Civitas Outlook
Topic
Constitutionalism
Published on
March 26, 2025
Contributors
John Yoo
Episode

The Trump Administration's Judicial Standoff

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Constitutionalism

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.

John Yoo
Constitutionalism
Sep 15, 2025
Amicus Brief: Chevron U.S.A. Inc. v. Plaquemines Parish

Civitas Research Fellow Michael Toth's work was cited in a Supreme Court brief.‍

Michael Toth
Constitutionalism
Sep 11, 2025
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.

Richard Epstein, John Yoo
Constitutionalism
Jul 24, 2025
Religious Exemptions?: What the Free Exercise Clause Means

A conversation among three religious liberty scholars on the Free Exercise Clause’s original meaning.

Andrew Koppelman, Michael McConnell, Vincent Phillip Muñoz
Constitutionalism
Apr 28, 2025
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.

John Yoo
Constitutionalism
Sep 2, 2025
Democracy in Britain: The Lords’ Work

Part 2: How the “hereditary peers” enhance lawmaking and support the soft power of the UK.

David L. Leal
Constitutionalism
Aug 6, 2025
The American Revolutions of 1776

America's founding was animated by both the spirit of liberty and the spirit of religion — a philosophical and practical achievement worth understanding and attempting to recover today.

Vincent Philip Muñoz
Constitutionalism
Jun 23, 2025
The Progressive Presidency Envelops American Politics

One does not need to revisit the drastic consequences that ensued from COVID-19 policies to be reminded of the failures and mistakes of the progressive constitutional framework that issued them.

Richard M. Reinsch II
Constitutionalism
May 27, 2025

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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Epstein: Tim Kaine’s Misunderstanding of Natural Rights

Constitutionalism
Sep 15, 2025
1:05

Why Postliberalism Is Gaining Ground: Phillip Muñoz on America’s Founding Values

Constitutionalism
Aug 7, 2025
1:05

Richard Epstein: The Constitution, Parental Rights, and More

Constitutionalism
Jul 7, 2025
1:05

Yuval Levin on How the Constitution Unified our Nation – and Could Again

Constitutionalism
Mar 27, 2025
1:05

WSJ: The Legal Theory Behind Trump’s Plan to Consolidate Power

Constitutionalism
Mar 11, 2025
1:05
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Living With and Coping With Gerrymandering

At best, the problem only has partial solutions.

Richard Epstein
Constitutionalism
Sep 10, 2025
Humphrey’s Executor and the Future of Presidential Power

The U.S. Supreme Court is almost certain to hold that President Trump lawfully fired Rebecca Slaughter from her role as a Commissioner of the Federal Trade Commission.

Aaron L. Nielson
Constitutionalism
Sep 9, 2025
Restoring the Constitution’s Presidency: Modifying Myers and Overruling Humphrey’s

The Constitution’s President is a modest republican magistrate with a considerable but still limited job description.

Robert G. Natelson
Constitutionalism
Sep 9, 2025
What Could the Supreme Court Rule About Trump's Tariffs?

While the Federal Circuit erred in its reading of IEEPA, it still reached the right result because of a question it strangely avoided.

John Yoo
Constitutionalism
Sep 8, 2025
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