Civitas Outlook
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Constitutionalism
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The Libertarian

The Libertarian is a podcast of the Civitas Institute at the University of Texas at Austin.

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Trump and Executive Power

Episode #2 of the The Libertarian with Richard Epstein, hosted by Charles C.W. Cooke.

EP2

Israel vs. New York Times

Episode 3 of The Libertarian with Richard Epstein and Charles C.W. Cooke.

EP3
Aug 7, 2025

Surf’s Up: Roman Law and Beach Houses

Episode 4 of The Libertarian with Richard Epstein and Charles C.W. Cooke

EP4
Aug 21, 2025

Posse Comitatus: Trump, Troops, and the Limits of Presidential Power

Episode 5 of The Libertarian with Richard Epstein and Charles C.W. Cooke

EP5

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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

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
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.

John Yoo
Constitutionalism
Sep 24, 2025
The Long History of Presidential Discretion

The Framers did not expect Congress to preauthorize every use of force or to manage military campaigns.

John Yoo
Constitutionalism
Sep 19, 2025
Why Trump’s ‘Emergency’ Tariffs Won’t Fly

The trade deficit isn’t a sudden surprise, short in duration, and great in harm: the usual characteristics of an emergency.

John Yoo
Constitutionalism
Sep 2, 2025
Democracy in Britain: The Lords’ Work

Part 2: How the “hereditary peers” enhance lawmaking and support the soft power of the UK.

David L. Leal
Constitutionalism
Aug 6, 2025

Law Talk

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

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** items

Epstein: Executive Power & Authoritarianism

Constitutionalism
Sep 17, 2025
1:05

Epstein: Tim Kaine’s Misunderstanding of Natural Rights

Constitutionalism
Sep 15, 2025
1:05

Why Postliberalism Is Gaining Ground: Phillip Muñoz on America’s Founding Values

Constitutionalism
Aug 7, 2025
1:05

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
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Waging Municipal Lawfare

The limited authority of local governments to initiate public interest litigation is a matter of law, not politics.

Doug Peterson, Michael Toth
Constitutionalism
Oct 23, 2025
What Game Are We Playing?

If you decide to play Calvinball, you have become a partisan of Calvinball.

John Grove
Constitutionalism
Oct 23, 2025
Does Federal Law Extend to Portlandia?

Blue state leaders have decided to make a stand — against the President, not the violent rioters in the streets.

John Yoo
Constitutionalism
Oct 22, 2025
Creed, Culture, and American Memory

Even immigrants who shared neither descent nor language nor culture nor religion could find a way to participate in the sense of America, not merely as an idea, but as a home, as a place where they could be “born again.”

Wilfred McClay
Constitutionalism
Oct 21, 2025
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