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3 Whisky Happy Hour
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This week's ad-free episode is probably better thought of as a Two Whisky Happy Hour, because John Yoo is away on a lecture- and Philly-cheesesteak-procurement tour back east, and Lucretia is out of action right now, too, though she appears in this episode by proxy, so to speak. So two whiskies it is.
Last weekend, Lucretia and I offered a keynote session for Ammo Grrrll's annual CommenterCon conference in Phoenix, which is an annual gathering of Ammo Grrrll's best friends and devoted fans from around the country. My theme was "Will it get worse before it gets worse?", and Lucretia offered some thoughts on the future of free speech.
We had some technical difficulties with our sound recording devices, so the recording has a sudden and noticeable quality shift right in the middle, and you can't always make out the audience questions perfectly, but we think listeners will still enjoy most of it.
Discussion (2)
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Yes...and No. Probably. Maybe.
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Any fair description of Dean Erwin Chemerinski's policy positions should include the fact that he supports a federal government of unlimited powers.
As he states in the linked video from Reason.com, Chemerinsky believes that the federal government may properly regulate any activity that might in the aggregate affect interstate commerce. Any activity, not just commerce.
That belief is anti-constitutional. The US Constitution defines a limited federal government of specifically enumerated powers, not a federal government that may regulate any activity.
I haven't abandoned my hope that I'll someday read a Supreme Court opinion that states "Wickard v. Filburn was egregious from the start."