Richard Epstein

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.

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!

Richard Epstein, a renowned legal scholar specializing in constitutional law, delves into the complex dynamics of war powers in the U.S. He discusses the original constitutional division between Congress and the president, and how modern practices have tilted authority towards the presidency. Epstein highlights the reluctance of Congress to make decisive war declarations, the evolution of authorizations, and the implications of emergency actions. He provocatively suggests the existence of two constitutions—one written, and one lived—shaping America’s approach to war today.