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The Libertarian

The Libertarian

By: The Civitas Institute at the University of Texas at Austin
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 The inimitable Richard Epstein offers his unique perspective on national developments in public policy and the law.

The Libertarian is a podcast of the Civitas Institute at the University of Texas at Austin.The Civitas Institute at the University of Texas at Austin Political Science Politics & Government World
Episodes
  • Can the President Fire Anyone? SCOTUS Hears Arguments in Trump v. Slaughter

    Can the President Fire Anyone? SCOTUS Hears Arguments in Trump v. Slaughter
    Dec 10 2025
    Richard Epstein does a deep into the Supreme Court’s latest showdown: Trump v. Slaughter, a case that could redefine presidential removal power and the future of independent agencies like the FTC. Epstein walks through the constitutional history — from the Founding to Humphrey’s Executor to modern administrative courts — and explains how the Court’s interpretation of Article II has evolved, splintered, and in some cases contradicted itself. The conversation covers everything from the steel-seizure precedent to the Federal Reserve, the structure of the administrative state, and the unresolved tension between originalism and the practical realities of modern governance. Epstein explains why this case could be one of the most consequential constitutional questions of our time.
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    35 mins
  • Trump’s War on Narco Boats

    Trump’s War on Narco Boats
    Dec 3 2025
    Richard Epstein examines the constitutional, statutory, and international-law implications of the Trump administration’s recent strikes on vessels in the Caribbean alleged to be transporting “narco-terrorists.” Epstein outlines the traditional separation of war powers, emphasizing the limits on unilateral executive action and the enduring constraints imposed by international norms governing the use of force, self-defense, and the treatment of noncombatants. Their discussion highlights key precedents in maritime and public international law, the challenges of applying long-standing legal doctrines to modern security threats, and the potential domestic and geopolitical consequences of executive overreach.
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    23 mins
  • Is Gerrymandering Unconstitutional?

    Is Gerrymandering Unconstitutional?
    Nov 24 2025
    Gerrymandering is back in the headlines — and this time, the political map wars in Texas and California are colliding with the courts, the Constitution, and the future of American democracy. Richard Epstein explains the history of gerrymandering, how modern technology turbocharges it, and why recent Supreme Court rulings have made the problem even harder to fix. From Texas judges tossing out new maps, to California’s counter-move, to the racial redistricting battles now reaching the Supreme Court — this conversation dives into the legal chaos, the political incentives, and the structural weaknesses that keep the cycle going.
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    20 mins
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