The Libertarian

The Civitas Institute at the University of Texas at Austin
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The inimitable Richard Epstein offers his unique perspective on national developments in public policy and the law.  The Libertarian is a podcast of the Civitas Institute at the University of Texas at Austin.

  1. 19/12/2025

    Who Decides When America Goes to War?

    Who actually decides when the United States goes to war—Congress or the president? Richard Epstein traces the Constitution’s original division of war powers from 1789 to the present and explain how practice, politics, and modern warfare have steadily shifted authority toward the presidency. Along the way, they explore declarations of war that never happen, authorizations that never expire, emergency actions that become routine, and why Congress so often prefers not to decide at all. Professor Epstein argues that America now operates under two constitutions—the one we wrote and the one we live with.

    27 min

  2. 10/12/2025

    Can the President Fire Anyone? SCOTUS Hears Arguments in Trump v. Slaughter

    Richard Epstein does a deep into the Supreme Court’s latest showdown: Trump v. Slaughter, a case that could redefine presidential removal power and the future of independent agencies like the FTC. Epstein walks through the constitutional history — from the Founding to Humphrey’s Executor to modern administrative courts — and explains how the Court’s interpretation of Article II has evolved, splintered, and in some cases contradicted itself. The conversation covers everything from the steel-seizure precedent to the Federal Reserve, the structure of the administrative state, and the unresolved tension between originalism and the practical realities of modern governance. Epstein explains why this case could be one of the most consequential constitutional questions of our time.

    35 min

  3. 03/12/2025

    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.” Epstein outlines the traditional separation of war powers, emphasizing the limits on unilateral executive action and the enduring constraints imposed by international norms governing the use of force, self-defense, and the treatment of noncombatants. Their discussion highlights key precedents in maritime and public international law, the challenges of applying long-standing legal doctrines to modern security threats, and the potential domestic and geopolitical consequences of executive overreach.

    23 min

  4. 24/11/2025

    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. Richard Epstein explains the history of gerrymandering, how modern technology turbocharges it, and why recent Supreme Court rulings have made the problem even harder to fix. From Texas judges tossing out new maps, to California’s counter-move, to the racial redistricting battles now reaching the Supreme Court — this conversation dives into the legal chaos, the political incentives, and the structural weaknesses that keep the cycle going.

    20 min

  5. 31/10/2025

    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? With the Supreme Court set to review Donald Trump’s use of the International Emergency Economic Powers Act (IEPA) to levy trade barriers, Epstein explains what the Constitution actually says about tariffs, how far Congress can delegate its authority, and why the doctrine of the “unitary executive” could reshape the balance between the legislative and executive branches. From Article I to Justice Taft’s 1928 tariff case, the discussion traces the fine line between lawful delegation and unconstitutional abdication—and what’s at stake for trade, separation of powers, and presidential authority.

    28 min

  6. 15/10/2025

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

    Richard Epstein discusses Donald Trump’s surprise ceasefire deal between Israel and Hamas. Richard argues it’s not peace but a pause—born of Israel’s decisive military campaign and Hamas’s collapse. He explains how Netanyahu, Trump, and shifting Middle East alliances created a fragile new order, and why Gaza’s future now depends on demilitarization, reconstruction, and realism.

    24 min

  7. 25/09/2025

    Trump v. Kimmel

    Richard Epstein dives into the controversy surrounding Jimmy Kimmel, the FCC, and free speech. Using the recent dust-up as a starting point, Epstein traces the history of the Federal Communications Commission from its origins in the 1930s through landmark cases like Red Lion. He explains how government licensing of the broadcast spectrum opened the door to censorship, distortion, and inefficiency—and why libertarians like Ronald Coase pushed for a market-based approach instead. Professor Epstein also contrasts Hayek’s vision of free entry with Felix Frankfurter’s regulatory mindset, explores the limits of “public interest” obligations, and shows how today’s fragmented media landscape makes FCC power increasingly obsolete.

    23 min

  8. 03/09/2025

    Posse Comitatus: Trump, Troops, and the Limits of Presidential Power

    Richard Epstein analyzes Justice Breyer’s ruling on Trump’s use of federal troops in Los Angeles. They explore the Posse Comitatus Act, the limits of presidential emergency powers, and why the courts often avoid tough factual questions—raising big issues about federal vs. state authority and executive overreach.

    26 min

  9. 21/08/2025

    Surf's Up: Roman Law and Beach Houses

    Richard Epstein explains why policy around laws governing coastal property rights and construction is grounded in ancient Roman natural law. In addition, he argues for coordinated, state-facilitated seawalls that preserve views and access and, where necessary, for using condemnation (and compensation) rather than forbidding owners to protect already-developed properties under a sweeping public-trust theory.

    26 min

  10. 07/08/2025

    Israel vs. New York Times

    On episode 3, Charles C. W. Cooke asks Richard Epstein about Israel's potential defamation suit against the New York Times. Can a country sue a newspaper? Where would such a case be heard? Does it matter that Israel is a "public figure"? Could "actual malice" be proved? Would the New York Times want to settle? Does its non-retraction update help, or worsen, its position?

    33 min

  11. 24/07/2025

    Trump and Executive Power

    On episode two of the new The Libertarian podcast, Richard Epstein talks to Charles C. W. Cooke about executive power. What does the Constitution say about it? How has it evolved? What space is there for executive discretion? Can the president fire everyone in his branch for whatever reason? Has Congress abdicated its responsibility?

    31 min
  12. Immigration

    17/07/2025

    Immigration

    The libertarian is back. On this first episode of the new series, Richard Epstein talks to host Charles C. W. Cooke about immigration. What powers was the federal government given over this area? What—and why—did those powers change? Can the states fill any gaps? What due process are immigrants entitled to?

    23 min
Elenco completo (13)

Presentatori e ospiti

Descrizione

The inimitable Richard Epstein offers his unique perspective on national developments in public policy and the law.  The Libertarian is a podcast of the Civitas Institute at the University of Texas at Austin.

Informazioni

  • Creatore
    The Civitas Institute at the University of Texas at Austin
  • Anni di attività
    2014 - 2025
  • Puntate
    13
  • Classificazione
    Contenuti adatti a tutti
  • Copyright
    © The Civitas Institute at the University of Texas at Austin
  • Sito web del podcast
    The Libertarian

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