Civitas Outlook
Topic
Constitutionalism
Published on
October 31, 2025
Contributors
No items found.
Episode 8
The Libertarian

Can the President Declare a Trade ‘Emergency’? On the Supreme Court’s Tariff Case

About this episode

Richard Epstein delves into one of the most consequential Constitutional questions of our time: can the president unilaterally impose tariffs under emergency powers? With the Supreme Court set to review Donald Trump’s use of the International Emergency Economic Powers Act (IEPA) to levy trade barriers, Epstein explains what the Constitution actually says about tariffs, how far Congress can delegate its authority, and why the doctrine of the “unitary executive” could reshape the balance between the legislative and executive branches. From Article I to Justice Taft’s 1928 tariff case, the discussion traces the fine line between lawful delegation and unconstitutional abdication—and what’s at stake for trade, separation of powers, and presidential authority.

All other episodes on

The Libertarian

The End of Hamas? Richard Epstein on Israel’s Path Forward

Richard Epstein discusses Donald Trump’s surprise ceasefire deal between Israel and Hamas.

EP7
Oct 14, 2025

Is Gerrymandering Unconstitutional?

Gerrymandering is back in the headlines — and this time, the political map wars in Texas and California are colliding with the courts, the Constitution, and the future of American democracy.

EP9
Nov 24, 2025

Trump’s War on Narco Boats

Richard Epstein examines the constitutional, statutory, and international-law implications of the Trump administration’s recent strikes on vessels in the Caribbean alleged to be transporting “narco-terrorists.”

EP10
Dec 3, 2025

Can the President Fire Anyone? SCOTUS Hears Arguments in Trump v. Slaughter

Richard Epstein does a deep into the Supreme Court’s latest showdown: Trump v. Slaughter, a case that could redefine presidential removal power and the future of independent agencies like the FTC.

EP11
Dec 10, 2025

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Constitutionalism

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The Libertarian

The inimitable Richard Epstein offers his unique perspective on national developments in public policy and the law.

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Law Talk

Welcome to Law Talk with Richard Epstein and John Yoo. Our show is hosted by Charles C. W. Cooke.

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