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... Source

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... Source

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. Source

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... Source

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... Source

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... Source

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”... Source