Trump and Executive Power
On episode two of the new The Libertarian podcast, Richard Epstein talks to Charles C. W. Cooke about executive power. What does the Constitution say about it? How has it evolved? What space is there for executive discretion? Can the president fire everyone in his branch for whatever reason? Has Congress abdicated its responsibility?
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.

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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Waging Municipal Lawfare
The limited authority of local governments to initiate public interest litigation is a matter of law, not politics.

What Game Are We Playing?
If you decide to play Calvinball, you have become a partisan of Calvinball.



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