Trump’s War on Narco Boats
Richard Epstein examines the constitutional, statutory, and international-law implications of the Trump administration’s recent strikes on vessels in the Caribbean alleged to be transporting “narco-terrorists.” Epstein outlines the traditional separation of war powers, emphasizing the limits on unilateral executive action and the enduring constraints imposed by international norms governing the use of force, self-defense, and the treatment of noncombatants. Their discussion highlights key precedents in maritime and public international law, the challenges of applying long-standing legal doctrines to modern security threats, and the potential domestic and geopolitical consequences of executive overreach.
The Libertarian
Posse Comitatus: Trump, Troops, and the Limits of Presidential Power
Episode 5 of The Libertarian with Richard Epstein and Charles C.W. Cooke
The End of Hamas? Richard Epstein on Israel’s Path Forward
Richard Epstein discusses Donald Trump’s surprise ceasefire deal between Israel and Hamas.
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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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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.
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