The Three Whisky Happy Hour: The Hiatus Is Over!
The hiatus for the rebooted 3WHH is over! We got the band back together, and to further paraphrase the political philosophy of the Ellwood brothers: It’s 70 minutes to the end of this podcast, we’ve got a full glass of whisky, half a pack of cigarettes, it’s dark, and we’re wearing sunglasses. Just like Anthony Fauci in his glam cover shot for In Style magazine back in 2021.
Most of our changes are cosmetic, and it’s still a work-in-progress. Still, the two main new features on display this week are a short “cameo” appearance from a slate of contributors we’re signing up, and responding to the best reader/listener question. This week’s cameo is from Alex Priou of the University of Austin, who has some definite opinions about The Odyssey.
Two main topics are on our mind this week: the mendacious Dr. Fauci, and what pathways for legal redress might still be open despite President Biden’s pardon. Second, we spend some time discussing the “republican guarantee clause” of Article IV of the Constitution, which is usually overlooked and thought to be non-justiciable—if not in fact a nullity, similar to the 9th Amendment. We take up this question because of Glenn Reynolds’ mischievous suggestion on his Substack that President Trump might be able to invoke the clause to justify sending federal authorities into states with high potential for vote fraud. The key passage from Glenn’s article:
“So if President Trump announces that we have uncovered massive electoral fraud — as he almost certainly will — and that he is dispatching huge numbers of federal election watchers to oversee voting and counting in areas where fraud has occurred, he would be acting directly under a power that the Constitution has vested in him. For a state to have a “republican form of government,” it must have meaningful elections, and elections that are rigged are not meaningful. Stopping them from being rigged would be protecting a republican form of government. Congress has passed other election laws, mostly for reasons of combating race discrimination, but those aren’t strictly applicable to these circumstances. . .”
Could make for some fun times!
The Three Whiskey Happy Hour
The Three Whisky Happy Hour: The Best (Podcast) Regime?
Is America in fact the “best regime” in the classical, Platonic/Aristotelian meaning of the term?

The Three Whisky Happy Hour: Battle Zones in Iran, Venezuela, and . . . Minnesota?
An overview of events in Iran, Venezuela, and Minnesota.

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.

The Fifth Circuit’s Chance to Expose the Inflation Reduction Act’s Unconstitutionality
Despite the mounting evidence of harm, the Medicare Drug Price Negotiation Program remains law — and the Justice Department continues to defend it in federal court.


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