As Congress convened during the first week of January, Peter Robinson sat down with Professors Richard Epstein and John Yoo to discuss current issues in constitutional law. Professor Epstein teaches at the New York University School of Law and the University of Chicago Law School; Professor Yoo teaches at the University of California, Berkeley, Boalt Hall School of Law.
Professor Epstein is the author of many important books including Simple Rules for a Complex World, to which reference is made in the course of the discussion, and the influential Takings: Private Property and the Power of Eminent Domain. Professor Epstein’s timely column “Classical liberalism: The best antidote to incivility” has just been published in the new Hoover Institution journal Defining Ideas.
Professor Yoo is the author, most recently, of Crisis and Command: A History of Executive Power from George Washington to George W. Bush. Professor Yoo created a crisis in the command of Jon Stewart’s reputation as the result of his appearance promoting the book last year on Stewart’s show. Stewart sounded like a particularly slow student of Yoo’s.
The discussion covers the constitutional litigation over Obamacare and gay marriage, the Supreme Court’s decision in Bush v. Gore, and the approach of the Roberts Court to constitutional adjudication. Long story short: the law will be what Justice Kennedy says it should be. It could be worse, but it’s still a sorry situation that we are in. Through our arrangement with the Hoover Institution, we are pleased to present this highly entertaining installment of Uncommon Knowledge in its entirety. Please check it out.
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“Arise and take our stand for freedom as in the olden time.” Winston Churchill
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