Posse Comitatus: Trump, Troops, and the Limits of Presidential Power
Richard Epstein analyzes Justice Breyer’s ruling on Trump’s use of federal troops in Los Angeles. They explore the Posse Comitatus Act, the limits of presidential emergency powers, and why the courts often avoid tough factual questions—raising big issues about federal vs. state authority and executive overreach.
Constitutionalism
Epstein & Yoo: Amicus Brief in Supreme Court of Maryland
Civitas Senior Research Fellows Richard Epstein and John Yoo, alongside the Mountain States Legal Foundation, filed an amicus brief in the Supreme Court of Maryland.
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Religious Exemptions?: What the Free Exercise Clause Means
A conversation among three religious liberty scholars on the Free Exercise Clause’s original meaning.
Why Trump’s ‘Emergency’ Tariffs Won’t Fly
The trade deficit isn’t a sudden surprise, short in duration, and great in harm: the usual characteristics of an emergency.
Democracy in Britain: The Lords’ Work
Part 2: How the “hereditary peers” enhance lawmaking and support the soft power of the UK.
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Sen. Warren's Hollow Call for Fed Accountability
The question is not whether the Fed should be more accountable, but accountable to whom.
The Failed Lower Court Revolt
As Justice Gorsuch explained, “Lower court judges may sometimes disagree with this Court’s decisions, but they are never free to defy them.”
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