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?
.jpg)
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.
.avif)
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.
.avif)
.avif)
.webp)
Chadha’s Mistakes and the Diminished Congress
The Chadha decision fueled the executive ascendancy that Chevron soon cemented, leaving Congress weakened in its wake.
The Myth of Milliken
Shep Melnick evaluates Michelle Adams' new scholarly attempt to return Milliken v. Bradley and the story of Detroit school busing to the court of public opinion.
.webp)
Get the Civitas Outlook daily digest, plus new research and events.