Executive Power and Constitutional Constraints Guest: Professor Richard Epstein Professor Richard Epstein analyzes an executive order creating a five-hundred-person National Guard rapid response force per state for civil disturbances. He argues this improperly expands presidential power, usurping Congress's Article I authority over the militia. Epstein views this as an authoritarian extension of unitary executive theory that violates constitutional federalism. He also notes that pursuing alleged narco-terrorists in Venezuela without a Congressional Authorization for the Use of Military Force is legally tenuous, as drug running constitutes a crime rather than an act of war, making military action constitutionally questionable.