3 Whisky Happy Hour

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... Sour...

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......

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....

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......

Can it really be possible that this is the 400th episode of this ramshackle podcast? With such a milestone, it seemed a good occasion to get the Fantastic Four who work the site every day together at once (never simple to do), and we decided to do a dry run with a special Zoom webinar for our VIP subscribers. Savor this rare occasion, as Steve, Scott Johnson, Joe Malchow and John Hinderaker... Sou...

Session 7 of our PLU short course on The Federalist met on Saturday this week, and took up Hamilton’s defense of the presidency from the anti-Federalist critics starting with Federalist 70, the paper where he discusses the famous phrase “energy in the executive.” Included in the usual inventory of Hamiltonian paeans to the executive is a look at his often overlooked views on the proper... Source

Lucretia hosts this week’s episode, though this does not let Steve and John off the hook for their Stockholm Syndrome symptoms in any way. The run-up to America’s most holy secular observance—the Super Bowl—found Steve having his own Bill & Ted-style excellent adventure with Gov. Ron DeSantis, Lucretia pondering Sy Hersh’s latest purported scoop on who blew up the Nordstream 2 pipeline... Sour...

John Yoo assumes the host chair for this week’s episode, and despite declaring this week to be a Ukraine-Free Zone, Lucretia still manages to get in a sequel to some of last week’s discussion threads. But the main event for the first third of this episode is reviewing the dreadful events in Memphis last week, though John has to go a stretch to reach the Dylanesque heights of “Memphis Blues Again”....

This week’s Power Line University seminar on The Federalist completes our discussion of the separation of powers in Federalists 47 – 51, and then takes an extended detour into the Progressive Era attack on the separation of powers and other basic principles embedded in The Federalist—and by extension, in the Constitution. There are few things more fun than beating up Woodrow Wilson... Source

Many of The Federalist Papers bear the title, “The Same Subject Continued,” and with a lot of news about the Ukrainian situation coming out this week, we decided to continue last week’s vigorous argument over Ukraine with some of the new facts, such as how much of our own munitions inventory is being drawn down to supply Ukraine (see chart below), the decision to send Abrams tanks... Source

We continue our leisurely stroll through The Federalist with an extended look at Federalist numbers 47 through 51, which explain the key concept of the separation of powers—a phrase that is nowhere found in the text of the Constitution, but which is clearly implied by the design and structure of the text. But Madison and Hamilton leave nothing to chance, citing “the celebrated Montesquieu” as a......

This classic format episode features a conversation with Dan Lowenstein, professor emeritus at UCLA Law School and, more importantly, the impresario of UCLA’s Center for the Liberal Arts and Free Institutions ( CLAFI), which he founded, along with one of our favorites at Power Line, Jean Yarbrough of Bowdoin College. Prof. Yarbrough was in town for three days to deliver a fabulous lecture... Sourc...

This week’s raucous episode, recorded well after conventional happy hour ends, ranged from Biden’s dementia to the failed Dobbs leak investigation, to Kevin McCarthy’s (relatively) good week, the post hockey ergo propter hockey fallacy, bidding good riddance to one of the premier COVID cultists, a defense of cat-calling (even when it’s done to our Lucretia), and then . . . a big fat argument about...

This week’s class resumes our leisurely stroll through The Federalist starting with Federalists #33 and #37, and the “partly federal, partly national” character of the Union under the proposed Constitution—a subject that remains as confusing and contentious today as it was then. Lucretia walks us through how the issue began to settle out starting with the landmark 1819 case of McCulloch v. Source

John Yoo is away this week, so Hillsdale historian Richard Samuelson joins the Three Whisky Happy Hour for an extended discussion of the passing of Paul Johnson, and especially why he deserves to be considered one of the premier historians of all time. But first we rummage around in Joe’s garage (Joe Biden that is), where the lyrics to Frank Zappa’s tune by that name seem appropriate: This is the....

Yesterday’s third class session of Power Line University went through Federalist 11 through 23, drawing out in particular some of Hamilton’s reflections on taxation that remain relevant to some of our tax debates today (especially Lizzie Warren’s proposed wealth tax), and also Hamilton’s very spirited attack on European politics (and colonialism!) that none of today’s ridiculous “de-colonizers”......

Only the 3WHH bartenders could possibly draw the connecting thread between the subjects of the passing of Pope Benedict XVI, the drama over the next Speaker of the House, and Thomas Hobbes. But with the help of a little fine whisky, we’re up to the job! Steve and Lucretia give the Protestant John Yoo a tutorial (the first of two this episode) on why Benedict may have been the most serious... Sourc...

Yesterday we held our second class session of Power Line University, this time taking up the famous Federalist #10, drawing out key points of James Madison’s views on how an “extended republic”—long thought impossible—was a solution for the perpetual defects and eventual failures of republican governments. His views on equality and property come in for special attention. For those who may wish to....

The response to COVID is arguably the single greatest public policy mistake in American history, which in turn became a global catastrophe since so many other nations followed the United States with foolish lockdowns, school closures, and other authoritarian measures that were ineffective and heedless of adverse tradeoffs. Dr. Scott Atlas of Stanford’s Hoover Institution has been vilified for his....

John Yoo serves as lead bartender for this gala new year’s eve edition of the Three Whisky Happy Hour, though he was nearly deposed for arriving late and then taunting us with pics of his Korean new year’s feast (see nearby). To ring out 2022 and look ahead to 2023, we cover some new whisky choices (which in John’s case included some very old port by special exemption discovered in the emanations....

“Human rights do not exist,” claims an anonymous dissident conservative writer, but when he (at least we’re going to identify the author as a “he”—heh) added some animadversions about our pal Michael Anton, the fight was on! Anton has responded at length to this provocation with a true tour de force over at American Greatness, entitled “Natural Right and the Traditional Reproach. Source

Lucretia and I held the first “classroom” for PLU (Power Line University) yesterday, with 110 people ultimately tuning in live for our first formal session on The Federalist Papers. We had a couple of technical difficulties—for some reason we kept failing to get the Chat window working right—and we had some hiccups admitting some live questions and comments from viewers, but we hope to have these....

Who knew that John Yoo is a total science fiction geek?! I’m going to have to go back and scour his law review article footnotes to see if I can detect esoteric references to Sci-Fi classics, which, it turns out, he has thoroughly familiarity. Ken Green channeling Jayne Cobb. Some time last year I did a podcast on science fiction with my old AEI writing partner Ken Green (who turned up with this.....