Law Talk: The Great Birthright Citizen Debate
Charles C.W. Cooke moderates a spirited debate between John Yoo and Richard Epstein on the constitutional meaning and historical origins of birthright citizenship. Drawing on legal precedent, originalist interpretation, and Reconstruction-era history, the two scholars explore whether Wong Kim Ark was rightly decided, how “subject to the jurisdiction” should be understood, and what the policy implications are for modern immigration.
Law Talk
Law Talk’s 2025 Supreme Court Recap
Richard Epstein, John Yoo, and Charles C.W. Cooke unpack one of the most consequential Supreme Court terms in recent memory.
Trump v. Everyone: War on Drugs, War on Courts, War on the Fed
A new episode of Law Talk featuring Richard Epstein, John Yoo, and Charles C.W. Cooke.
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Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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What’s Wrong with a Military Campaign Against the Drug Trade
Trump’s boat strikes against the cartels risk crossing the line between law enforcement and war.
The Long History of Presidential Discretion
The Framers did not expect Congress to preauthorize every use of force or to manage military campaigns.
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Judge Oldham's Olson Lecture: Yet Another FedSoc Debate or an Existential Challenge?
Judge Andrew S. Oldham’s Olson lecture reminds us that what worked for the Federalist Society in 1985 may not work in 2025 — and almost certainly won’t in 2065.
Ban the Filibuster — But Only for Continuing Budget Resolutions
Suspending the filibuster for continuing resolutions may have benefited Republicans this time, but the reform makes sense regardless of which party holds power.
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