The Libertarian

Richard Epstein takes aim at NYC Mayor Zohran Mamdani’s push for rent control and higher inheritance taxes, arguing that both policies punish landlords, shrink housing supply, and ultimately drive wealth—and people—out of the state. From empty apartments and collapsing incentives to interstate tax competition and capital flight, Epstein lays out a stark warning: policies that sound compassionate in the short run can devastate cities over time. A sharp, unsparing look at markets, incentives, and the high cost of getting them wrong.

Richard Epstein defends the U.S. strike on Iran as a necessary act of preemptive self-defense, arguing that waiting for an “imminent” attack would have been reckless in the face of a hostile regime pursuing nuclear capability. He also dives into the War Powers Act, executive authority, regime change, and what “victory” would actually mean—while weighing the risks of escalation against the dangers of hesitation. Is this decisive statecraft or constitutional overreach? Epstein makes the Libertarian hawk case.

Richard Epstein unpacks what the equal time rule actually is, where it came from, and why it still applies to broadcast television decades after the demise of the Fairness Doctrine. He also explores the original justification for FCC regulation based on spectrum scarcity, the uneasy relationship between free speech and campaign finance law, and whether the logic behind these rules makes any sense in a world of YouTube, podcasts, and limitless media platforms

Can social media companies be held legally responsible for the harms caused by their users? Richard Epstein examines the surge of lawsuits targeting social media platforms, particularly claims tied to speech, adolescent harm, and platform design. Epstein explains why traditional tort law places responsibility on the individual wrongdoer rather than intermediaries, how Section 230 is meant to shield platforms from derivative liability, and why efforts to carve out “bad faith” or promotion-based exceptions risk collapsing those protections altogether. He also explores the high costs and perverse incentives of jury-driven liability, the limits of causation in complex social harms, and a deeper conc...

President Trump’s recent embrace of economic proposals run sharply against free-market orthodoxy, exploring three headline-grabbing ideas: capping credit-card interest rates, banning institutional investors from buying single-family homes, and restricting dividends and stock buybacks by defense contractors. Why is a Republican president is advancing policies more commonly associated with progressive populism? Drawing on economic history, constitutional law, and real-world market behavior, Epstein argues that price controls, capital restrictions, and politicized contracting consistently backfire, harming consumers, workers, and innovation alike. The conversation situates Trump’s proposals within a broader populist strategy, assesses the political incentives behind them, and warns that ignoring basi...

Who actually decides when the United States goes to war—Congress or the president? Richard Epstein traces the Constitution’s original division of war powers from 1789 to the present and explain how practice, politics, and modern warfare have steadily shifted authority toward the presidency. Along the way, they explore declarations of war that never happen, authorizations that never expire, emergency actions that become routine, and why Congress so often prefers not to decide at all. Professor Epstein argues that America now operates under two constitutions—the one we wrote and the one we live with.

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...

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.

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.

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 abdicati...

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 me...

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?