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Richard Epstein

Legal scholar and commentator on constitutional law and regulation, invited to analyze the statutory and constitutional issues surrounding presidential tariff and emergency powers.

Top 3 podcasts with Richard Epstein

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26 snips
Oct 31, 2025 • 28min

Can the President Declare a Trade ‘Emergency’? On the Supreme Court’s Tariff Case

Richard Epstein, a noted legal scholar and expert on constitutional law, explores the pressing question of whether the president can impose tariffs under emergency powers. He breaks down the nuances of Article I, highlighting the legislative limits on such delegation. Epstein contrasts historical definitions of 'emergency' with routine tariffs and cautions against using tariffs as political tools. He also warns that expanding the unitary executive theory could dangerously broaden presidential authority. The discussion sheds light on the potential impact on trade and separation of powers.
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Nov 20, 2025 • 1h 2min

The Big Beautiful Originalism Debate

Join legal scholars John Yoo and Richard Epstein as they dive deep into the heart of originalism! Yoo passionately defends original public meaning and the legitimacy grounded in ratification, while Epstein critiques strict originalism, emphasizing how historical practices can shape constitutional interpretation. They tackle contentious topics like immigration policies and the scope of Article I courts, debating how long-standing customs can influence and even override textual meanings. It's a lively and thought-provoking discussion that challenges conventions!
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Aug 11, 2025 • 1h 2min

The Great Birthright Citizen Debate

Richard Epstein, a legal scholar known for his expertise in law and economics, joins John Yoo, a law professor and former government official, for an engaging debate on birthright citizenship. They dissect the historical roots of the 14th Amendment and analyze the landmark Wong Kim Ark case. The discussion highlights the phrase 'subject to the jurisdiction' and its implications for modern immigration. They also delve into originalism, racial biases in citizenship laws, and potential policy reforms, making for a fascinating exploration of a contentious legal issue.

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