Civitas Outlook
Topic
Constitutionalism
Published on
March 11, 2025
Contributors
John Yoo

WSJ: The Legal Theory Behind Trump’s Plan to Consolidate Power

President Trump is using the popular conservative ideology known as the “unitary executive theory” to give more power to the executive branch. He is using the legal theory to help justify firing thousands of federal workers, dismantling entire agencies like USAID and overseeing what were created as independent regulatory agencies like the FTC and SEC.

WSJ explains the legal theory and why the Supreme Court may allow the expansion of executive power.

Next up
 Article II and the Growth of the American Presidency with John Yoo

Article II and the Growth of the American Presidency with John Yoo

Apr 27, 2026
1:22:19
Limited Government | 2026 National Review Institute Regional Seminars

Limited Government | 2026 National Review Institute Regional Seminars

Apr 17, 2026
3:14.26
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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

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Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.

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Amicus Brief: Chevron U.S.A. Inc. v. Plaquemines Parish

Civitas Research Fellow Michael Toth's work was cited in a Supreme Court brief.‍

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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.

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Constitutionalism
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Birthright Citizenship Has a Long Historical Precedent

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Constitutionalism
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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.

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Constitutionalism
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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.

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Constitutionalism
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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.

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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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Article II and the Growth of the American Presidency with John Yoo

Constitutionalism
Apr 27, 2026
1:05

Laying down the law on birthright citizenship

Constitutionalism
Apr 26, 2026
1:05

Limited Government | 2026 National Review Institute Regional Seminars

Constitutionalism
Apr 17, 2026
1:05

Supreme Court interested in 'original' meaning of 14th Amendment

Constitutionalism
Apr 1, 2026
1:05

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

Constitutionalism
Feb 23, 2026
1:05
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Justice Harlan and President Trump Are Right About Birth Tourism

The Supreme Court should follow Justice Harlan’s lead: Children of illegal aliens are citizens at birth, but children born to pregnant women on temporary tourist visas are not.

Josh Blackman
Constitutionalism
Apr 30, 2026
Courting Tyranny

Politicians who care about preserving American freedom and greatness for another 250 years should speak and write in ways that strengthen Americans’ confidence in the judiciary.

Timothy Harper
Constitutionalism
Apr 28, 2026
The Olympus Spa, Denuded by the 9th Circuit

In its opinion, the Olympus Spa majority acknowledged, “where public accommodations laws impermissibly burden constitutional rights, public accommodations laws must give way.” But its analysis defied the very principle it recognized.

Sarah Parshall Perry
Constitutionalism
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Separation of Powers and Our Constitutional Freedoms

'Separation of Powers' contains something of benefit to everyone, from first-year law students to grizzled veterans of the post-New Deal wars.

Paul J. Larkin
Constitutionalism
Apr 23, 2026
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