Music welcome to Uncommon Knowledge. I'm Peter Robinson. Today, two of the nation's leading constitutional scholars discuss topics such as the president, the wall, the shutdown, the Mueller investigation, the Barr nomination, and the Supreme Court. It's a shame to have the two of you here and so little to talk about. Richard Epstein is a professor of law at New York University, a professor of law emeritus and a senior lecturer at the University of Chicago, and a fellow at the Hoover Institution. Richard regularly appears on every list of the most cited and influential legal scholars of the last half-century. John Yoo is a professor at the University of California at Berkeley School of Law. He served as deputy assistant US attorney general in the Office of Legal Counsel during the administration of President George W. Bush. Professor Yoo is here to point out that as brilliant as Richard Epstein is, he is sometimes mistaken. Richard, Richard, and John, thank you. Topic 1: The Wall and the Shutdown President Trump wants $5.7 billion to build a section of wall, fencing, or barrier on the border. This amount is about 1/8 of 1% of the federal budget. However, the Democrats in the House of Representatives, under Speaker Nancy Pelosi, say no. Hence, the government shutdown. President Trump keeps saying that if the shutdown lasts too long (and as we tape this, the shutdown has now become the longest in history), he has an undoubted right to declare a national emergency and use Pentagon funds to build the barrier without a congressional appropriation. Does such an undoubted right exist? Undoubtedly no. Really, he's clearly wrong. Not even close. John, I disagree, but that's because the notion of what constitutes a national emergency has been diluted over the years. We've had national emergencies over the great swine flu...
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