Episode 5: 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.

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.

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?

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?

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?

Richard Epstein discusses several controversial cabinet nominations, including RFK Jr. at HHS, Kash Patel at FBI, and Kari Lake at the Voice of America. He also comments on the rapidly changing scenario in the Middle East and what it will mean for the incoming Trump administration’s foreign policy.

Richard Epstein reacts to the long list of appointees to Trump’s cabinet, including his less-than-traditional selections for Secretary of Defense, Director of National Intelligence, and Attorney General. He also addresses the suggestion that Trump use Article II, Section 3 to recess-appoint his whole cabinet. Recorded on November 13th, 2024.

Richard Epstein issues warnings and predictions for an upcoming second Trump term, covering Supreme Court appointments, the Senate filibuster, tariffs, abortion bans, illegal immigration, support for Ukraine and Israel, and deficit spending.

Richard Epstein reacts to a recent New York Times article about Trump’s bombastic promises to prosecute his political enemies and provides expectations for voting results in the upcoming election.

Richard takes aim at California’s new law to prevent legacy and donor-linked admissions at private universities, arguing against the claim that it parallels recent affirmative action rulings.