Civitas Outlook
Topic
Constitutionalism
Published on
August 10, 2026
Contributors
Charles C.W. Cooke
Richard Epstein
John Yoo
Episode
Law Talk

Trump’s Ballroom, Fauci’s Fifth & the Pardon Power

About this episode

This week, the Law Talk crew tackles Trump’s White House ballroom fight, the latest battle over birthright citizenship, Anthony Fauci’s decision to plead the Fifth, and the controversial pardons issued by Joe Biden. They debate the limits of executive power, the authority of the courts and Congress, and whether America’s expansive presidential pardon power has finally gone too far.

All other episodes on

Law Talk

Law Talk: Does AI Dream of Constitutional Rights?

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

EP1
May 5, 2025

Insurrections, The Militia Cause, and Getting Dunked on By Charles Barkley

Professors Richard Epstein and John Yoo, joined by Charles C.W. Cooke, dive into the legal chaos surrounding the use of federal troops during civil unrest.

EP2
Jun 13, 2025

Law Talk’s 2025 Supreme Court Recap

Richard Epstein, John Yoo, and Charles C.W. Cooke unpack one of the most consequential Supreme Court terms in recent memory.

EP3
Jul 8, 2025

Law Talk: The Great Birthright Citizen Debate

Charles C.W. Cooke moderates a spirited debate between John Yoo and Richard Epstein on the constitutional meaning and historical origins of birthright citizenship.

EP4
Aug 13, 2025

Join the newsletter

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

Sign up
More on

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

Michael Toth
Constitutionalism
Sep 22, 2025
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
A New Research Agenda for AI Constitutionalism

AI constitutionalism is too important to leave to the labs. Here are the questions scholars should take up.

Kevin Frazier
Constitutionalism
Aug 7, 2026
Roberts Gets the 14th Amendment Wrong

Richard Epstein
Constitutionalism
Jul 2, 2026
The Declaration as a Constitution

John Yoo
Constitutionalism
Jun 23, 2026
Birthright Citizenship Has a Long Historical Precedent

John Yoo
Constitutionalism
Apr 2, 2026

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

Supreme Court Justices Seek Increased Security Funding Amid Escalating Threats

Constitutionalism
Jul 14, 2026
1:05

The High Court's Very Big Year

Constitutionalism
Jul 11, 2026
1:05

The Myth of Birthright Citizenship with Richard A. Epstein

Constitutionalism
May 26, 2026
1:05

Former DOJ Official: 'This is a crazy idea'

Constitutionalism
May 11, 2026
1:05

The Rising Influence of Supreme Court Justice Clarence Thomas

Constitutionalism
May 7, 2026
1:05
No items found.
The Constitution and Birthright Citizenship: A Rejoinder to Professor Yoo

Foreigners can come to America and become “Americans” not by their mere presence on American soil but by embracing the principles upon which this country was founded.

Linda Denno
Constitutionalism
Aug 13, 2026
A Theory of Natural Rights Citizenship Must Comport with the Constitution’s Text

The fundamental problem with political theorists interpreting the Constitution is that they are not interpreting it. Instead, they are using the Constitution to advance a political theory.

John Yoo
Constitutionalism
Aug 13, 2026
Fauci without the Fifth

Just how good was his COVID-era advice?

Richard Epstein
Constitutionalism
Aug 10, 2026
The Fifth Circuit’s Chance to Expose the Inflation Reduction Act’s Unconstitutionality

Despite the mounting evidence of harm, the Medicare Drug Price Negotiation Program remains law — and the Justice Department continues to defend it in federal court.

Jeff Stier
Constitutionalism
Jun 10, 2026
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.