The Libertarian Podcast

Richard Epstein delves into one of the most consequential Constitutional questions of our time: can the president unilaterally impose tariffs under emergency powers? With the Supreme Court set to review Donald Trump’s use of the International Emergency Economic Powers Act (IEPA) to levy trade barriers, Epstein explains what the Constitution actually says about tariffs, how far Congress can delegate its authority, and why the doctrine of the “unitary executive” could reshape the balance between the legislative and executive branches. From Article I to Justice Taft’s 1928 tariff case, the discussion traces the fine line between lawful delegation and unconstitutional abdication—and what’s at stake for trade, separation of powers, and presidential authority.

Richard Epstein discusses Donald Trump’s surprise ceasefire deal between Israel and Hamas. Richard argues it’s not peace but a pause—born of Israel’s decisive military campaign and Hamas’s collapse. He explains how Netanyahu, Trump, and shifting Middle East alliances created a fragile new order, and why Gaza’s future now depends on demilitarization, reconstruction, and realism.

Richard Epstein dives into the controversy surrounding Jimmy Kimmel, the FCC, and free speech. Using the recent dust-up as a starting point, Epstein traces the history of the Federal Communications Commission from its origins in the 1930s through landmark cases like Red Lion. He explains how government licensing of the broadcast spectrum opened the door to censorship, distortion, and inefficiency—and why libertarians like Ronald Coase pushed for a market-based approach instead. Professor Epstein also contrasts Hayek’s vision of free entry with Felix Frankfurter’s regulatory mindset, explores the limits of “public interest” obligations, and shows how today’s fragmented media landscape makes FCC power increasingly obsolete.

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.

Richard Epstein clears up questions over Israel’s beeper attack on thousands of Hezbollah members in Lebanon and provides the classical liberal’s approach to preventing gun violence and school shootings.

Richard Epstein reacts to the news that a popular right-wing online content creation company has been paid to spread Russian propaganda and weighs in on an historian's absurd claims about the Holocaust and Winston Churchill.

Richard Epstein provides clarity on the treatment of Jewish students and the actions of pro-Palestinian protestors on college campuses from UCLA to Columbia. He then previews the problems the Democratic National Convention will likely have with far-left protestors and offers recommendations to those running the DNC.

Richard Epstein evaluates President Biden’s three proposals for reforming the Supreme Court: A constitutional amendment, term limits for Justices, and a brand new code of ethics.

Richard Epstein reacts to President Biden stepping down from the Democratic ticket and weighs in on Vice President Kamala Harris’ chances of beating Donald Trump in November. He also works through whether President Biden should step down before next January and what it would mean for Republicans in the meantime.

Richard Epstein opines on a big tax case decided by the Supreme Court, tries to make sense of Louisiana’s inevitable First Amendment case, and weighs in on Manhattan DA Alvin Bragg’s “punishment” of Columbia protestors.

Richard Epstein is in his element as he discusses new Supreme Court rulings on access to abortion pills, modifications to semiautomatic weapons, and the ability of workers to organize unions.