The Republican Professor

This is Part 11 in a series celebrating the 40th Anniversary of Harvard University Press' 1985 publication of Richard A. Epstein's "Takings: Private Property and the Power of Eminent Domain."

We continue our celebration of this anniversary with a fair use and transformative reading, taking a close look at ch. 6 continuing in the same section which Richard calls ""Takings Prima Facia," which makes the analogy between riparian rights and land rights. He titles chapter 6, "Possession and Use," because he's taking a look at the natural law of the natural coherent unity of the very nature of incidents of ownership (possession, use, disposition/abuse) and the American constitutional order, how these things interact and hang together, ensconced as it is in the purpose of the Constitution. That moral purpose is the protection of individual liberty against claims by a simple majority in a democracy, or judicial or executive fiat, or by the government in any other way in a taking of private property. It's also a good reflection on nature of property per se, whether public or private. For governments are owners as well as takers of property.

Today we discuss the entirety of his chapter 6 from pp. 63 to 73..

At the end, this episode concludes with a reading of Psalm 60 in the KJV and January 30th in Streams in the Desert (Cowman Publications, Lost Feliz Station Lost Angeles, Calif. 1925 original non-woke edition).

Excellent stuff here. Excellent.

Every college student should read this book. It's a superb introduction to the political philosophy of the American regime. Praise the Lord.

We'd like to thank Harvard University Press for making this material available and Richard Epstein for writing it.

Make sure you buy the book and follow along.

It's very important for you to have your own copy on your own bookshelf, and to begin to master this material. Support your local book dealer. See if they have a copy of it, or if they'd mind keeping an eye out for you.

I always encourage buying physical books, objects you can have, hold, cherish, learn from, display on your bookshelf as a topic of conversation, things you can pass on to the next generation with your notes in them, things that do not depend upon electricity.

Toward that end:

Go to Harvard University Press for more selections available for purchase. Please support the publisher and your local booksellers.

The Republican Professor is a pro-correctly-contemplating-property-rights podcast.

The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

Warmly,

Lucas J. Mather, Ph.D.

The Republican Professor Podcast
The Republican Professor Newsletter on Substack
https://therepublicanprofessor.substack.com/
https://www.therepublicanprofessor.com/podcast/
https://www.therepublicanprofessor.com/articles/
YouTube channel: https://www.youtube.com/@TheRepublicanProfessor
Facebook: https://www.facebook.com/TheRepublicanProfessor
Twitter: @RepublicanProf
Instagram: @the_republican_professor

Episode 4 in the series marking the 250th Anniversary of the USA in this second quarter 2026. It should have been episode 5 because we accidentally skipped a ten page section between pp. 23- 33 that should have been episode 4, but we will just have those two section out of chronological order and move on.

When the Founders signed their names onto the Declaration of Independence, they were committing a capital crime, and they were signing their own death warrants if they were caught.

They took themselves not to be looking for a fight, but rather, refusing any longer to duck the fight that in fact had come to them. And they sought to ground their cause, their reaction, to right reason in the natural law, consistent with Revelation and the Scriptures. They sought to articulate such an argument for their cause in such a way that would be rightly persuasive to any future reader and any of the nations which may inquire as to the source of their actions.

Of course, their cause was initially, in large measure, a reaction against Executive Power. But such a war require itself strong Executive Power. Therein lies the rub: how can Executive Power be strong yet consistent with the principles of Liberty ?

We're making a fair use, transformative reading and discussion of Charles C. Thach's doctoral dissertation at Johns Hopkins in 1922 called "The Creation of the Presidency, 1775-1789 made available by Liberty Fund INC in Indianapolis, Indiana in 2007. Go out and get your physical copy today. Follow along. We'd like to thank Liberty Fund for making this material available, and we'd like to thank Charles C. Thach for writing it.

We are discussing in this second episode of Thach's thought the first third of his second chapter, entitled "State Executive Experience 1776 to 1787," through the top of his page 40 starting, mistakenly actually, at the top of p. 33. We were supposed to start on the top of p. 23 and continue there from last time, but we didn't. I made a mistake. Don't worry, we will fill in the incredibly valuable discussion of the material in pp. 23 through p. 33 at the top.

This material was required reading in my Ph.D. program in Public Law and American Politics at The Claremont Colleges. It was used on the 6 hour comprehensive exams (6 hours each) and in a course called The Presidency and the Constitution taught by Joseph M. Bessette, who also served on my dissertation committee many years later.

The Republican Professor is a pro-correctly-understanding-the-American-Presidency, anti-grade-inflation-plantation podcast.

The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

This is part 8 in the series. (Part 7 was the episode on 24 March 2026). We're beginning our discussion of the chapter called "War." Chapter 4.

We discuss sub-chapters starting at the beginning of chapter 4, hitting the following: "The Vietnam War as an establishment undertaking" and "America's weak rear." We stop at the top of p. 74.

This is a continuation of a transformative reading and fair use of Chris Caldwell's "The Age of Entitlement: America Since the Sixties" published by Simon and Schuster in 2020.

We'd like to thank Chris Caldwell for writing it, Simon and Schuster for making it available, and encourage you to purchase your own physical copy of the book so that you can follow along. Please support brick and mortar book dealers, you local book dealers.

I'd like to thank my former political philosophy student Matt Stone (Phil M03: Social and Political Philosophy at Moorpark College, Spring 2008) for purchasing my copy of the book for me and supporting TRP podcast.

Let's foster a culture that values good authors and good books, physical books, and honors and rewards publishers for making those books available for us to read and to think about. Please support this author and this publisher.

Also, support your local brick and mortar book dealer, dealers in physical books.

This episode includes a Chaplain's corner at the beginning, in honor of the anniversary of the death of my grandfather at 102 years young last year, and at the end with a reading from Psalm 59 in the King James Version and Streams in the Desert 29 January (Cowman Publications, Lost Feliz Station Lost Angeles, Calif, 1925 original non-woke edition).

The Republican Professor is a pro-political-phenomeonology-done-right podcast.

The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

Diego Perez is a 26 year old pro-beach volleyball player. He also runs a non-profit gospel ministry in California called "Jesus Rules." He wears the shirt while he plays.

This was the first in-person interview on TRP podcast.

@diegonickperez 's website is https://jesusrules.co/

Send him some support.

Recorded by Diego at Dr. Lucas Mather's Common-sense Epistemology mentor Dr. Doug Geivett's backyard Friday 24 April 2026.

The Republican Professor is a pro-California-missions podcast.

The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

Episode 3 in the series marking the 250th Anniversary of the USA in this second quarter 2026.

When the Founders signed their names onto the Declaration of Independence, they were committing a capital crime, and they were signing their own death warrants if they were caught.

They took themselves not to be looking for a fight, but rather, refusing any longer to duck the fight that in fact had come to them. And they sought to ground their cause, their reaction, to right reason in the natural law, consistent with Revelation and the Scriptures. They sought to articulate such an argument for their cause in such a way that would be rightly persuasive to any future reader and any of the nations which may inquire as to the source of their actions.

Of course, their cause was initially, in large measure, a reaction against Executive Power. But such a war require itself strong Executive Power. Therein lies the rub: how can Executive Power be strong yet consistent with the principles of Liberty ?

We're making a fair use, transformative reading and discussion of Charles C. Thach's doctoral dissertation at Johns Hopkins in 1922 called "The Creation of the Presidency, 1775-1789 made available by Liberty Fund INC in Indianapolis, Indiana in 2007. Go out and get your physical copy today. Follow along. We'd like to thank Liberty Fund for making this material available, and we'd like to thank Charles C. Thach for writing it.

We are discussing in this second episode of Thach's thought the first third of his second chapter, entitled "State Executive Experience 1776 to 1787," through the top of his page 23.

This material was required reading in my Ph.D. program in Public Law and American Politics at The Claremont Colleges. It was used on the 6 hour comprehensive exams (6 hours each) and in a course called The Presidency and the Constitution taught by Joseph M. Bessette, who also served on my dissertation committee many years later.

The Republican Professor is a pro-correctly-understanding-the-American-Presidency, anti-grade-inflation-plantation podcast.

The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.