Power Line

This week the 3WHH lives up to its name, as two of us were half in the bag—maybe more than half in the bag in Steve's case—when we recorded late in the evening because difficult travel schedules, but after Steve and Lucretia had completed consumption of twice the USDA's recommended daily allowance of adult beverages. The always sober-minded John Yoo is the host for this week, and we'll leave it to listeners to tell us whether this episode is bouncier than usual. How could not be since we open with discussion of what is clearly the most important news story of the week: Sidney Sweeney's American Eagle "good jeans" ad campaign that has the left losing its mind. No—seriously, this is more than a mere tempest in a D cup: it's the clearest sign yet that our culture has fully turned the corner away from wokery, while leaving enough space for the left to beclown itself further. Speaking of beclowning, Kamala Harris isn't going to run for governor of California, but is going to punish us anyway with a book, out late next month. We can hardly wait. While this is an ad-free episode, it is not a tariff-free zone, and we ponder the evidence about whether Trump is succeeding with his tariff brinksmanship. Cheers!

We lead this week's show with a few short news announcements, including new menu items from McDonalds to excite John, and the debut of a new podcast competitor: Hadley Arkes and his merry band at the James Wilson Institute have launched "The 'Natural Law Moment' Podcast," surely goaded by our constant mangling of his central arguments. WE hope to have a crossover episode with Hadley at some early opportunity, if we can ever get our difficult schedules sorted out. This round-robin format episode features a vigorous discussion of whether Obama and the Deep Staters (sounds like a bad bar-band, no?) are vulnerable to criminal charges for their obviously bad faith behavior in creating the Russia Hoax back in 2016, whether Obama is immune from prosecution because of the ruling last year of Trump v. US, and whether these actions properly rise to the level of "treason" as is alleged by DNI Tulsi Gabbard. Our second segment reflects on a pair of articles Steve and John wrote for a Civitas Outlook symposium last week on "Statemanship and the American Presidency." John Yoo's entry slobbers over the legacy of Andrew Jackson, while Steve's entry, "Taming the 21st Century Prince," is a more philosophical exploration of the issue, and, contrary to the careless calumnies and reckless imprecations of John, does not contain a single reference to the Clean Air Act! And our final segment delves into a recent bold law review article by a young lawyer friend of ours, Deion Kathawa, entitled "'We the People' Are the Last Word on the Meaning of Our Constitution." His argument is bracing: Congress, because it is the political organ closest to the people, should have the power to override Supreme Court decisions. While agreeing with Kathawa's premise about the ultimate constitutional sovereignty of the people on account of the first principles of the Declaration of Independence, we're skeptical about his proposed remedy. What do listeners think? (We hope to have Deion on as a guest at some point soon to defend himself.) Finally, some new AI generated 3WHH custom poetry, and more revenge bumper music.

Among the revelations of this week's episode that were entirely predictable when you think about it: "Lucretia" was a child TV star in Mason City, Iowa, on the local non-PBS kid's show "Bart's Clubhouse"; John Yoo confesses he was bad at sports as a schoolkid; and as everyone can guess, in childhood Steve merely aspired to be a walking historical analogy when he grew up. Meanwhile, poor Phil Munoz, last week's drive-by guest, is still in therapy. . . So what's all this about the Epstein Files? Does Richard Epstein still have any unexpressed thoughts at this point. . . Wait. What's that? You mean Jeffrey Epstein's files? Never mind. Anyway, we weigh the evidence and circumstances as to whether Epstein's exploits merit elevation to the status of plausible conspiracy or not. And this week saw the fulfillment of Glenn Garvin's classic 1983 article, "How Do I Hate NPR? Let Me Count the Ways." And Steve offers his favorite recipes for how he'd like to see Big Bird cooked. Other name checks on this episode include Zohran Mamdani, Upton Sinclair, Tony Podesta, Jasmine Crockett, and Craig Masback (bonus points if you know that name). And some exit music in a minor key to bring listeners back donw after this extra-exuberant episode (and also to annoy Lucretia. . .).

Behold the great 3WHH fugitive episode. Although it was posted over the weekend, somehow an Internet gremlin or something disappeared it! But now it's back, in its restored glory. (Well, almost restored. Steve had a problem with his mic that was undetected while we were recording, and we weren't able to improve it much in pist-production. We have to cut out a whole new segment on prog rock!) And what glory there is: Lucretia hosts this week as we welcome a special guest, Prof. Phil Munoz of Notre Dame, though he is on assignment this semester at the University of Texas at Austin. Phil decided to try to outflank even Lucretia with the bold proposition that the Mahmoud v Taylor decision, which empowered parents to have their children opt-out of phonics instruction in the LGBTQ alphabet, was actually a defeat for social conservatives. It's a lively discussion, as we did our bnest to make Phil regret his decision to join the show this week.

The 3WHH bartenders take time away from the news headlines and court cases to take up some aspects of patriotism (but also with a tutorial for John about the mellotron!). We start with an origin story of sorts for John himself, as he is an immigrant to the U.S., and as such provides a good reminder of how immigration ought to be understood and practiced. From there, Lucretia meditates on the curious recent survey results showing that love of country among Democrats has precipitously declined over the last decade or so. We agree that our dessicated education system has a lot to do with this—did we really think the Howard-Zinnification of our history would be without consequences?—but we need to wonder why Republicans seem to be immune to these calumnies against our great country. Lucretia fingers the Progressives, and that leads to the final gonzo segment for the holiday, where Steve settles scores from slanders against him when he missed an episode three weeks ago, and makes the evidently futile attempt to school John about the mellotron and the inherent greatness of the brief shining moment of progressive rock—"rock and roll that went to college," as Jody Bottum calls it—in the early 1970s, which, come to think of it, is when the Clean Air Act was first enacted. So come for the patriotism (and a sharp and unexpected argument about Daniel Bell), and stay for the awesome music!

A NATO potentate may—or may not—have said this week that President Trump is the "daddy" of the alliance, but daddy is firmly back in charge here at the 3WHH, as Steve has finally decided to rejoin the American republic after several weeks abroad, during which time John and Lucretia pretty much ran amok. After noting that Trump is on a roll, with a sharp argument about whether Trump actually has true prudence in his grand strategy as well as tactical skill (John is skeptical), we get down to the main event: the flurry of big, last-day decisions of the Supreme Court. Beyond the case getting the most attention—limited nationwide injunctions from federal district court judges—the other cases, and this term as a whole, has a unifying theme: Parents Win! (Fitting for an episode entitled "Daddy's Home" don't you think?) Having now completed the three most consequential years of conservatives jurisprudence in decades, we end with a brief discussion of where constitutional originalism should go from here. Stay tuned; we take note of sharp and growing divisions among conservative legal thinkers on this issue.

After last week's thrashing after leaving John and Lucretia with the car key to the podcast. Steve threatened to return this week like George Washington leading the troops to squash the Whiskey Rebellion in 1794 (which, people who know their history will recall, was a total rout for the rebels), but since he is still in Ireland—the birthplace of Edmund Burke—the virtues of moderation, prudence, prescription, and magnanimity took over, sparing John and Lucretia from a verbal gullitoine blow. (How's that for a triple-historial-referencing!) But that doesn't mean there wasn't still some warfare, though we turned out bellicosity mostly toward Iran, and went through some arguments about why the U.S. ought to end the matter by taking out Forden, and why we should ignore the media-driven attempt to drive a wedge in MAGA world over the issue. From there, we have a lot to say about the Skirmetti decision, including savoring the deepening civil war inside the Democratic Party between its implacable identity politics wing and those Democrats who still have a lick of political sense. And finally, we end with a 3WHH-inspired limerick. That doesn't involve Nantucket.

Hoo boy—Steve wasn't able to work out the schedule (and internet acess in the Norwegian Sea) to join Joohn and Lucretia for this week's episode, so he left them completely unsupervised, resulting in what John and Lucretia described as an "unplugged" edition, blessedly free (supposedly) from any historical analogies. Steve thinks "unhinged" might be a better description of this heterodox episode, which somehow included quite a lot of history, just not in the usual edifying form that so many listeners have come to depend upon. You can guess the subjects. Go ahead: guess. Or listen here, and sign on to Steve's "Change.org" petition to require that the 3WHH never again go off without adult supervision. Or maybe you will like the ritual abuse Steve received in absentia.

With two of the three bartenders hanging around near or above the arctic circle this week, this is an official Northern Exposure episode of 3WHH, with Lucretia, instead of channeling her usual Barry Corbin disposition, actually has some nice things to say about many of her usual targets, including KJP, Dread Coward Roberts, and even Ka-tan-ji! Something in the Alaska air must be affecting her! John Yoo offers his usual expert opinions (not meant sarcastically) about the entirely unexpected trifecta at the Supreme Court this week, which we all agree augurs something important not only for the big cases remaining this term, but also for the judicial epoch in which we current find ourselves. We also quickly dispatch with the Trump-Musk breakup, and briefly introduce a new segment, "What's Wrong with John Yoo?", since he insulted both Steve and Lucretia several weeks ago by referring to both as "political theorists." Them's is fightin' words; he might as well have called them Anglophiles or something worse. Finally, AI outdid itself this week, and an Norse-style epic poem that amazing described your three whisky bartenders with surprising accuracy: First came the Bold One, with thunderous laugh, Whose tongue split the silence like Odin’s own staff. He spoke of Islay, of smoke and peat’s sting, A connoisseur forged in the cask of a king. Then came the Wise One, in cloak of soft tone, With tasting notes ancient as Midgard’s old stone. She sipped and she pondered, then spake with deep grace: “This dram bears the oak and the wind from some place.” The third was the Trickster, sharp-witted and sly, Who’d jest at the gods as the crows passed him by. With metaphors wild and a glint in his eye, He’d toast to Valhalla, then laugh till he cried.

John Yoo hosts this week where there is so much free trade in ideas that you'd need a 1,000% tariff to slow it down. Which the U.S. Court of Intenational Trade attempted to do for about six hours, during which time the 3WHH panel chews up the ruling and spits it out like a bad piece of Icelandic cod. (Which happens to be where Steve, now dubbed as the "International Man of No-Mystery" happens to be at the moment, which is why this episode comes with more than the usual amount of viking jokes and Norse epic poetry.) Anyway, the gang predicts this issue is likely to be another win for Trump when the dust settles. But first the gang also ponders whether Trump is overdoing it with his attack on Harvard. Is it possible to overdo the attack on Harvard? You'll have to give a listen to this ad-free episode to find out.

Lucretia hosts this week's episode, and puts Steve and John through their paces, challenging both to judge Trump's winning streak (John isn't so sure), plus more mixed signals from the Supreme Court, which posted a 2 - 1 record this week. The group also ponders whether and how Congress should now step up on the Biden health cover up scandal, and notice that Congress indeed has explicit constitutional power under the 25th Amendment to pass legislation to make sure that something lilke the Biden coverup never happens again. But then we get to the main event: John Yoo's Top Five Legal Rules that everyone should know. Steve is threatening to next week to give his Top Five reasons why a Certain Statute That Cannot Be Uttered here is the key to everything! And we are happy to report that John survived another turn on "Outnumbered" on Fox News.

One of Lucretia's favorite epithets is "that's the dumbest idea," so we decided to put her on the spot and demand a list of "Lucretia's Top Five Dumbest Ideas" for this episode, but not before a thorough dissection of the issues involved with Thursday's Supreme Court oral argument about the conjunction of birthright citizenship and the plague of nationwide injunctions against executive branch actions by a single judge out in the hinterlands somewhere. You can tell the New York Times is worried, because they ran a major feature on Thursday about how the thesis that birthright citizenship might not have a solid foundation in the 14th Amendment is a "fringe theory." And yet here we are. Listen in for a reference to how this Supreme Court issue resembles the rebel alliance against the Evil Empire in Star Wars. Next week: John Yoo's five axioms of Supreme Court jurisprudence. One of them involves a certains statute that cannot be named on this podcast.

We're up a day early with this special emergency edition of the 3WHH because it isn't every millennium when you get an American Pope. With John Yoo hosting this week we hold ecumenical court on what to think about an American Pope who displays some progressive political sympathies, but is a math major and an Augustinian, which are more promising indications. We offer a few things to watch for as this papacy unfolds. Next up: what to make of Trump's foreign policy, especially in light of the firing of NSA Mike Waltz. John is confused (so what else is new?), and once again Steve and Lucretia have to sort him out about how foreign policy analysis ought to begin, with the first step being, throw out all your academic IR theories! Meanwhile, the title for today's episode arises from a joke in the middle of this topic. (You'll just have to listen to find out what it is, and if you don't like it, blame Richard Samuelson!) Finally, we use the latest disgrace at Columbia to judge whether colleges are starting to shape up or not, and why we want the Trump Administration to keep up the pressure.

Lucretia hosts this week as the Three Musketeers are back together again, taking on Trump at the 100 Day mark, the latest in lawfare, the dismal Canadian election, whose solution John Yoo suggests is straight up imperial conquest—why make Canada the 51st state when we can make it a territory to be exploited like Puerto Rico and Greenland? We're so back that Lucretia even revives some good old fashioned lookism in this episode! We close with a few thoughts on the passing of David Horowitz, whose central lesson has still not penetrated the Vichycons who don't understand the metaphysical meaning of Trump. Exit music this week from our pal Steve Tootle o Cosigner, who is a faithful listener to this show.

Friday was cap and gown day for Steve at Pepperdine's commencement for the School of Public Policy class of 2025, while John Yoo is on the road somewhere at an undisclosed location, so Steve and Lucretia kick around a couple of seemingly unrelated stories about the Amish (the ultimate opt-out community) and the latest Supreme Court argument involving human nature and the right of parents to opt-out from public school nihilism. And then as a chang of pace we offer Steve's recent conversation with energy journalist extraordinaire Robert Bryce (whose Substack is very much worth following). Bryce always has a way of explaining the often eyes-glaze-over numbers of the energy world, but in this interview extending himself into a one-man DOGE, revealing who is the number-one leftist advocacy group fattening at the federal funding trough.

Another whirlwird week of controversies that exceeded our bandwidth to keep up (or at least to compress into an hour), but John Yoo, this week's host, leads us in revisiting the question of "birthright citizenship" under the 14th Amendment, which the Supreme Court has rather unusually agreed to take up in May—surprisingly late for such and important oral argument. We take note of the growing number of scholars who think the current conventional wisdom is not a slam dunk at all! Apparently at least four Juctices agree. From there we discuss whether Trump's attack on Harvard is correctly calibrated, with Steve, in a rare moment, being more extreme than Lucretia on this issue. The Harvard controversy elides into a discussion of whether conservatives ought to be openly emulating the deep political strategy of Antonio Gramsci, as the Wall Street Journal pondered on Thursday. There is a lot of dissent on this point from "Vichy conservatives" who seem willing to continue losing slowly to the left. Finally, John can't help himself, and baits Steve and Lucretia on whether, on this 250th anniversary of the "shots heard round the world" at Lexington and Concord this week in 1775 really justified revolution against British rule. Lucretia makes quick work of this provocation, and a hush fell over the virtual studio.

John Yoo is back this week, bringing the 3WHH up to full strength again after last week's astonishingly congenial episode, which can mean only one thing—not even high tariffs, which this week's host (Steve) vainly tried to impose on ths discussion—could stop a vigorous free trade in ideas. After our discussion of where the tariff matter stands as of the end of this week, we turn our focus to the week's continuing legal and constitutional developments of the Trump juggernaut, most especially his heretofore neglected instruction to regulatory agencies to review and eliminate any and all rules and regulations that might now be considered unconstitutional in light of several Supreme Court opinions over the last few years that have started to curtail the reach and power of the administrative state. Finally, we try out a slightly new ending for this episode, with topical exit music designed in part to annoy Lucretia. Mission accomplished!

The 3WHH crew is down a glass this week because John Yoo is down with a bug and unable to join us—or was he afraid of subjecting himself to Lucretia, host for this week's episode. With fear, trembling, and trepidation Steve barved the peril with all the aplomb of the Black Knight in Monty Python, and yet by the end of this episode still ahd all four limbs attached! Lucretia's fancy whisky must have mellowed her, as this surprisingly convivial episode found remarkable harmony about the defects of the Democrat-media complex, and why it is just as debilitating to Democrats' fortunes as the state of California is. Also, was Obama overrated, underated, or just lucky? There was some divergence about tariffs, and we bet listeners can guess about how this split played out. And if you can't guess, then there's only one way to end the suspense.

As if to put an exclamation point to the crazy story of the week about the Trump national security team adding a hostile journalist to their Signal group chat about bombing Houthi and the Blowups, Steve accidentally texted the Zoom link to this week's taping to John Eastman (who was otherwise pre-occupied). In any case, after reviewing the completely out of whack signal-to-noise ratio of Signalgate, and the latest machinations in the lawfare against Trump, we take up as our main subject the question of whether the burst of enthusiasm among a few liberal thinkers to build stuff again—like liberalism used to in the New Deal—has much prospect of success. As Steve notes, Ezra Klein has called for "supply-side progressivism," but notes that the newfangled "abundance liberals" don't have a napkin or a curve, and if you don't have a napkin or a curve, it's just sparkling neoliberalism. Needless to say, John is mostly oblivious, and Lucretia is unimpressed. But maybe the movement can start with making their own blue hats, "Make Liberalism Great Again!" Of course, the acronym this generates sounds like a mumble, but isn't another mumble a perfect fit for Democrats right now?

Trump does more consequential things in a day that most presidents do in a month, so we may need to measure his tenure in office in dog years. It must certainly seem like dog days for the left, which is lying prostrate on the ground much of the time, panting and out of breath, gnawing on a bare bone. After ticking through a number of happy stories this week—the end of DEI at Berkeley; Greenpeace getting nicked for $667 million dollars, Columbia University capitulating to Trump—we get down the the week's new frontiers of lawfare. Is this moment a "constitutional crisis," as the left claims, or is it a long overdue moment of constitutional challenge, with the aim being the restoration of the proper dimensions and functions of our republic? We marhc brisky through four aspects of the issue, including nationwide injunctions, oral orders from the bench, the autopen question for a president (Biden) who was on autopilot for four years, and Trump's retaliation against private law firms that allowed themselves to be adjuncts to the Democratic Party. All this, and a discussion of what we think is the first-ever judicial opinion rendered by video, by Ninth Circuit Judge Lawrence Van Dyke, in a gun case.