The Big Beautiful Originalism Debate

Law Talk With Epstein, Yoo & Cooke

The Civitas Institute at the University of Texas at Austin

Politics, News, History, Government

4.8 • 704 Ratings

🗓️ 20 November 2025

⏱️ 62 minutes

🔗️ Recording | iTunes | RSS

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Summary

The long-awaited originalism debate is here! Charles C.W. Cooke, Richard Epstein, and John Yoo argue the meaning and limits of originalism, how constitutional text should be interpreted, whether long-standing practices can override original meaning, and where modern doctrines—from Article I courts to immigration policy—fit within the founding framework. It's a spirited, clear, and tightly argued conversation about how the Constitution should function today.

Transcript

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0:00.0	What's your prediction for the fight then?
0:02.0	Prediction?
0:03.0	Yes, prediction.
0:04.0	Pain.
0:05.0	Welcome to Law Talk.
0:16.0	This is a production of the Civitas Institute at the University of Texas at Austin. I am Charles C.W. Cook,
0:25.6	and I am here, of course, with Richard Epstein and John U. And today, yep, it's here.
0:33.8	The Long Vaunted. originalism debate.
0:39.7	I know we've been putting it off week after week.
0:41.9	We've said next time, next time, next time, and things have intruded.
0:45.0	Cases have gotten our way, but no longer we are now going to dig into it.
0:49.9	So if in the future we digress and say, well, of course, that is part of the originalism debate.
0:57.0	Instead of promising it, we can point you back to it.
1:01.0	I'm going to start off here with John Yoo, who's going to introduce his argument in favor of the originalist methodology.
1:11.7	And then we will go to Richard.
1:14.6	And then, well, all hell will break loose.
1:17.2	John?
1:19.2	Charlie, this has been a long time coming.
1:22.9	It's like been Rocky 3.
1:24.7	Not Rocky 1.
1:26.1	Rocky 3.
1:27.4	And Richard's in the position of Sylvester Stallone
	...

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