Power Line

The only truly functioning high-speed rail in America today is the Trump Train, and not even the prospect of a 200% tariff on the core commodity of this podcast—single malt scotch whiskies—can dampen the 180-proof spirits of Lucretia, host of this week's episode.But we still manage to get in some disagreements about how to understand what is going on, especially with the Ukraine War endgame. In fact, we got John Yoo to out himself as the OGNC ("original gangsta neo-con") on the question of whether American foreign policy has been overly dominated by Wilsonian internationalism for the last century, or whether it has been more realist. John was responding to my two Substack articles (here and here) on different aspects how idealism and realism play out in the Ukraine matter, disliking both. Lucretia responded with a great harumph.There was much less harumphing and more huzzahing for the humiliation and confusion of the Democrats this week, culminating in the Dem surrender over the budget continuing resolution. About the confusion of federal judges (this is putting the matter charitably) trying to block some of Trump's moves, John sees hope for optimism that these roadblocks will be overcome, while debunking the claim that Trump is causing a "constitutional crisis." (Link coming when his latest article goes live.) Steve merely longs for the good old days of Watergate.

The whole gang is finally back together behind the bar this week, with John Yoo in the host chair skillfully leading our unruly gang in a round-robin three-subject format that we're alternating this year.Steve leads off wondering if Gavin Newsom, and Senate Democrats, are at last having their "Sister Souljah" moment about the transgender millstone around their neck, though Steve points out that Democrats will have great difficulty pulling this off, and lays down two additional markers to judge whether Democrats will really make a serious move to the center. The underlying thesis is that the success of a political realignment is not merely changing your own party and assembling a new majority coalition, as Trump has largely accomplished, but the extent to which it compels the opposition party to change some of its core positions, as Democrats had to do after three landslide losses to Reagan and Bush in the 1980s, and the Labour Party had to do after Thatcher kept crushing them in England at the same time.Lucretia then flags for us James Piereson's New Criterion article out Friday, "Too Many Democrats," and discuss whether faithfulness to the original intent of the Pendleton Act that set up a supposedly "neutral" civil service requires mass firings of Democrats in the bureaucracy, as well as voters waking up to the destructive incompetence of Democrat-run cities. And this leads to John's closing segment, drawing on his Fox News article up this morning, "Supreme Court's USAID move has a surprise benefit for Trump," in which ahe argues the Supreme Court's ruling mid-week on disbursement of AID funds was not the defeat people first thought. And we also debate just how to think about Justice Amy Coney Barrett's concurrence in this decision, about which our gang is divided.

Why let our frenemies at the Commentary podcast (frenemies since they dissed the sacred McRib recently) have all the fun with their emergency podcasts: after today's errant Supreme Court rulings, it was necessary for the 3WHH bartenders —well two of us at least—to jump to our mics to express our outrage, but also to celebrate briefly Trump's tour de force speech before Congress last night. And not to mention the second installment of our conversation with Richard Epstein, this time on his slim, commendable, and highly readable short book, How Progressives Rewrote the Constitution.So sit back and enjoy your midweek dram of neat single malt with us.

John Yoo is away this week, so the 3WHH has brought in a 180-proof guest in John's place—the great Richard Epstein, who speaks at an average rate of 125 words a minute, with occasional gusts of 200 words per minute. We discuss two of his many extraordinary books, the first being his 1992 title Forbidden Grounds: The Case Against Employment Discrimination Laws, which is newly salient in the aftermath of recent Supreme Court decisions like the Harvard/UNC case. Is it time to repeal (or substantially amend) the Civil Rights Act of 1964?In part two of our conversation, which we will release midweek, we take up his shorter book How Progressives Rewrote the Constitution (only 137 pages, which is Richard writes before breakfast most days). While Lucretia and I concentrate on large philosophical currents that drove the progressive counter-revolution against the American Founding, Richard lays out some of the specific step-by-step erosions of the rule of law that are central to the saga.But as Lucretia and I began our taping mid-day Friday we caught the news that the newest front in the Ukraine-Russia War had suddenly broken out in . . . the Oval Office, so we share a few preliminary thoughts on what it all means.

Our long-running intramural argument on this podcast over the Ukraine War has become just like the Ukraine War itself—lots of casualties on both sides, but very little movement from week to week. But is Trump actually on the cusp of a breakout? There's one thing Trump did this week that is surely causing Putin to wipe the smile off his face, and no one seems to have figured it out. It's all part of Trump's Great Reset. There is more unanimity amongst the 3WHH bartenders about Gaza, and once again Trump's seemingly outrageous or whimsical ideas of making Gaza into Atlantic City doesn't just move the Overton Window in the Middle East—it remodels the whole structure. Forget the two-state solution.Finally, we have a moment of silence for the passing of the inventor of the McRib and chicken nuggets. John Yoo is going into 40 days of mourning.

With Lucretia hosting both the episode and the bar this week (with three different whiskies just for herself), we manage to keep John Yoo from excessive gloating about the Eagles win in the Super Bowl by distracting him with his favorite subject—executive power, about which he seldom thinks there can be excessive use. But maybe we found some limits this time?The intensifying pace of President Trump's exertions of executive power look to be the most serious attempt to contain spending, reorganize the executive branch, and discipline Congress since Nixon in 1973, and we know how that ended. We also give three cheers and host a glass in celebration of Vice President Vance's throwdown at the Munich Security Conference. And it will probably come as no surprise that we even talk about the Constitution, and manage the rare feat of discussing the EOA without mentioning a Certain Statute that we are not allowed to mention in John's presence.

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.

This wide-ranging, round-robin format episode begins with celebrating the end of "Dry January" (which we, um, didn't much observe), mockery of Bernie Sanders' obsession with "onesies," a brief account of a Steve roadtrip to Villanova University, and a declaration of war against the Commentary podcast. (It's serious: it involves McRibs.) After we clear away this opening frivolity, we get down to serious business. Lucretia is in high dudgeon about the Catholic bishops behaving just the way they did in the 1980s—like lapdogs for the left—which generated reflections on theology, federal grant restrictions, J.D. Vance's dialectical skill, and some reasons for optimism for the future of both the Catholic Church and the world as a whole.John casts his spotlight on what we saw in the contentious confirmation hearings for Kash Patel, RFK, Jr, and Tulsi Gabbard. There was rare agreement and sharp disagreement (our usual mode) about aspects of these appointments. Exit bumper music from our pal, the historian Steve Tootle, who doubles as the singer/songwriter for Cosigner; "No Hour Is Mine" sounds a bit like what professors think after class.

The 3WHH bartenders raise their glasses high for the first 100 hours of Trump II, which bid to replace FDR's famous "Hundred Days" for breathtaking executive action. You'd think that this is Trump's first term, and metaphysically, Steve argues, it is. In just the way we've come to expect of Trump in all things, he may have turned the usual presidential cycle on its head. Even John, champion of executive power, is impressed. And one more miracle: he actually gets rare praise from Lucretia for his Newsweek article concluding than Biden's pardons were much worse than Trump's blanket pardons or all the J6 protesters. From there we get to the main event, a three-part discussion of a single issue—in this case free speech and how to understand the First Amendment correctly. Steve argues back to first principles, in which the freedom of conscience and thus free expression was grounded in reason, that is, free speech was essential to deliberation about right and wrong, and how we should be governed. By nearly imperceptible degrees, in the 20th century the protection of "free expression" was re-grounded in moral skepticism (if not nihilism), which is why nude dancing and F-bombs on t-shirts became "protected speech." This is not progress.From there we move on to wondering if the time has come to revisit the libel standard of New York Times v. Sullivan, which has enabled our mainstream media to behave with increasing recklessness. And we think: Yes! Yes it is.And along the way, some digressions into Animal House, Spongebob Squarepants, and other cultural totems. And we depart briefly from our new proprietary bumper music from Cosigner to use a very topical old tune (from lefties!), "Immigration Man." 

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.