Epstein: Executive Power & Authoritarianism
Original description from the Rob Montz Show:
Many people see Trump as revolutionary restoring the sacred ideals of the country. Many others see a tyrant, a mob boss seizing dictatorial power. Who’s right? Is Trump really a dictator?
To sort this out I sat down the legal legend Richard Epstein, a long time law professor at the University of Chicago and New York University who has a mastery over the technical minutiae and legal history of executive authority. Why does he think Trump’s tariffs as obviously unconstitutional? What does he mean that grudges run this administration? And when so many other presidents have snatched power they weren’t supposed to have, is Trump really an outlier?
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.
.avif)
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.
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.
.avif)
The Temptation of the Inferior “Imperial Judiciary”
This status quo is not sustainable. Either the President will retain his role as the chief of the executive branch, or he will not. Either the Supreme Court will retain its position as the Supreme Court, or it will not.
Major Questions Doctrine and Its Bipartisan History
Administrative law is important because it provides the framework for so many significant fights about policy. Unfortunately, it is also often misunderstood.
