The Three Whisky Happy Hour: Trump’s Five Big Fights
We’re only 19 days into Trump’s term, but it seems like 19 months have passed already since January 20. When Alexander Hamilton wrote of “energy in the executive,” he had no idea that a real estate tycoon would become the greatest example of this understanding of the presidency.
This week’s episode reviews five of Trump’s biggest fights that are interrelated in ways that could rebalance out constitutional order in ways conservatives have hoped beyond hope for decades might be possible. Trump’s challenge to birthright citizenship is forcing a long overdue debate on the issue along with a challenge to district judges issuing nationwide injunctions; his freezing of spending revives the issue of presidential power to impound funds Congress has appropriated; and his firing of civil servants and termed appointees to federal boards and commissions will force a reconsideration of the old Humphrey’s Executor case that a wide spectrum of scholar believe was wrongly decided.
Along the way we get in some pop culture references to Star Trek and The Sporanos; the required defense of the McRib from all comers, and some additional closing observations on the “vibe shift” Trump has set in motion on DEI and related culture war issues.
The Three Whiskey Happy Hour
The Three Whisky Happy Hour: Can You Tariff a Vibe Shift?
Steve Hayward argues that the Supreme Court’s tariff case Friday was a no-lose case for conservatives.
The Three Whisky Happy Hour: Newsom, Clinton, Tigers and Bears Oh My!
John wonders whether the Clinton deposition about Epstein is really sensible, Steve wonders how Gaffen-Gavin Newsom can possible survive this week’s “George Romney Moment," and Lucretia wonders why universities have allowed themselves to be swallowed whole by useless administrators.
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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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.
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Justice Harlan and President Trump Are Right About Birth Tourism
The Supreme Court should follow Justice Harlan’s lead: Children of illegal aliens are citizens at birth, but children born to pregnant women on temporary tourist visas are not.
Courting Tyranny
Politicians who care about preserving American freedom and greatness for another 250 years should speak and write in ways that strengthen Americans’ confidence in the judiciary.
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