Emergency Executive Order Edition
President Trump’s executive orders Thursday afternoon attempting to re-ground his opposition to birthright citizenship prompted an emergency livestream with Lucretia and me on Substack. We wanted to get ahead of the certain hysteria of the blue-faced crazies on BlueSky (and the media, but I repeat myself) that Trump is “undermining the Constitution” and “defying the Supreme Court.”
To the contrary, Trump is defending the Constitution from the mistaken assumption that the judiciary—and only the judiciary—has the last word on these matters. We break down the main issues in this 30-minute, ad-free mini-episode.
The Three Whiskey Happy Hour
The Three Whisky Happy Hour: Hot Apple Pie Surveillance Edition
Steve joins the podcast from somewhere in the middle of the storm-tossed north Pacific Ocean, while John and Lucretia hold down the fort from various locales back on dry land.
The Three Whisky Happy Hour: Grading the Supreme Court Term
The hosts address SCOTUS' most controversial and consequential cases from this term.
Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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An Unsurprising Term from an Unsurprising Court
The Supreme Court decided almost every case as observers predicted.
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Farewell to the President’s New East Wing
Both Congress and the President have acted in violation of the public trust doctrine.
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