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We the People

Should We Break Up With the Founders?

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 21 April 2023

⏱️ 53 minutes

🧾️ Download transcript

Summary

Earlier this year, the National Constitution Center hosted an event in Miami, Florida, featuring a series of meaningful conversations about the Constitution with speakers of diverse perspectives. In this episode, we’re sharing one of those conversations with you. During an evening keynote program, five great constitutional experts were asked an important question: Should we break up with the founders? In other words, should we still look to the drafters of the Declaration and Constitution—from Thomas Jefferson to James Madison to George Washington—despite their moral and philosophical hypocrisies, such as ownership of enslaved people, or do they still have something to teach us? And was the original Constitution a flawed but meaningful attempt to realize the ideals of the Declaration of Independence, one made more perfect by Reconstruction—or is the original Constitution so fatally flawed by the original sin of slavery that it does not deserve respect? The five scholars you’ll hear discuss and debate this question are: Akhil Reed Amar of Yale Law School, Caroline Fredrickson of Georgetown Law, Kermit Roosevelt of Penn Law, Jamelle Bouie of the New York Times, and Charles Cooke of the National Review. Host Jeffrey Rosen moderates.  Resources: Kermit Roosevelt III, The Nation That Never Was: Reconstructing America’s Story (2022) Akhil Reed Amar, The Words That Made Us: America’s Constitutional Conversation, 1760–1840 (2021) Caroline Fredrickson, “A Constitution of Our Own Making,” Washington Monthly (2021) Jamelle Bouie, “We Had to Force the Constitution to Accommodate Democracy, and It Shows” New York Times (Oct. 2022) Charles C. W. Cooke, National Review, “America’s Founding Changed Human History Forever” (July 4, 2016) Questions or comments about the show? Email us at podcast@constitutioncenter.org.    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.    You can find transcripts for each episode on the podcast pages in our Media Library.

Transcript

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0:00.0

Hello friends. I'm Jeffrey Rosen, president CEO of the National Constitution Center

0:07.6

and welcome to We The People, a weekly show of constitutional debate.

0:11.2

The National Constitution Center is a nonpartisan nonprofit, charted by Congress to increase awareness

0:16.8

and understanding of the Constitution among the American people.

0:20.5

Earlier this year, the National Constitution Center convened in Miami for a

0:25.2

constitutional ideas festival that was a meaningful series of conversations

0:29.8

about the Constitution with speakers of diverse perspectives.

0:34.4

One of our conversations was on a provocative topic, should we break up with the founders?

0:40.6

The five scholars you'll hear to discuss and debate this provocative question are Aquille Rita Mar of Yale Law School, Carolyn Fredrickson of Georgetown Law, Kermit Roosevelt of Penn Law, Jamel Bowie of the New York Times, and Charles Cook of the National Review.

0:56.5

It was an honor to host the conversation, and I'm so glad to share it with you now. Now. Welcome to our evening debate.

1:09.7

Should we break up with the founders?

1:11.8

The title for this panel comes from a New York Times account of

1:16.7

Heidi Schreck, who is the woman who put on the show what the Constitution means to me.

1:21.5

And as the Times reported, Heidi Schreck decided in the middle of the run of the show

1:26.2

to arrive at the National Constitution Center, show up in Signers Hall, and break up with the founders. She said I've had it with you

1:35.1

founders I'm breaking up with you. Now the founders didn't respond. It appears that she was ghosted by James Madison.

1:45.0

But we thought it was an intriguing enough formulation that we would set it for debate because the remarkable scholars before you have each taken very different

1:55.5

positions on the important and complicated questions should we break up with

1:59.4

the founders. Was the original Constitution flawed but meaningful attempt to realize the ideals of the Declaration of Independence

2:09.6

an attempt that was made more perfect by reconstruction?

2:14.0

Or was the original Constitution so fatally flawed

2:17.5

by the original sin of slavery

...

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