3 Whisky Happy Hour

John and Steve are off galavanting in Florida, up to all kinds of mischief and boozy dinners, so this episode was recorded sans whisky but after a lot of fine wines. So this episode really could have been called “the three Bordeaux happy hour,” plus steak. We picked up where we left off last week, with some follow up thoughts on the defects of the criminal justice system especially when it comes... Source

Willmoore Kendall Willmoore Kendall was one of the great political scientists of the postwar era, and has been back on our minds lately for a number of reasons. As a heterodox champion of Joe McCarthy in the 1950s, a critic of the place of John Locke in American political thought, and a defender of majoritarian deliberation, his provocative ideas are making a comeback in the age of nationalist... Source

The unifying theme to this week’s episode (recorded before a live Zoom audience) is that Republicans had a pretty good week, except for Sen. Mitch McConnell, who preceded falling down a stairway (Lucretia swears she didn’t push him, but we’re waiting for the video footage!) by falling for the liberal line that releasing the January 6 video footage is somehow a threat to the republic—almost as big... Source

John Marini was one of the first conservative thinkers in 2016 to recognize that Donald Trump posed an existential threat to the administrative state, in a series of articles that are included in a recent collection we highly recommend, Unmasking the Administrative State: The Crisis of American Politics in the Twenty-First Century. In this second half of our conversation (take in the first part... Source

Our ninth and final seminar of our series on The Federalist concludes our discussion of judicial review, with a detour to the famous case of Marbury v. Madison in 1803 that supposedly settled the matter, though Lucretia draws some fine and original distinctions between what John Marshall did in Marbury and what the Supreme Court did afterwards. From there we consider Hamilton’s argument in... Source

You mean I can get these in triplicate now!?! This week the Three Whisky Happy Hour tackles not only the “major questions” doctrine at the Supreme Court, but the major question about McDonald’s new (but unadvertised) triple-cheeseburger, whether the Democrats’ decision to hold their first primary of 2024 in South Carolina is a major or minor question, who is the All-Time Worst/ Source

The “administrative state” is an obscure and ungainly phrase, but in recent years the term has burst out into general use, though it is often conflated with another term currently popular—the “deep state.” They are not the same thing, though they do overlap, and “deep state” does enjoy the advantage of being shorter and pithier. What is “the administrative state”? It is a mistake to confuse it... Source

The spectacle of Georgia’s grand jury forepermix is enough to induce a grand mal seizure, but we move on quickly from that spectacle to the specter of the Supreme Court pondering the Heisenberg Uncertainty Point of the Constitution: is the vice president, as first in line of succession, part of the executive branch, or, as president of the Senate, part of the legislative branch? The answer is Yes. Source

Settle down class, time for our next lesson. This week we take up how The Federalist explains Article III, the judiciary, and especially the nowadays familiar power of judicial review, which is nowhere specified in the text of the Constitution, and was in fact an issue of controversy and confusion at the time of the founding. So we start our investigation with Federalist #78... Source

John showing off his gourmet dinner. Getting together at the bar was a bit tricky this week since we’re all scattered to the wind and John Yoo thought it essential that he swing through a McDonald’s takeout window for the double-cheeseburger special with large fries, so he was late joining us. We were halfway through learning about the newest acronym in higher education—AANAPISI—when he finally... Source