Randy Barnett: How Legal Is Trump's Agenda?

How legal is Trump's governing agenda? Just asking questions.

Today's guest is Randy Barnett, a Georgetown constitutional law professor who has argued before the Supreme Court, was part of a legal team that challenged the constitutionality of Obamacare, is a contributor to The Volokh Conspiracy blog hosted at Reason, and is the author of several books, most recently the memoir A Life for Liberty: The Making of an American Originalist. In this week's episode, Barnett discusses the legality of the Department of Government Efficiency (DOGE), the various federal injunctions and restraining orders issued against the Trump administration, and whether libertarians should celebrate or be concerned about President Donald Truamp and Elon Musk's methods for slashing government. He also explains why he thinks Trump's executive order rescinding birthright citizenship for the children of unauthorized immigrants might triumph before the Supreme Court. 

Sources Referenced:

• 1. A Life for Liberty: The Making of an American Originalist
  2. Appointments Clause of the U.S. Constitution
  3. Judge Paul Engelmayer's temporary restraining order against DOGE
  4. Executive Order: Establishing And Implementing The President's "Department Of Government Efficiency"
  5. Vice President J.D. Vance on X: "If a judge tried to tell a general how to conduct a military operation, that would be illegal. If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that's also illegal."
  6. Trump on X: "He who saves his Country does not violate any Law."
  7. Barnett and Ilan Wurman: The New York Times| Trump Might Have a Case on Birthright Citizenship
  8. Just Asking Questions: John Cochrane: How Will DOGE 'Disrupt' the Government?
     

• Producer: John Osterhoudt

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