The Libertarian

The Civitas Institute at the University of Texas at Austin
  • 4.7 (976)
  • POLITICS
  • UPDATED MONTHLY

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. OCT 31

    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

  2. OCT 15

    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

  3. SEP 25

    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

  4. SEP 3

    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

  5. AUG 21

    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

  6. AUG 7

    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

  7. JUL 24

    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
  8. Immigration

    JUL 17

    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
See All (9)

Hosts & Guests

4.7
out of 5
976 Ratings

About

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.

Information

  • Creator
    The Civitas Institute at the University of Texas at Austin
  • Years Active
    2014 - 2025
  • Episodes
    9
  • Rating
    Clean
  • Copyright
    © The Civitas Institute at the University of Texas at Austin
  • Show Website
    The Libertarian

More From Hoover Institution

You Might Also Like