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

Power Line University, Session 8: The Federalist & the Judiciary

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Listeners want to know from John: did Justice Clarence Thomas let us down with his ruling in this week's 7 - 2 decision upholding the unique funding structure of Elizabeth Warren's Consumer Finance Protection Bureau (CFPB), which she designed precisely to avoid congressional control as much as possible? John says no, and makes a persuasive three-part case for why Thomas's opinion is thoroughgoing originalism, and good history to boot. If we want to get rid of Warren's regulatory handiwork (AND WE DO!), it will be to be done directly by Congress, rather than indirectly by the courts.This week also marked the 70th anniversary of the Brown v. Board of Education decision, which we have deplored before on account of the poor reasoning for the halfway right result, but a our Article of the Week from our friend Shep Melnick of Boston College draws our attention to some ongoing ambiguities of Brown that still afflict our civil rights law. You'd think after 70 years we might have figured it out, but no—and worse, the ambiguity is likely on purpose, because it suits the shifting strategy and tactics of the identitarian left.Other topics covered briefly this week include the collapsing case against Trump in Manhattan, Trump's VP sweepstakes (you can scratch Kristi Noem from the list), the latest Sports Illustrated swimsuit edition and King Charles's ghastly portrait (hard to say which is worse here), Harrison Butker's cultural butt kick, and, finally, how to devise some tests to judge whether higher education is truly reversing its multi-decade slide into pernicious leftism.

The Three Whisky Happy Hour: Bad Lawyers and Worse Decisions?

This classic format episode features Steve in a one-on-one conversation with with Jeremy Carl, author of a dynamite (almost literally) new book entitled The Unprotected Class: How Anti-White Racism Is Tearing America Apart. Jeremy commits heresy in this book, offerng statistics that you aren't supposed to mention, and truths that, in an earlier age, might have got you burned at the stake. In publishing this book Jeremy joins the ranks of fellow brave souls such as Heather Mac Donald, Steve Sailer, Zach Goldberg, and a handful of others who do not shrink from challenging the enforced orthodoxy that approves of anti-white discrimination and scapegoating.It is, Jeremy rightly notes, a formula that if continued much longer will divide the nation so badly that we won't be able to live together. He thinks the old fashioned principle of basic human equality rightly understood, and old ethic of the "melting pot" that brought together different ethnicities into a common citizenship and shared national identity needs to be restored, and soon. He offers some suggestions, some difficult, some happily already starting to happen. One good sign: the book is getting a lot of attention. Maybe the ice is finally breaking.

Bonus Classic Episode: 'The Unprotected Class' with Jeremy Carl

John Yoo hosts this week's episode from exile in Austin, Texas, where he humors Steve and Lucretia's the extra-legal views on the Trump trials and tribulations in a Manhattan courtroom, and speculate how Trump's "Letter from the Rikers Island Jail" would read (though it will be more likely in the form of Tweets or TruthSocial posts). Have we discovered a trial judge who seems to have no judgment at all.Certainly we have a president without judgment, and we begin with pondering the question of just when it was that Bernie Sanders became president, because it is impossible to see how a Sanders administration would differ from everything the Biden administration has done. Steve notes a recent American Conservative article that picks up on parts of the Hur report on Biden. While everybody focused on the parts of the report that dealt with Biden's senility, other parts of the report show that Biden has actually had terrible judgment for his entire political career.Finally, we look at Steve's City-Journal article on the parallels between 1968 and today, and wonder how it is possible for so many of our "leaders" in high education to have so little good judgment or common sense about what ought to be done. (Lucretia recommends pepper-bullets, which sound like some kind of high-velocity jalapenos.)

The Three Whisky Happy Hour: Judges Without Judgment?

There was a lot of listener and reader interest in our too brief comments on the Anti-Semitism Awareness Act in our last episode, and we realized this issue deserved keeping the whisky bar open after the usual 2 am closing time to extend our treatment of the issue, yielding this short special episode.To recap: Lucretia thinks it is a stupid idea (hence, "Don't murder a man who is committing suicide"), while John thought it was also unsound on basic free speech principles. Steve was, naturally, in the middle, ending up as road kill for his analysis of why Republicans thought there were some political mischief to be made.So we decided to order another round of drinks (or, in Lucretia's case, four margaritas to honor Cinco de Mayo) and try to go through the issue more thoroughly, especially taking account of David Bernstein's observations at National Review Online that there's a lot of disinformation about what the bill does and doesn't do.We also wanted to take up the argument Harry Jaffa argued more than 60 years ago that a free society could, under certain circumstances, curtail the speech of Nazis, Communists, and . . . anti-Semites? . . . in defense of a free society. Jaffa argued:“Does a free society prove false to itself if it denies civil liberties to Communists, Nazis, or anyone else who would use these liberties, if he could, as a means of destroying the free society? The answer, I believe, is now plain that it does not. Is saying this I do not counsel, or even justify, any particular measure for dealing with persons of such description. What is right in any case depends on the facts of that case, and I am here dealing only with principles, not their application. However, those who think every denial of civil liberties is equally derogatory of the character of a free society, without reference to the character of the persons being denied, make this fundamental error: they confuse ends with means. . .  [But] it is seldom either expedient or wise to suppress advocacy of even inhuman doctrines in a community like ours, it is not for that reason unjust.”Does the current campus scene arise to this standard? What does prudence counsel? The normally quarrelsome threesome at the whisky bar arrive at surprising agreement on the matter. Hint: We rather like Jaffa’s conclusion to his classic essay: “The more we can accomplish by opinion, the less we will have to do by law.”

Bonus Episode, Three Whisky After Hours: What To Make of the Anti-Semitism Awareness Act

Lucretia hosts this week's episode, reminding us once again that Republicans are living up to their reputation as "the stupid party" with the proposed "Anti-Semitism Awareness Act" that seems to have overlooked this quaint old thing called the First Amendment. Steve gamely tries to defend the political strategy behind it, but Lucretia is having none of it (putting her in rare alignment with the New York Times), wondering why anyone would want to distract attention away from Democrats tieing themselves in electoral hangman's knots over the anti-Semitism raging wild inside their party and their wholly-owned subsidiary college campuses. Republicans ought to impose a gag order on themselves, and crusade against the gag order on Trump in his current trial in New York. Concerning which, John has several observations.And about that campus scene: another week, and another data point for Steve's thesis that "it's going to get worse before it gets worse." About the only sensible conclusion is that somewhere in the Great Beyond, Tom Wolfe is behind the whole current scene. Maybe we can still get a sequel from him, Bonfire of the Inanities.

Power Line University, Session 8: The Federalist & the Judiciary

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