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We the People

The Constitutional Legacy of Justice Robert Jackson

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 25 December 2025

⏱️ 58 minutes

🧾️ Download transcript

Summary

John Q. Barrett, discoverer and editor of Robert H. Jackson's acclaimed book That Man: An Insider's Portrait of Franklin D. Roosevelt and writer of the popular blog The Jackson List, joins author and constitutional scholar Gerard Magliocca, author of The Actual Art of Governing: Justice Robert H. Jackson's Concurring Opinion in the Steel Seizure Case, and G. Edward White, author of Robert H. Jackson: A Life in Judgment, to discuss the Jackson’s legacy in debates over presidential power, constitutional interpretation, and the prosecution of war crimes at Nuremberg. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.  This program is presented in partnership with the Robert H. Jackson Center. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on December 8th, 2025. Resources John Q. Barrett, The Jackson List  Robert H. Jackson and John Q. Barrett (editor), That Man: An Insider’s Portrait of Franklin D. Roosevelt (2004)  Gerard Magliocca, The Actual Art of Governing: Justice Robert H. Jackson’s Concurring Opinion in the Steel Seizure Case (2025)  G. Edward White, Robert H. Jackson: A Life in Judgment (2025)  G. Edward White, The American Judicial Tradition: Profile of Leading American Judges (2007)  Stay Connected and Learn More    Questions or comments about the show? Email us at ⁠⁠podcast@constitutioncenter.org⁠⁠  Continue the conversation by following us on social media @ConstitutionCtr  Explore the ⁠⁠America at 250 Civic Toolkit⁠⁠  Explore ⁠Pursuit: The Founders’ Guide to Happiness⁠  ⁠⁠Sign up⁠⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate  Follow, rate, and review wherever you listen Join us for an upcoming ⁠⁠live program⁠⁠ or watch recordings on ⁠⁠YouTube⁠⁠  Support our important work ⁠⁠⁠Donate

Transcript

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0:00.0

Hello, friends, and happy holidays. I'm Jeffrey Rosen, President and CEO of the National Constitution Center, and welcome to We the People, a weekly show of constitutional debate.

0:12.6

The National Constitution Center is a nonpartisan nonprofit, chartered by Congress, to increase awareness and understanding of the Constitution among the American people.

0:22.1

In this episode, we explore the constitutional legacy of Justice Robert Jackson,

0:26.2

including his sublime writing style, his service as chief prosecutor at Nuremberg,

0:31.5

and the lasting legacy he left on debates over presidential power.

0:35.4

Joining the conversation are John K. Barrett,

0:38.3

discoverer and editor of Robert H. Jackson's acclaimed book,

0:41.7

That Man, an insider's portrait of Franklin D. Roosevelt,

0:45.5

and writer of the popular blog The Jackson List.

0:48.5

Gerard Maglioka, author of The Actual Art of Governing,

0:51.6

Justice Robert H. Jackson's concurring opinion in the steel seizure case,

0:55.6

and G. Edward White, author of Robert H. Jackson, A Life in Judgment. This program is presented

1:01.5

in partnership with the Robert H. Jackson Center. It was streamed live on December 8th, 2025.

1:08.3

It is so exciting to convene today the Robert Jackson Dream Team for a conversation about the life and legacy of Justice Robert Jackson.

1:19.3

I have admired Jackson ever since law school as one of the greatest writers ever to sit on the Supreme Court.

1:26.6

And in addition to that distinction,

1:29.9

for his path-breaking opinion in the steel seizure case, which is considered perhaps the leading

1:36.6

Supreme Court opinion on executive power, and then his performance at the Nuremberg trial,

1:42.4

where he successfully prosecuted the Nazi war criminals. And then his performance at the Nuremberg trial, where he successfully prosecuted the Nazi war criminals.

1:47.8

And then, lo and behold, because the timing gods are with us, we now have a new Hollywood movie that's just been released called Nuremberg.

1:57.3

And everyone wants to know about Robert Jackson.

1:59.5

So hearing the call, we've convened three of

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