And Ken White is a First Amendment litigator
1:39.4	and criminal defense attorney at Brown, White, and Osbourne
	...

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