True constitutional conservatives don’t ask, “Does the Constitution keep me from doing X?”.  Instead, they examine whether the Constitution explicitly lays out that X is permitted.

On a recent Uncommon Knowledge, constitutional scholars Richard Epstein and John Yoo have a feisty conversation with Peter Robinson on the likelihood of the Supreme Court striking down Obamacare, its political implications, and the general rule of law in our country.

They ask whether an individual mandate is constitutional – can the government force citizens to purchase health insurance?   In other words, can the government compel people into the marketplace?  If so, what’s the stopping point?  Pretty soon they’ll be telling us what we can eat, what car we have to buy and that we need to exercise a certain number of minutes per week.  Where is the individual liberty in that?

Yoo and Epstein discuss the potential fallout from the decision, whether Romneycare is constitutional, and whether the Federal Government has the right to coerce states using grant money.  Outside of health care, they speculate on the 2012 court, censorship and the FCC.

Check out the full episode, here:

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On today’s edition of Coffee and Markets, Brad Jackson and Ben Domenech are joined by John Yoo, former Department of Justice official under President George W. Bush to discuss how enhanced interrogation techniques lead to Osama bin Laden’s death, how Bush administration policies have helped the war on terror, and what missteps lie ahead for Obama.

We’re brought to you as always by BigGovernment and Stephen Clouse and Associates. If you’d like to email us, you can do so at coffee[at]newledger.com. We hope you enjoy the show.

Related Links:

Robert Gates on America’s Role in the World
Robert Gates: ‘If America Declines to Lead in the World, Others Will Not’
John Yoo: Tough interrogations worked
From Guantanamo to Abbottabad
Libya and the War Powers Abdication
John Yoo’s Book – Crisis and Command: A History of Executive Power from George Washington to George W. Bush
John Yoo at AEI

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What does the Constitution really say about the most controversial policy decisions of the present day?  What arguments against Obamacare have potential in court, and which are DOA?

Constitutional law experts Richard Epstein and John Yoo joined us  to discuss these very issues.  They examine the constitutionality of Obacamare through the lens of the “encroachment” argument (which has potential) and the “general welfare” argument, which they argue won’t work.

We also discuss CA’s Prop 8 and Judge Walker’s ruling that it violates the equal protection and due process laws in the Constitution. Yoo argues that the “right to gay marriage” is a new and invented right, and that while he is okay with gay marriage as a policy matter, a judicially imposed rule that overturns the majority of voters isn’t the way to get it done.  Instead, Judge Walker essentially says that the majority of Californians are bigots .

Epstein and Yoo provide predictions for Supreme Court decisions, reflect on Bush v. Gore (ten years later!), and discuss the Supreme Court under John Roberts.

Here is the full episode:

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This week we are joined by Minnesota governor Tim Pawlenty and Ricochet legal gurus John Yoo and Richard Epstein on Kagan. We also discuss the large, ever growing, Fed (hence the title), and what we must do to stop it.

We also cover discuss human behavior and parking lot of Target, the psychology of motorcades, and offer some predictions on taxes (guess!). All this and more, free of charge.

Here’s your patented Ricochet Podcast Rundown™:

00:00 – 29:13 Opening Chat
29:15 – 49:55 Tim Pawlenty
51:37 -  1:20:50  Richard Epstein and John Yoo
1:21:00 – End   Closing chat

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Afghanistan and McChrystal top the conversation this week as Rob Long and Peter Robinson are joined this week by columnist James Lileks, John Yoo, and Victor Davis Hanson. Well, not all the time. Peter does manange to wedge in some discussion of soccer too. Questions? Comments? Join the conversation at Ricochet.com or write us at podcast@ricochet.com.
Run Down:

5:04 — James Lileks
25:55 — John Yoo
30:15 — Victor Davis Hanson
1:07:15 — Close

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Rob and Peter fly Steyn-less this week. Nonetheless, sharp analysis of the Kagan nomination from Richard Epstein and John Yoo and a wide ranging conversation with Fred Thompson who discusses his new book, the state of the nation and the world at large, his aspirations for higher office, and his thoughts on the cancellation of a certain TV show. As always, join the conversation on our Facebook page or on Twitter (@ricochet) or write us at podcast@ricochet.com.

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Mark Steyn joins us late and Peter Robinson leaves early in this guest packed episode. Author Drew Klavan joins us for a fascinating discussion of being a conservative and working Hollywood and pop culture in general. Then John Dennis the Republican trying to unseat Nancy Pelosi, followed by Dr. George Savage who discusses some of the amazing technology advances he is helping to bring to the market. Finally, John Yoo gives us his expert insight into the machinations involved in catching and charging the Time Square bomber. Questions? Comments? Write us at podcast@ricochet.com or come join the discussion on our Facebook page.

“Midnight Blue”

It’s the debut of a new Ricochet Podcast feature: The Ricochet Smack Down. This week, John Yoo and Richard Epstein enter The Octogon to argue whether the names of the so-called “Al-Qaeda 7″ ought to be made public, the legality and morality of torture, and other associated issues (see NYT article here). It’s reality TV, Ricochet style. Questions? Comments? Write us at podcast@ricochet.com. (more…)

Rob Long and Mark Steyn are joined by guests law professor John C. Yoo and Breitbart.com’s Andrew Breitbart. Topics covered include Miranda rights for terrorists, a report from the Tea Party convention, the joyless MSM, Al-Qaeda’s potential new bomb making strategy that may be particularly problematic for certain parts of Los Angeles, and some unconventional Super Bowl picks.

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