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?
The Libertarian
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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Separation of Powers and Our Constitutional Freedoms
'Separation of Powers' contains something of benefit to everyone, from first-year law students to grizzled veterans of the post-New Deal wars.
Justice Alito Is the Jurist America Needed
Mollie Hemingway’s recent book provides just enough information about Alito’s life to satisfy those who would like to know about his upbringing and life before joining the Court, and, more importantly, how that upbringing helped to shape his values and approach to judging.
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