Episodios

  • Who's More Libertarian? Iran, Guns, and the Limits of Law

    Who's More Libertarian? Iran, Guns, and the Limits of Law
    Mar 20 2026
    John Yoo, Richard Epstein, and Charles C.W. Cooke dive into the legal firestorm surrounding U.S. actions in Iran—debating “imminence,” anticipatory self-defense, and whether international law has any real teeth. Then, they tackle a major 2nd Amendment case testing whether drug use can justify a permanent gun ban—and whether courts or legislatures should draw that line. Finally, a heated clash over parental rights, the Constitution, and California’s school policies raises a deeper question: where do these rights actually come from?
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    1 h
  • The Trouble With Tariffs

    The Trouble With Tariffs
    Feb 26 2026
    Recent Supreme Court rulings have put new limits on the president’s ability to impose sweeping tariffs under claims of national emergency. The Law Talk crew breaks down what the Court actually decided, why Trump’s emergency-tariff theory failed, and how trade law, constitutional structure, and basic economics collided in the case. They also explore who really controls tariff power under the Constitution, why trade deficits don’t qualify as emergencies, and how doctrines like non-delegation and “major questions” are quietly reshaping executive authority.
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    1 h y 8 m
  • Greenland, Guns, and Money

    Greenland, Guns, and Money
    Jan 22 2026
    Can a U.S. president buy — or even invade — Greenland? Can he tear up treaties, fire a member of the Federal Reserve, and still stay within the Constitution? And who actually decides what “fairness” means in women’s sports?In this wide-ranging Law Talk episode, Richard Epstein, John Yoo, and Charles C.W. Cooke debate Trump’s Greenland gambit, the limits of presidential war powers, treaty termination, NATO, transgender athletes and Title IX, Hawaii’s attempt to criminalize gun carry on private property, and whether the Supreme Court is about to blink when it comes to the independence of the Federal Reserve.Then, what starts out as a theoretical discussion quickly turns into a no-holds-barred debate about the unitary executive, impeachment, property rights, constitutional “prescription,” and whether modern government is compatible with the Constitution as written. Buckle up.
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    1 h y 15 m
  • Peak Trump: War, Antitrust, and Third Terms

    Peak Trump: War, Antitrust, and Third Terms
    Dec 20 2025
    Is the United States already at war with Venezuela—and if so, who authorized it? The Law Talk crew reconvenes for a wide-ranging debate over presidential war powers, congressional passivity, and how far modern practice has drifted from constitutional text. The conversation then pivots to Netflix's attempt to buy Warner Bros antitrust and whether or not in these big mergers consumer welfare still matters at all. The episode closes with a sharp examination of the most feverish legal question of the moment: could a president really serve a third term—or is that pure constitutional fantasy?
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    1 h y 1 m
  • The Big Beautiful Originalism Debate

    The Big Beautiful Originalism Debate
    Nov 20 2025
    The long-awaited originalism debate is here! Charles C.W. Cooke, Richard Epstein, and John Yoo argue the meaning and limits of originalism, how constitutional text should be interpreted, whether long-standing practices can override original meaning, and where modern doctrines—from Article I courts to immigration policy—fit within the founding framework. It's a spirited, clear, and tightly argued conversation about how the Constitution should function today.
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    1 h y 2 m
  • Supreme Court Preview: Sports, Speech, and Separation of Powers

    Supreme Court Preview: Sports, Speech, and Separation of Powers
    Oct 14 2025
    The Supreme Court’s new term is loaded with big questions and Law Talk is on the cases: transgender athletes and Title IX, presidential power to fire officials (even at the Fed), race-based redistricting, free speech and “conversion therapy,” and Trump’s use of emergency powers to impose tariffs. From constitutional originalism to modern political realities, the trio debate what’s at stake for the Court — and for the country.
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    1 h y 13 m
  • Trump v. Everyone: War on Drugs, War on Courts, War on the Fed

    Trump v. Everyone: War on Drugs, War on Courts, War on the Fed
    Sep 12 2025
    Richard Epstein, John Yoo, and host Charles C.W. Cook dive into Trump’s decision to blow up a Venezuelan drug boat (was it legal? was it war?), the Supreme Court’s green light for immigration profiling in Los Angeles, and the growing showdown between lower courts and SCOTUS. They finish with Trump trying to fire Fed governor Lisa Cook and ponder whether or not the president can take control of the Federal Reserve.
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    59 m
  • The Great Birthright Citizen Debate

    The Great Birthright Citizen Debate
    Aug 11 2025
    Charles C.W. Cooke moderates a spirited debate between John Yoo and Richard Epstein on the constitutional meaning and historical origins of birthright citizenship. Drawing on legal precedent, originalist interpretation, and Reconstruction-era history, the two scholars explore whether Wong Kim Ark was rightly decided, how “subject to the jurisdiction” should be understood, and what the policy implications are for modern immigration.
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    1 h y 2 m