Civitas Outlook
Topic
Constitutionalism
Published on
Contributors
No items found.

Does America Have a Balance of Power Problem?

Episode description from Top of Mind with Julie Rose:

How is the balance of power supposed to work when a U.S. President aggressively pushes for more?

In his first 100 days of his second term, President Donald Trump issued more executive orders than any president in history, and the Supreme Court has largely let them stand while legal challenges play out. Whether that troubles you depends largely on how you feel about the President and his policies. But within four years, someone else will hold that office and may wield the same power toward different priorities.

In this episode of Top of Mind, host Julie Rose explores the origins of “checks and balances” in American government, including the surprising history of how the Supreme Court became “supreme.” We hear from a conservative legal scholar who worked for the George W. Bush Administration and thinks America benefits when Presidents push the limits of their power and Congress pushes back. Then we’ll explore why some Americans believe their local “Constitutional Sheriff”—not federal officials—is the ultimate authority in their community.

GUESTS

Timothy Johnson, Professor of Political Science and Law, University of Minnesota (https://www.trjumn.com/)

John Yoo, Professor of Law, UC Berkeley; Distinguished Fellow, Civitas Institute at the University of Texas at Austin (https://www.law.berkeley.edu/our-facu...)

Richard Mack, Former Sheriff of Graham County, Arizona; Founder of the Constitutional Sheriffs and Peace Officers Association (https://cspoa.org/)

Next up
 UChicago Prof. Richard Epstein Weighs in on the Supreme Court’s Decision Regarding Trump’s Tariffs

UChicago Prof. Richard Epstein Weighs in on the Supreme Court’s Decision Regarding Trump’s Tariffs

Feb 23, 2026
22:50
Federal law under the Constitution is always 'supreme'

Federal law under the Constitution is always 'supreme'

Jan 27, 2026
5:38
No items found.

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
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
Supreme Court tariff ruling should end complaints that justices favor Trump

John Yoo writes on the Supreme Court’s decision on President Trump’s tariff case.

John Yoo
Constitutionalism
Feb 20, 2026
Supreme Court showdown exposes shaky case against birthright citizenship

Supreme Court will hear challenges to Trump's order ending birthright citizenship, testing the 14th Amendment's guarantee for babies born in America.

Constitutionalism
Dec 10, 2025
Why State Courts Should Not Set National Energy Policy

Judges are improperly turning courts into bastions of climate activism.

Constitutionalism
Dec 8, 2025

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

UChicago Prof. Richard Epstein Weighs in on the Supreme Court’s Decision Regarding Trump’s Tariffs

Constitutionalism
Feb 23, 2026
1:05

Federal law under the Constitution is always 'supreme'

Constitutionalism
Jan 27, 2026
1:05

Legal expert explains why Supreme Court is holding back on Trump tariffs

Constitutionalism
Jan 21, 2026
1:05

Supreme Court to hear cases involving trans athletes

Constitutionalism
Jan 10, 2026
1:05

Epstein: Executive Power & Authoritarianism

Constitutionalism
Sep 17, 2025
1:05
No items found.
Trump’s Tariff Tantrum

Trump leaps from the frying pan into the fire in the aftermath of Learning Resources v. Trump.

Richard Epstein
Constitutionalism
Feb 25, 2026
The Administrative State’s Sludge

Congress has delegated so much power across so many statutes that it’s hard to find a question of any public importance to which some agency cannot point to policymaking authority.

Aaron L. Nielson
Constitutionalism
Feb 24, 2026
The Roberts Court Invokes Congress and the Constitution

The Court's message is that ultimate policy authority lies in the hands of Congress.

Constitutionalism
Feb 23, 2026
Slavery and the Republic

As America begins to celebrate its semiquincentennial, much ink has been spilled questioning whether that event is worth commemorating at all. Joseph Ellis’s The Great Contradiction could not be timelier.

David Lewis Schaefer
Constitutionalism
Feb 20, 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.