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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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The End of Hamas? Richard Epstein on Israel’s Path Forward

Richard Epstein discusses Donald Trump’s surprise ceasefire deal between Israel and Hamas.

EP7
Oct 14, 2025

Can the President Declare a Trade ‘Emergency’? On the Supreme Court’s Tariff Case

Richard Epstein delves into one of the most consequential Constitutional questions of our time: can the president unilaterally impose tariffs under emergency powers?

EP8
Oct 31, 2025

Is Gerrymandering Unconstitutional?

Gerrymandering is back in the headlines — and this time, the political map wars in Texas and California are colliding with the courts, the Constitution, and the future of American democracy.

EP9
Nov 24, 2025

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.”

EP10
Dec 3, 2025

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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
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
State Courts Can’t Run Foreign Policy

Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.

John Yoo, Michael Toth
Constitutionalism
Feb 24, 2026

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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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
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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.

Jeff Stier
Constitutionalism
Jun 10, 2026
How the Zelman Decision Revitalized Religious Freedom

'Zelman v. Simmons-Harris' catalyzed a judicial recovery of the founding vision for the Establishment Clause and, more broadly, the relationship between church and state.

Ryan Bangert
Constitutionalism
Jun 4, 2026
Scalia’s Revolution

We still live in Scalia's judicial universe.

Tal Fortgang
Constitutionalism
Jun 3, 2026
The Roberts Court Needs To Reboot The Machinery Of Death

The Roberts Court should reboot the machinery of death, and get the judiciary out of its interminable quagmire.

Josh Blackman
Constitutionalism
Jun 2, 2026
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