Civitas Outlook
Topic
Constitutionalism
Published on
February 23, 2026
Contributors
Richard Epstein

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

The Supreme Court’s recent decision in the Learning Resources tariff case has reignited debate over the limits of presidential authority in trade policy, with constitutional scholar Richard Epstein sharply criticizing what he described as an expansive and legally unsound use of emergency powers by the executive branch.

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Federal law under the Constitution is always 'supreme'

Federal law under the Constitution is always 'supreme'

Jan 27, 2026
5:38
Supreme Court to hear cases involving trans athletes

Supreme Court to hear cases involving trans athletes

Jan 10, 2026
3:55
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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
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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.

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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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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

Epstein: Tim Kaine’s Misunderstanding of Natural Rights

Constitutionalism
Sep 15, 2025
1:05
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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
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