2: The Perpetual Conflict Over Executive Power and the Rise of Lawfare GUEST NAME: Professor Richard Epstein Professor Richard Epstein analyzes the perpetual clash between executive and congressional power, particularly regarding the Congressional Budget an
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John Batchelor
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🗓️ 11 October 2025
⏱️ 15 minutes
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Summary
The Perpetual Conflict Over Executive Power and the Rise of Lawfare
Professor Richard Epstein analyzes the perpetual clash between executive and congressional power, particularly regarding the Congressional Budget and Impoundment Control Act of 1974. He notes the Roberts court generally protects executive power. The dispute over fund impoundment, seen in Department of State et al. versus AIDS Vaccine Advocacy Coalition, reflects deep polarization, hindering compromise. Epstein criticizes the use of lawfare, exemplified by the indictments of Letitia James and James Comey, stating it fails long-term and leads to cycles of violence and discord.
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| 0:00.0 | This is CBSI in the world. I'm John Batchel. I welcome Professor Richard Epstein of the Civitas Institute at the University of Texas in Austin, also teaching law at NYU in the University of Chicago. |
| 0:18.8 | The Congressional Budget and Impoundment Control Act of 1974, a United States federal law |
| 0:25.7 | that governs the role of Congress in the United States budget process. |
| 0:30.8 | Richard, a very good evening to you. |
| 0:32.3 | As I understand that the impoundment Control Act of 1974 is Congress's answer at the time to Richard Nixon and the Vietnam War |
| 0:42.2 | to be able to say what the President can and cannot do in terms of the money allocated by Congress |
| 0:48.5 | disposing the budget to the President. |
| 0:51.7 | One way to control the President is that he can't go to war because he |
| 0:55.0 | can't afford it. Another way to control the president is to say that he can't withhold funds |
| 1:00.2 | that have been allocated. So we come up up to date. This is September 26, 2025. Department |
| 1:07.5 | of State at Al versus AIDS vaccine advocacy coalition decided before the Supreme Court of the United States. |
| 1:15.5 | The United States District Court for the District of Columbia entered a preliminary injunction directing the executive to obligate roughly 10.5 million of appropriated aid funding set to expire September 30th. |
| 1:28.5 | Of the $10.5 billion, $4 billion was proposed to be rescinded in a special message transmitted |
| 1:33.8 | pursuant to the Compoundment Control Act. |
| 1:37.6 | I'll stop there. |
| 1:39.1 | It would appear that from 1974 to 2025, there's been very little movement in this contest between what the president's |
| 1:47.9 | power is of money and what the Congress's power is of money. Is this to be resolved or the |
| 1:54.0 | natural consequence of checks and balances? Good evening to you, Professor. Yes. When I just |
| 2:00.1 | listened to what you said. |
| 2:01.6 | You said 1974. In 1973, we had the identical question with respect to the War Powers Act, |
| 2:08.9 | could in effect the Congress limit the way in which the President decided to conduct the war |
| 2:13.4 | when he had to initiate hostility? And that's still not been resolved. And on the funding side, |
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