The Supreme Court has the final authority on all matters of law under the U.S. Constitution. But what legal philosophy should the Supreme Court use to reach its decisions? Should the Court merely hand down rules based on the text of a fixed, or "dead," Constitution? Or should the Court apply standards that are based on interpretations of a "living" Constitution that evolves as our society changes? These fundamentally different approaches to constitutional law have created a rift with the current Supreme Court. How serious is this rift? Who's right? And to what extent are these competing arguments merely covers for ideological positions?
Audio recording of “Out for a Constitutional” (26:48)
In this Uncommon Knowledge interview from November 24, 2008, Thiel argues that a book published in France in 1968, Le Defi Americain (The American Challenge), has a lot to say to us in 2008, including why the United States has failed to rise to the heights predicted by its author, J. J. Servan-Schreiber. In explaining what’s wrong with the US economy, Thiel points out that, although we have benefited from growth that is both extensive (e.g., free trade) and intensive (e.g., technology), we have not featured enough of each. He asserts that the credit crisis of 2008 had nothing to do with the failings of the free market but rather is a by-product of government entanglement, nurtured by the motors of economic growth, working less well than expected. (38:56)
What happens when South Korean students take a close look at American democracy. By Peter Berkowitz.
What sustains the conservative agenda? What makes it distinctive and coherent? In a word, principle. By Peter Berkowitz.
France may have a case for banning the burqa. By Peter Berkowitz.
Civics education must not be indoctrination, but it also must not be overlooked. By Peter Berkowitz.
Senator Rand Paul on libertarianism and the GOP; the Senate; and the Constitution. An interview with PETER ROBINSON.
Rosa Parks sparked a great movement. Jeff Bliss on the “power of one.”
Peter Berkowitz on God and Gold: Britain, America, and the Making of the Modern World by Walter Russell Mead
Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, discusses the congressional proposals for immigration reform.
Richard Epstein the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, examines the economic benefits of federalism and proscribes solutions for states that are currently placing themselves at a competitive disadvantage.
Hoover Institution research fellow Peter Schweizer has a potential blockbuster of a new book hitting the shelves Oct. 6 entitled "Architects of Ruin: How Big Government liberals wrecked the global economy and how they will do it again if no one stops them."...
Peter Leeson of George Mason University and author of The Invisible Hook talks with EconTalk host Russ Roberts about the economics of 18th century pirates and what we can learn from their behavior...
Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution and a member of the Property Rights, Freedom, and Prosperity Task Force, speaks to the constitutionality of the individual mandate provision of the Affordable Care Act.
Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, examines the controversy over Apple's tax payments and what it says about corporate taxes in America.
Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, discusses the findings of a task force he participated in dedicated to determining whether the United States committed acts of torture in the aftermath of 9/11.
Hoover fellow Epstein discusses the Libertarian Chronicles, the IRS, and Obamacare on the John Batchelor Show
Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution and a member of its Property Rights, Freedom, and Prosperity Task Force, weighs in on the IRS scandal and the unraveling of Obamacare.