I can’t believe I left the car keys to the podcast sitting on the kitchen counter when I left for overseas, and now Lucretia and John Yoo have snatched them up and usurped the usufructs of the 3WHH. After they finally get clear of their ritualistic but obligatory abuse of me, they get down to important subjects, like Philly cheese steaks and other delectables, President Biden’s latest ailments and how the 25th Amendment would work if invoked, more reflections on the latest Supreme Court term (just drop it straight into my veins please!) the J-6 hearings, and other current topics.

If this coop proceeds I may just have to cut short my vacation and return early to restore order! Meanwhile, back to the pub for some more rare whiskies not available in the States.

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There are 19 comments.

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  1. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    Jeremy Bentham.

    https://www.google.com/search?q=jeremy+bentham+corpse&oq=jeremy+bentham+corpse

    • #1
  2. Rightfromthestart Coolidge
    Rightfromthestart
    @Rightfromthestart

    Coop? Haha

    • #2
  3. Richard Easton Coolidge
    Richard Easton
    @RichardEaston

     You should ask the SecDef how it helps readiness to require young soldiers, who are at low risk from COVID, to get the Clot Shot which gives them heart problems. And what kind of example does an obese leader set when obesity is a major risk factor for COVID.

    • #3
  4. RufusRJones Member
    RufusRJones
    @RufusRJones

    The current RO = 17. The omicron was 3. That’s how fast it spreads. And the damn vaccine didn’t do a damn thing for the other variance.

    The only collective interested anymore is people with bad comorbidities should get the shot. 

    Can’t recommend this enough if you’re interested in Covid policy.

     

     

     

    • #4
  5. Lucretia Member
    Lucretia
    @Lucretia

    Saint Augustine (View Comment):

    Jeremy Bentham.

    https://www.google.com/search?q=jeremy+bentham+corpse&oq=jeremy+bentham+corpse

    Of course you would know this!  Thanks!

    • #5
  6. Leslie Watkins Inactive
    Leslie Watkins
    @LeslieWatkins

    Thanks so much for the summer, not-reruns content! I’ve really missed the podcast! Love Steve—happy travels, Professor Hayward—but luckily, John also is a great fit for Lucretia. Looking forward to next week.

    I totally share Lucretia’s receding enthusiasm for Trump. I get a zillion emails from his campaign every day—5 received in the last 5 minutes—and not one says anything about those who’ve been held without bail for supporting his cause on January 6. The election broke him. I wish him well but think there are better alternatives waiting on the bench.

    • #6
  7. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    Lucretia (View Comment):

    Saint Augustine (View Comment):

    Jeremy Bentham.

    https://www.google.com/search?q=jeremy+bentham+corpse&oq=jeremy+bentham+corpse

    Of course you would know this! Thanks!

    By the way, I’m trying to edit a book on originalism in theology and in law. You think John Yoo or anyone he knows wants to write a paper on that? Or do they only do originalism in law?

    Yoo can certainly expect me to cite him at any rate.

    • #7
  8. RufusRJones Member
    RufusRJones
    @RufusRJones

    Trump is not intellectually curious about government, civics, or the Constitution. It wasn’t a big deal for most of his term. It’s not ideal for a GOP executive.

    • #8
  9. LibertyDefender Member
    LibertyDefender
    @LibertyDefender

    This is a spectacular discussion – especially so because it includes deep dives on a couple of my personal Constitutional pet peeves.

    Does conservative jurisprudence have a place for its Constitution, for unenumerated rights?

    The strain among some conservative legal thinkers is “the job is done when we have a purely positivist Constitution, with no unenumerated rights.  Anything that’s not strictly written in the text of the Constitution is up to the Legislature or to the President.”

    J. Yoo

      * * I paused the podcast at this point to transcribe my own thoughts:

    I think the presence of the 2d Amendment – poorly written as it is (e.g., what’s with all the commas?) – disputes this strain.  If you break down the wording of the 2d Amendment as the Court did in Heller (using the same rules of sentence structure that I was taught in middle school: subject, verb, object), the operative portion is “the right of the people to keep and bear arms shall not be infringed.”

    There is no reasonable interpretation whereby that enumerated right of the people is granted by the Constitution.  Rather, I would argue that its origin is the unenumerated right to self-defense.  Thus, unenumerated rights must be acknowledged and respected, if only to give full weight to the 2d Amendment’s enumerated right.

     * * @35:46, turns out I’m a blind pig who found an acorn:

    The hopeful sign is that [the conservative Justices] all agreed about the 2d Amendment case.  They all agreed on the idea that the right to have a gun – even though the 2d Amendment is not as clear as one would like it – and has to be built upon a broader conception of your natural right to defend yourself(!).  And if that pre-exists the 2d Amendment and that’s what makes the 2d Amendment have meaning, the conservatives all agreed on that.

    Id.

    • #9
  10. LibertyDefender Member
    LibertyDefender
    @LibertyDefender

    The Thing That Wouldn’t Die – the Constitutional horror show known as Substantive Due Process:

    Maybe there are other places that have been overlooked or ignored in the Constitution which are a better home for unenumerated rights. The Due Process Clause never made any sense, because it talks about process.  It says “sure, you could say ‘what’s life or what’s liberty?’” – and the state could take it away, if they do it fairly – which is not the kind of Substantive Due Process that [Lucretia] mentioned that the Warren Court came up with.”

    J. Yoo

    “The Due Process Clause never made any sense, because it talks about process” is such a simple and complete argument (that I’ve been repeating for decades) that I’m discouraged that “Substantive Due Process” survives to this day.  Evidently it’s like Marxism, or Keynesianism – no matter how many times it’s disproven, it keeps coming back.  But combined with the fact that Substantive Due Process has its origins in the Dred Scott decision, perhaps we can tee up the 1619 Projectors to cancel Substantive Due Process permanently.

    • #10
  11. LibertyDefender Member
    LibertyDefender
    @LibertyDefender

    Rightfromthestart (View Comment):

    Coop? Haha.

    Yeah.  Some pretentious intellectual Steve Hayward turned out to be, huh Lucretia?

    Great podcast – and I’m still not finished listening – but the 3WHH without Steve is like the E Street Band without Springsteen.

     

    • #11
  12. LibertyDefender Member
    LibertyDefender
    @LibertyDefender

    Leslie Watkins (View Comment):

    I totally share Lucretia’s receding enthusiasm for Trump. I get a zillion emails from his campaign every day—5 received in the last 5 minutes—and not one says anything about those who’ve been held without bail for supporting his cause on January 6. The election broke him. I wish him well but think there are better alternatives waiting on the bench.

    We have, as Lucretia pointed out¹, a corrupt federal justice system (fully integrated with the Democrat Party – including its public relations dept, the corporate and social media) that is 100% directed at persecuting its political opponents, primarily Republicans.

    Good luck getting any establishment politician – including Ron DeSantis – to do what needs to be done: ABOLISH

    * the FBI

    * the IRS

    * the EPA;

    * the Federal Reserve;

    Fire the entire Joint Chiefs of Staff, Foreign Service, and Intelligence Agency heads

    Appoint Mike Pompeo as Secretary of Defense and NSA with authority to hire and fire in every Intelligence Agency,

    Appoint Ric Grennel as Secretary of State with authority to clean house at every diplomatic post

    Appoint John Taylor as Secretary of the Treasury to oversee the implementation of a market-based replacement of the Federal Reserve Bank;

    . . . and plenty more in the second week of the administration.

    Rush Limbaugh reminded us often that a politician will always disappoint. Donald Trump is not a politician. Donald Trump is a disruptor. Donald Trump the Disruptor leaves prosperity in his wake.

    Donald Trump wasn’t curious about the structure of government or even of the Supreme Court, yet he is responsible for the most Constitution-adhering Court since well before “the switch in time that saved nine.”

    If Steve Hayward and I get our wish that Wickard v. Filburn is overturned, we all will owe it to Donald Trump.

    ¹John Yoo’s comment “you’re worried about prosecutorial abuse” was a foul tip, if not a swing and a miss. Prosecutorial abuse can occur in any direction. What is happening to the rule of law in America is that it is being directed entirely and exclusively to harm Republicans while protecting Democrats. In one glaring example, the public record is full of names and faces of people violating Federal law by acting to intimidate the conservative Supreme Court Justices, and the DoJ hasn’t so much as shooed a single one away, let alone arrest and charge the criminals.

    • #12
  13. LibertyDefender Member
    LibertyDefender
    @LibertyDefender

    Edited to delete duplicate comment.

    • #13
  14. Boethius1261972 Inactive
    Boethius1261972
    @Boethius1261972

    I don’t think people are immigrating to the U.S. because of it’s “idea of rights” any longer.  For a long time now it’s been purely economic and cultural in the worst sense of the word in most cases.

    • #14
  15. Boethius1261972 Inactive
    Boethius1261972
    @Boethius1261972

    I don’t think people are immigrating to the U.S. because of its “idea of rights” any longer.  For a long time now it’s been purely economic and “cultural” in the worst sense of the word, in most cases.

    • #15
  16. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    Boethius1261972 (View Comment):

    I don’t think people are immigrating to the U.S. because of its “idea of rights” any longer. For a long time now it’s been purely economic and “cultural” in the worst sense of the word, in most cases.

    Boethius is awesome. You have a good name.

    • #16
  17. Bishop Wash Member
    Bishop Wash
    @BishopWash

    It’s great to see that these two will be hosting the flagship podcast. I hope that @lucretia will bring up the political prisoners. I don’t think that’s ever been mentioned on the site’s podcast. 

    • #17
  18. RufusRJones Member
    RufusRJones
    @RufusRJones

    LibertyDefender (View Comment):
    * the IRS

     

     

     

    • #18
  19. RufusRJones Member
    RufusRJones
    @RufusRJones

     

     

    This isn’t my day to write well. Also if this is just too complicated for the Internet just say so. 

    Setting aside the economic upheaval, how do you wipe out the IRS?

    Let’s say you have to have an income tax, not a consumption tax. 

    You make it a flat personal income and capital gains tax with tax with one deduction for procreating more W-2 slaves. It’s idiotic to Central plan more with the tax code. You aren’t going to create any more wealth doing anything else. 

    You don’t tax business because it doesn’t actually come out of income. You don’t know what it comes out of. They literally don’t know what is reduced to pay for it. Having said that, you have to have somebody inspect the business to see if they are hiding capital instead of deploying it. 

    Then you have a rebate system to make it progressive under a certain income. 

    Is that how this works?

    • #19
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