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
Who’s More Libertarian? Iran, Guns, and the Limits of Law
John Yoo, Richard Epstein, and Charles C.W. Cooke dive into the legal firestorm surrounding U.S. actions in Iran.
Birthright, Free Speech, and War: Law Talk Live at UT Austin
In this episode of Law Talk Live—recorded at the University of Texas at Austin and hosted by the Civitas Institute—Charles C. W. Cooke, John Yoo, and Richard Epstein debate some of the most contentious constitutional questions of the moment.
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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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State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.
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When Can a Crass Political Remark Be Deemed an Indictable “Threat of Violence”?
When can a crass political remark be deemed an indictable “threat of violence”? When those charged with recognizing the law’s “supremacy” and the “limitations” on their authority disavow both principles.
Struck By Lightning Fifty Years Later: The Court’s Broken Promise on the Death Penalty
The Supreme Court has become the source of the very arbitrariness it set out to eliminate.
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