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?
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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
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.
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What’s Wrong with a Military Campaign Against the Drug Trade
Trump’s boat strikes against the cartels risk crossing the line between law enforcement and war.
The Long History of Presidential Discretion
The Framers did not expect Congress to preauthorize every use of force or to manage military campaigns.
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Have We All Misunderstood Enumerated Powers?
The author carefully states that his goal is to unsettle the orthodoxy of enumeration.
Free Speech and the American University: A Proposal
We need the restoration of a moral framework for regulating speech, a framework that we, as a people, once had no trouble in understanding.
