Shows
The Bob Zadek ShowRestoring the Guardrails of DemocracyThis week I continue my series on the National Constitution Center’s Restoring the Guardrails of Democracy project. While most commentators are glued to the political horse race – obsessing over the 2024 midterms or the latest twist in the Trump saga – my show remains a place to discuss ideas and principles rather then ideology and personalities.Part 1 featured Ilya Somin representing Team Libertarian, who proposed foot voting (among other things) as a simple way to make American government more accountable to the people.Part 2 will feature Professor Edward B. Foley – Ebersold Chair in Constitutional Law at Ohio State Un...2022-08-2152 min
cmdX anDre Articles "Law of WE "podcastRestoring the Guardrails of DemocracyOn July 6th, the National Constitution Center hosted a panel to present the reports of teams participating in the Center’s Restoring the Guardrails of Democracy project. The project brings together three teams of leading experts— conservative, libertarian, and progressive—to identify institutional, legal, and technological reforms that might address current threats to American democracy. Team conservative is comprised of Sarah Isgur, Jonah Goldberg, and David French—all of The Dispatch. Team libertarian includes Clark Neily and Walter Olson of the Cato Institute, and Ilya Somin of the Antonin Scalia Law School at George Mason University. Team progressive is comprised of Edward Fole...2022-07-1456 min
We the PeopleRestoring the Guardrails of DemocracyOn July 6th, the National Constitution Center hosted a panel to present the reports of teams participating in the Center’s Restoring the Guardrails of Democracy project. The project brings together three teams of leading experts— conservative, libertarian, and progressive—to identify institutional, legal, and technological reforms that might address current threats to American democracy. Team conservative is comprised of Sarah Isgur, Jonah Goldberg, and David French—all of The Dispatch. Team libertarian includes Clark Neily and Walter Olson of the Cato Institute, and Ilya Somin of the Antonin Scalia Law School at George Mason University. Team progressive is comprised of E...2022-07-1456 min
We the PeopleRestoring the Guardrails of DemocracyOn July 6th, the National Constitution Center hosted a panel to present the reports of teams participating in the Center’s Restoring the Guardrails of Democracy project. The project brings together three teams of leading experts— conservative, libertarian, and progressive—to identify institutional, legal, and technological reforms that might address current threats to American democracy. Team conservative is comprised of Sarah Isgur, Jonah Goldberg, and David French—all of The Dispatch. Team libertarian includes Clark Neily and Walter Olson of the Cato Institute, and Ilya Somin of the Antonin Scalia Law School at George Mason University. Team progressive is comprised of E...2022-07-1456 min
Live at the National Constitution CenterRestoring the Guardrails of DemocracyAs January 6 hearings proceed on Capitol Hill, join the National Constitution Center for the launch of the Restoring the Guardrails of Democracy team reports. The project brings together three teams of leading experts— libertarian, progressive, and conservative—to identify institutional, legal, and technological reforms that might address current threats to American democracy. Team leaders Edward B. Foley, Sarah Isgur, and Clark Neily discuss their proposals. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Read the reports:
Sarah Isgur, David French, and Jonah Goldberg, Restoring the Guardrails of Democracy: Team Conservative
Edward B. Foley and Franita To...2022-07-1356 min
Free and Fair with Franita and FoleyRethinking RepresentationIn this episode, Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) dive into the recent census data and question if American democracy is truly representative. They explore different governance schemes and the need to look past the Founding Fathers' vision in order to create a system that reflects the country's diverse needs.2021-04-2842 minFree and Fair with Franita and FoleyMaking Democracy Work: Part 2Constitutional law expert Richard Pildes (NYU Law) rejoins Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) to continue their conversation on potential democratic reforms. In this episode, they explore how drawing more competitive electoral districts, as well as increasing public financing options for candidates, could strengthen American democracy.2021-04-0858 min
Free and Fair with Franita and FoleyMaking Democracy Work: Part 1Constitutional law expert Richard Pildes (NYU Law) joins Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) to discuss his recent op-ed in The New York Times, "How to Keep Extremists Out of Power." Pulling back from the hot-button issues of voting rights, ballot access and absentee voting, he focuses instead on the extremist forces in American culture and politics that threaten our democracy — and suggests ways to minimize them through reform.2021-03-2353 minFree and Fair with Franita and FoleyThe Problem Worth SolvingHow do we overcome our nation's polarization problem to run an election system that’s fair for everybody? With the 2020 election in the rearview mirror, Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) look to the future and propose strategies that might align our fractured electorate, prevent voter suppression and protect majority choice.2021-03-0345 minFree and Fair with Franita and FoleyHow do we save America? Part 2Election scholars Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) continue their conversation from our last episode about finding a path forward after the 2020 election. They identify ways Americans can make meaningful changes, both political and cultural, to repair, protect and improve the election system in the lead-up to 2024. Whether it’s updating the Constitution, outlawing gerrymandering, replacing the electoral college, or confronting racism — much remains to be done.2021-02-1747 minFree and Fair with Franita and FoleyHow do we save America?Following the Capitol insurrection, Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) discuss what’s at stake for U.S. democracy, and how the damage to our political system can be repaired. Can legal prosecution restore faith in the election’s legitimacy? If so, what will it take to hold conspirators accountable, and can we trust our embattled representatives to find the courage to speak truth to power?2021-02-0451 minFree and Fair with Franita and FoleySmoke Without FireAs 2020 came to a close, election scholars Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) discussed the continued litigation around the presidential election, as well as the expected next steps.2021-01-0444 minFree and Fair with Franita and FoleyThe Truth ProblemIf half the country has lost faith in our electoral system, will the system deteriorate? And if so, when? Election scholars Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) ponder the fate of U.S. elections at this pivotal moment when voters seemingly believe in the process only when it works in their favor.2020-12-0848 minFree and Fair with Franita and FoleyLuck, Betrayal, and Repairing Democratic NormsIn this episode, recorded in the week after Election Day, Edward Foley (Ohio State Moritz College of Law) and Franita Tolson (USC Gould School of Law) work through their mixed emotions. From historic voter turnout to post-election lawsuits, the highs and lows revealed just how far we have strayed from the norm, and how close we came to a different outcome. Taking the long view, they discuss the importance of norms in our elections and governance, and how they can be restored and protected to ensure fair play in the future.2020-11-2148 minFree and Fair with Franita and FoleyBONUS - America’s Contentious Presidential Elections: A HistoryBefore the election, Franita Tolson (USC Gould School of Law) and Edward Foley (Ohio State Moritz College of Law) sat down for another live recording of “Free and Fair” with fellow election scholar Jeffrey Rosen (president and CEO of the National Constitution Center), as well as James Ceaser (University of Virginia) and Robert Lieberman (Johns Hopkins University) to discuss the most contentious elections in American history. If you enjoyed this conversation, please check the previous episode to learn more about one of the elections covered in this conversation: The Hayes-Tilden Election of 1876. This program was presented by the National Constitution Cent...2020-11-1852 minFree and Fair with Franita and FoleyBONUS: The Hayes-Tilden Election of 1876What can we learn from one of the most contentious presidential elections in American history? In this episode, Edward Foley (Ohio State Moritz College of Law) and Franita Tolson (USC Gould School of Law) held a live recording of “Free and Fair” with fellow election scholar Michael Morley (Florida State University College of Law) and Jeffrey Rosen (president and CEO of the National Constitution Center) to discuss the 1876 Hayes-Tilden election. We partnered with the National Constitution Center to record this episode in front of a live virtual audience. It also ran on their podcast, “Live at the National Constitution Center,” where yo...2020-10-221h 00
Live at the National Constitution CenterAmerica’s Contentious Presidential Elections: A HistoryAs the 2020 election approaches, this week we hosted program about the history of presidential elections. Experts Franita Tolson of USC Law, Edward Foley of Ohio State Law, James Ceaser of the University of Virginia, and Robert Lieberman of Johns Hopkins University joined National Constitution Center President and CEO Jeffrey Rosen to discuss the most contentious elections in American history—including one of the first controversial elections—1800—pitting Thomas Jefferson against Aaron Burr; the election of 1860 which set the stage for the Civil War; and the 2000 election which led to the Supreme Court case Bush v. Gore. The panelists also explor...2020-10-2152 min
Live at the National Constitution CenterThe Hayes-Tilden Election of 1876This week, we partnered with Free and Fair with Franita and Foley, a podcast about democracy and elections hosted by election experts Professor Edward Foley of Ohio State Moritz College of Law and Professor Franita Tolson of USC Gould School of Law. They joined fellow elections scholar Professor Michael Morley of Florida State University College of Law and National Constitution Center President and CEO Jeffrey Rosen for a live recording of their podcast—a discussion of one of the most contentious presidential elections in American history, the 1876 Hayes-Tilden election, and a history lesson about what it can teach us to...2020-10-141h 01Free and Fair with Franita and FoleyRBG and our uncertain futureThe monumental loss of Justice Ruth Bader Ginsburg has ignited a political frenzy. What does her potential replacement by the president’s nominee, Judge Amy Coney Barrett, mean for the future of voting rights jurisprudence generally, RBG’s legacy in this area of law specifically, and perhaps even to cases potentially affecting the outcome of this year’s election? Election law scholars Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) reflect on RBG’s legacy, and debate how the Supreme Court plays into our election system.2020-10-0250 minFree and Fair with Franita and FoleyBONUS - Election 2020: When Are Results Official and What Happens if Results Are DisputedElection scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) join as guests on Reasonably Speaking, the American Law Institute podcast, to discuss what voters can expect on and after election night.2020-09-3055 min
Reasonably SpeakingElection 2020: When Are Results Official and What Happens if Results Are DisputedThe 2020 election is seeing unprecedented volatility leading up to November 3. Will this volatility make a difference, helping or hurting the system’s capacity to serve its purpose? This is the first of many questions about the 2020 election that this group of election law experts will tackle.
Every election year presents its own unique set of challenges, but 2020 has been a uniquely challenging year. What can voters expect on and after Election Night? Election results are never final until much later – this year on December 14. On that date, electors will be appointed in all states on the basis of t...2020-09-2955 minFree and Fair with Franita and FoleyWill Americans accept the election’s outcome?What if the presidential candidates refuse to concede defeat? Election scholars Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) speculate the outcomes of an election mired in careless rhetoric, government gridlock, contentious politics and racial divide. Whether or not voters will lose faith in the system or be energized by their outrage remains to be seen, but Franita and Foley look back in American history for a dose of optimism and perspective.2020-09-0348 minFree and Fair with Franita and FoleyCan Trump legally limit mail-in voting?The president is exploring an executive order to limit mail-in voting. But does he have the power to do that, even if his claims about absentee voting being fraudulent are unfounded? Election scholars Edward Foley (Ohio State University Moritz College of Law) and Franita Tolson (University of Southern California Gould School of Law) walk through scenarios in which the federal government could limit voting or change the rules.2020-08-1244 minFree and Fair with Franita and FoleyBONUS - Faithless Electors: SCOTUS Decisions and their Implications for NovemberElection scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) join as guests on Reasonably Speaking, the American Law Institute podcast, to discuss how the U.S. Supreme Court decision on faithless electors could have implications for the 2020 presidential election.2020-08-061h 03Free and Fair with Franita and FoleyWhat would John Lewis think?How can we continue the fight of civil rights leader John Lewis, and the many who came before him, in the context of free and fair elections? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) discuss ongoing congressional debate about the future of voting rights, backsliding in current protections and what their dream legislation honoring Lewis would entail.2020-07-2751 min
Reasonably SpeakingFaithless Electors: SCOTUS Decisions and Implications for NovemberOn July 6, the Supreme Court of the United States held that states may replace and even punish “faithless electors,” the term used for a member of the U.S. Electoral College who does not vote for the presidential or vice presidential candidate they pledged to support. This episode will consider the implications of the Court’s ruling and reasoning for a broader set of questions on the Electoral College system and what might happen in this year’s election.
What if there is a 269-269 tie (hardly impossible given current political climate)? What if the electoral votes from one...2020-07-151h 02Free and Fair with Franita and FoleyIs this the new normal?Long lines, machine breakdowns, absentee obstacles: As our country grapples with a pandemic, social uprising and divisive politics, voting is more challenging than ever. But what does complacency, voter disenfranchisement and rights infringement say about our election system, and will these issues persist after November? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) look to history to consider the future, and debate whether or not the flawed process is capable of reflecting the electorate’s collective will.2020-06-2550 minFree and Fair with Franita and FoleyIs voting enough?In response to the Black Lives Matter protests, some are calling for people of color to “just vote.” But in a country with a history of voter suppression and disenfranchisement, is voting enough? Franita Tolson (USC Gould School of Law) responds to the hypocrisy of this suggestion in her American Constitution Society blog post, “Democracy as a Slogan.” In this episode, she and Ned Foley (OSU Moritz College of Law) discuss racial equality as an ongoing commitment, using the lessons from history that Tolson touches on in her essay, which can be read at https://bit.ly/DemSlogan.2020-06-0552 minFree and Fair with Franita and FoleyDoes faithfulness to the Constitution require faithless electors?As the 2020 presidential race ramps up, the Supreme Court is deciding whether or not to grant legal protection to “faithless electors” — electors who don’t vote for the candidates they had pledged to support. Professor Derek T. Muller (Iowa Law) joins election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) to debate the roles and obligations of U.S. presidential electors.2020-05-2249 minFree and Fair with Franita and FoleyFlattening the absentee ballot curve, and other solutions to prevent an election meltdownWith the American electoral system under unprecedented stress, an expert committee led by legal scholar Richard L. Hasen (UCI Law and author of Election Meltdown) has put forth a report of urgent recommendations in law, media, politics and technology to safeguard a free and fair November election. In this episode, Hasen joins our hosts Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) to discuss the 14 recommended solutions, including his apt suggestion that voters “flatten the absentee ballot curve” by spreading their ballot applications over a longer period of time.2020-05-1449 minFree and Fair with Franita and FoleyIs there room for third parties? Justin Amash and why he mattersWhat does it mean for our election if Rep. Justin Amash enters the presidential race? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) discuss whether or not our election system can accommodate a third-party challenger, and how to ensure the person who wins the race is the choice of the voter.2020-04-2449 minFree and Fair with Franita and FoleyWhat Happened in Wisconsin?Why was there in-person voting in Wisconsin during a once-in-a-lifetime pandemic? Was the election legitimate? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) analyze the partisanship and polarization that contributed to the state’s fraught primary, and how other states can do better in their upcoming elections.2020-04-1055 minFree and Fair with Franita and FoleyVoting in the time of the virus: Part 2Beyond causing delays, COVID-19 will impact the many administrative and logistical aspects of the 2020 U.S. presidential election — from staffing to absentee ballot printing to vote counting. How can we prepare if we don’t know what to expect? What happens if there is a second wave of the virus? Is the coronavirus relief bill’s $400 million to protect elections enough? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) welcome guests Nathaniel Persily (Stanford Law School) and Charles Stewart III (MIT Political Science) to discuss what needs to be done to prepar...2020-03-3147 minFree and Fair with Franita and FoleyVoting in the time of the virus: Part 1With states postponing in-person voting to control the spread of COVID-19, uncertainty is mounting about the pandemic’s effect on the 2020 U.S. presidential election. Can Trump cancel or change Election Day? Should we all just vote by mail? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) welcome guest Michael T. Morley (FSU College of Law) to discuss how emergencies impact elections — and what we can do to prepare for November.2020-03-1850 minFree and Fair with Franita and FoleyRussia, Bloomberg and Voter ChoiceAre there undue or improper influences affecting voters' choice of candidates? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) ask this question in light of recent news regarding Russia's apparent interference with the U.S. election and Mike Bloomberg's unprecedented spending to gain traction in the primaries. Just how concerned — or alarmed (but not despaired!) — should voters be?2020-02-2545 minFree and Fair with Franita and FoleyPrimaries 101Why do Iowa and New Hampshire come first in the presidential primary process? How much does majority support matter? What’s ranked-choice voting, and could that a better system? Election scholars Franita Tolson (USC Gould School of Law) and Ned Foley (OSU Moritz College of Law) discuss.2020-02-1452 min
Free and Fair with Franita and FoleyAre our elections free and fair?What does it mean to have a free and fair election? Does our system work? Election scholars Ned Foley and Franita Tolson ask the big questions around U.S. voting as the clock counts down to the 2020 presidential election.2020-02-0442 min