3 Whisky Happy Hour

This may sound like a very esoteric subject for our weekly podcast, but did you know this year is the 100th anniversary of the landmark Supreme Court case of Euclid v. Ambler Realty? No, really—it is! We're not making this up. Okay, we know what you're thinking: what is Euclid v. Ambler Realty and why should I care, especially a hindred years later?

The Euclid decision, written by one of the most conservative and principled Justices of the Supreme Court (George Sutherland) declared that land use zoning was constitutional and didn't violate the "takings clause" of the 5th Amendment ("No shall private property be taken for public use without just compensation"). I know: stifle your excitement. But don't zone out on us. John and Steve agree (for once) that Sutherland got this one badly wrong, and trust us, we liven it up in our discussion.

Lucretia, hostess for this week's episode, wonders whether there is a "right to protest." Sure the 1st Amendment protects freedom of speech and the right to assemble, but does it actually protect protests—like those we see in Minneapolis right now, where the dividing line between protest and active interference of federal law enforcement is hard to make out (on purpose).

Then, finally, Lucretia gets Steve to reflect on the 20th anniversary of Al Gore's horror film about climate change, An Inconvenient Truth. Gore's film was hysterically wrong, but he's still with us somehow.

A lot of interesting legal questions this week for rotating host John Yoo, and we don't even get through all of them (can you believe Lucretia actually passed up the chance to dunk on her "favorite" Justice KBJ for this week's embarrassment at the Court), because we move directly to the question of whether Gov. Spanberger and Virginia are a canary in a coal mine of a Progressive mine-shaft explosion. Holy-moly!

And Steve thinks it isn't too soon to begin thinking about what "New Right 5.0" after Trump is going to look like.

Exit music today from Cosigner, which we are thinking of making the official bumper music band for the 3WHH, since the lead singer and motive force of the band is a certified conservative and listener to this podcast. Let us know if you approve.

Is it just us, or did this week seem even crazier than usual? We didn't have time to cover all the crazy in the news, and had to settle for trying to select the most stupid crazy thing said this week, though even that was a hard selection to make. But we gave a group award to everyone involved in trying to persuade the Supreme Court that boys should be allowed in girls sports. So much to work with.

We considered whether and how the Insurrection Act might work in the case of insurrectiony Minnesota, and then move on to our main event today: is America in fact the "best regime" in the classical, Platonic/Aristotelian meaning of the term (Steve and Lucretia say Yes, while John is confused and cantankerous as usual), and if so does this help explain the left's deep hatred for America?

Our second livestream on our Political Questions Substack was a lively tour through frivolous lawsuits against the McRib, to wondering what is happening in Iran. Could it really be the end of the line for the mullahocracy? If so we agree the likely deciding factor is Trump. Who also, you may have heard, knocked over Venezuela last weekend. Finally, what to make of events in Minneapolis. Well, a lot, as you might imagine.

We tried an experiment this week—livestreaming the taping of this week's episode on Steve's 'Political Questions" Substack.  We think is was a success even though Steve's camera froze up several times along the way. 

John Yoo hosts this first episode of the year, which is devoted entirely to understanding and critiquing "post-liberalism," currently one of the hottest new things going on the right today. (John makes reference to one of our live clashes with a leading post-liberal, which Steve wrote up here.)

Attacks on the classical liberalism of the American Founding are not new from the left—Marx hated John Locke perhaps above all others except perhaps Adam Smith—and there have always been conservative critics of Lockean liberalism, starting with Edmund Burke back in the 1790, but also like Leo Strauss whose famous short phrase was that materialism Lockeanism would devolve into "a joyless quest for joy." 

This is an urgent and relevant question as we move toward the 250th anniversary of the Declaration of Independence mid-year, and while we expect the 1619 Project left will be out in force attacking the Declaration for the usual stupid reasons, we'll also have to content with some on the right attacking it for reasons that may have a more plausible basis, but which we think are confused—when they are not wrong.

This is merely the first episode of the podcast this year that will be devoted to various aspects and controveries about the founding that will surely erupt over the next six months.  Strap in!