Civitas Outlook
Topic
Constitutionalism
Published on
Sept 15, 2024
Contributors
Richard Epstein
Charles C.W. Cooke
Episode 2
The Libertarian

Trump and Executive Power

About this episode

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?

All other episodes on

The Libertarian

No items found.

Join the newsletter

Receive new publications, news, and updates from the Civitas Institute.

Sign up
More on

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.

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
Rational Nondelegation

The nondelegation doctrine, which forbids Congress from transferring excessive power to the executive branch, has risen from the dead.

John Yoo
Constitutionalism
Feb 27, 2025
What is an Establishment of Religion? And What Does Disestablishment Require?

Vincent Phillip Muñoz reviews a new book about the Establishment Clause.

Vincent Phillip Muñoz
Constitutionalism
Dec 16, 2024
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
Trump, Lincoln and a ‘Habeas Corpus Threat’

Prof. John Yoo replies to William Galston.

John Yoo
Constitutionalism
May 18, 2025
The Originalist Case for Birthright Citizenship

A Supreme Court guided by originalist principles should affirm the constitutionality of birthright citizenship.

John Yoo, Robert Delahunty
Constitutionalism
May 9, 2025

The Libertarian

The inimitable Richard Epstein offers his unique perspective on national developments in public policy and the law.

View all
** items

Law Talk

Welcome to Law Talk with Richard Epstein and John Yoo. Our show is hosted by Charles C. W. Cooke.

View all
** items

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

Litigation Update: Department of State v. AIDS Vaccine Advocacy Coalition

Constitutionalism
Mar 7, 2025
1:05

John Yoo: Supreme Court Temporarily Allows Trump’s Freeze on USAID Payments

Constitutionalism
Feb 27, 2025
1:05
No items found.
Of Pardons and Autopens

The President himself must decide whether someone deserves a pardon. The buck stops at the Resolute desk.

Paul J. Larkin
Constitutionalism
Jul 23, 2025
Universal Injunctions Are Dead, Long Live Universal Remedies?

In Trump v. CASA, Justice Barrett explained how judges should understand their role in our constitutional republic.

Jonathan H. Adler
Constitutionalism
Jul 23, 2025
Civitas Symposium: Statesmanship and the American Presidency

Four contributors reflect on executive power and American constitutionalism.

Richard Reinsch
Constitutionalism
Jul 22, 2025
Andrew Jackson Redefined the American Presidency

Jackson put theory to practice—interpreting the Constitution and enforcing the law independently, wielding veto power on policy as well as constitutional grounds, and reestablishing presidential control over the executive branch through the removal power.

John Yoo
Constitutionalism
Jul 22, 2025
No items found.
No items found.
Join the newsletter

Get the Civitas Outlook daily digest, plus new research and events.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.