The Three Whisky Happy Hour: Non-Jejune Edition
Nothing “jejune” about this edition, except perhaps for the first-ever use of “jejune” in a podcast, but it is the perfect term to describe Joe Biden’s “farewell address,” which, aside from its jejune content, is a most welcome sound, since he will be gone in about another 48 hours, never to be heard from again one hopes.
This week we take up three topics—one from each of the bartenders: Behold, President Biden amended the Constitution on Friday—all by himself! Aside from the obvious absurdity and low comedy of it, what does it tell us about the state of leftist presumption? Special counsel Jack Smith released his magnum opus, which seems more of a parvum opus if not an opusculum (ask your nearest Latin geek), Finally, Biden’s farewell address—and presidential farewell addresses in general—was our third topic (summary: it was absolutely Biden’s opusculum).
Once again we have custom proprietary exit bumper music from our pal Steve Tootle and his indie band Cosigner.
The Three Whiskey Happy Hour
The Three Whisky Happy Hour: Getting Right with Free Speech
The 3WHH bartenders raise their glasses high for the first 100 hours of Trump II.

The Three Whisky Happy Hour: From Emigrating to Immigrating
What about birthright citizenship? The hosts answer in this episode of 3 Whisky Happy Hour.

The Three Whisky Happy Hour: Special Happy New Year’s Edition
Discrimination and the 14th Amendment, predictions of 2025, and more.

The Three Whisky Happy Hour: Band Reunion Time
John Yoo is back this week, bringing the 3WHH up to full strength again after last week’s astonishingly congenial episode, which can mean only one thing—not even high tariffs, which this week’s host (Steve) vainly tried to impose on ths discussion—could stop a vigorous free trade in ideas.

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.

State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.

Supreme Court tariff ruling should end complaints that justices favor Trump
John Yoo writes on the Supreme Court’s decision on President Trump’s tariff case.

The Temptation of the Inferior “Imperial Judiciary”
This status quo is not sustainable. Either the President will retain his role as the chief of the executive branch, or he will not. Either the Supreme Court will retain its position as the Supreme Court, or it will not.

Major Questions Doctrine and Its Bipartisan History
Administrative law is important because it provides the framework for so many significant fights about policy. Unfortunately, it is also often misunderstood.


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