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After some brief comments on the ongoing criminal trial of Donald Trump, Mike and Jay discuss the Ukraine aid package, considering how it got to the floor, what it says about the Republican Party, and the arguments against extending more aid to Ukraine.
Next, they turn to the recently passed TikTok ban, which would require parent company ByteDance to either sell the company to an approved buyer within a year or no longer be able to do business in the United States. Both Mike and Jay are skeptical of the constitutional arguments against the ban and think there are solid national security reasons for the legislation.
They close with a look at the growing pro-Palestine demonstrations on college campuses across the country. Mike is more sympathetic to the protestors' viewpoint than Jay is, but they both support reasonable time, place, and manner restrictions on students’ (and non-student protestors) exercise of speech.
Check out Mike’s other podcast, Sustainable Planet as well as TPG’s fellow Democracy Network show, The Bully Pulpit.
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Mike welcomes back to the show Bryan Caplan, a Professor of Economics at George Mason University, prolific author, and blogger at Bet on It. They discuss his latest essay collection, You Will Not Stampede Me: Essays on Non-Conformism.
Topics Mike and Bryan Discuss Include
- disobedience to authority
- why the world is wrong and the weird is right
- herding and hysteria
- the ubiquity (and danger) of crusades
- what the world got wrong about COVID
- combining cynicism and idealism
Bryan Caplan on X
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Saknas det avsnitt?
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Trey and Ken dive into the Sixth Amendment and the unique protections it provides defendants. Topics of conversation include:
The advent of professional police and prosecutors
The modern plea bargaining system
The right to a prosecutor
The ability to produce evidence in your defense
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Trey and Ken open with breaking news on Israel’s attack on Iran and Syria. They discuss the appropriateness of the response, the likely message behind the response, and the political implications for U.S. politics. They also briefly consider the timing of the U.S.’s blocking of Palestinian United Nations membership in the Security Council.
Next, they move to Congress and the ongoing debate inside the Republican Party over foreign aid. Trey believes Speaker Johnson has a deal already struck with Democrats, which also allows some Democrats to vote no on Israeli aid, while Ken thinks if there is a deal it is more comprehensive for Democrats.
After that, they discuss the suspension and ultimate resignation of Uri Berliner from his role at NPR. Here the hosts take very different views. Ken views Uri as striking a Trumpian tone and is rightfully criticized and ousted. Trey disagrees, arguing that divergent viewpoints help media be thoughtful in the ways that frame, prime, and agenda setting. Objectivity is not impossible, but it doesn’t mean that viewpoint diversity is a bad thing.
They close with a look at the newest Supreme Court decision in the case of Mckesson v Doe, the case determining if the organizer of an event can be held liable for activity he did not directly cause or promote.
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Trey talks with author Sasha Issenberg about his new book The Lie Detectives: In Search of a Playbook for Winning Elections in the Disinformation Age, in which he talks about the left's campaign strategies to combat "disinformation" and "misinformation."
Topics Trey and Sasha Cover Include
- why the left is primarily interested in disinformation
- the campaign strategies of Democrats online
- the focus on engagement in political persuasion
- how overseas democracies have faced similar disinformation strategies
- Brazilian cautions for some leftwing approaches to disinformation
Follow Sasha on X, and check out The Lie Detectives
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Mike and Jay open the preview of this supporters’ midweek episode with a discussion of the Biden administration’s move to close the ‘gun show loophole’. Mike argues that it’s a good move and, to his surprise, Jay doesn’t really disagree.
From there they move on to a more contentious regulatory issue – whether the government should require all new table saws to have a finger-sensing blade brake. Mike thinks the benefits outweigh the costs, but Jay isn’t too sure that’s the case.
Following that, they consider whether the country is as divided as many people believe, in light of a recent AP/NORC poll that suggests most Americans agree on fundamental issues. Jay thinks the devil (and division) is in the details, while Mike points out some fairly significant differences between Democrats and Republicans.
They close by responding to a listener's question about extremists in their respective parties. (Giving Jay the opportunity to break out the very William F. Buckley-ish word apotheosis.)
Check out Mike’s new podcast, Sustainable Planet.
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Mike and Jay open with a look at the ruling by the Arizona Supreme Court upholding a near-total ban on abortions passed in 1864. They consider the legal reasoning behind the decision, what’s likely to happen next, and how they see it playing out politically, particularly in light of Donald Trump’s recent announcement that he believed abortion rights should be left up to the states.
Next, they discuss the latest Biden administration efforts to forgive student loan debt. Mike and Jay disagree as to whether the moves are legally and constitutionally permissible, but they do agree that the current system of higher education funding needs major reform – though they favor very different paths for that reform.
They close by discussing the many delays in legal proceedings involving Donald Trump, the seriousness of the cases against him, political bias, and what the voters should know before they vote in November.
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Mike talks with historical anthropologist Nicholas Dirks, Chancellor of UC Berkeley from 2013-2017, about his book City of Intellect: The Uses and Abuses of the University.
Topics Include:
- the public’s decline of faith in higher education
- if higher ed is focused on the right kind of diversity
- free speech as privileging dominant views
- what elite institutions are doing with their massive endowments
- rising education costs and administrative bloat at universities
- if public universities should take positions on political issues
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Trey & Ken discuss the five major elements of the 5th Amendment:
Grand Juries
Double Jeopardy
Self-Incrimination
Due Process
Takings
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Trey & Ken start the episode with a deep dive into Israel’s airstrike on the Iranian consulate in Syria. This leads to a discussion of the differences between the northern conflict and the Gaza conflict. Next, the discussion moves to Biden’s newest demands of Israel and how Israel has responded. This also includes a discussion of shifting American attitudes on supporting Israel. After that, the duo look at the 6/15 week abortion ban in Florida. They discuss the Florida Supreme Court’s legal ruling, but also the political ramifications for both parties in terms of the November election. They close with a discussion of the valuation of Trump Media & Technology.
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Mike, Jay, and Justin open the preview of this supporters’ midweek episode with a discussion of NBC’s decision to hire, and then quickly fire, former RNC Chair Ronna McDaniel. Was it a bad business decision poorly implemented, an example of anti-Trump bias, or something more than that?
Next, they consider whether Truth Social’s IPO makes any sense. Probably not from a strictly business sense, but as Mike points out, owning a share of DJT is likely to be more than a dollars and cents calculation to the MAGA faithful.
They close with a look at RFK Jr’s campaign and running mate, as well as Chris Christie’s rejection of No Labels and a broader discussion of third parties in the American political system.
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Mike, Jay, and Justin open with a look at the life and legacy of the recently deceased Joe Lieberman, agreeing that the Democrat turned independent is the sort of solutions-oriented moderate we don’t see much of in national politics anymore.
Next is a discussion of oral arguments before the Supreme Court concerning access to the abortion drug mifepristone. It seems like a stretch to argue that those challenging the FDA even have standing, but there is a case to be made that mailing any drug to end a pregnancy is a violation of the 1873 Comstock Act.
They close with a debate over whether attorney John Eastman should be disbarred for his efforts assisting Donald Trump in his attempt to stay in office following the 2020 presidential election. Jay argues that Eastman may have had bad arguments, but he shouldn’t be disbarred for making them. Mike points out that there is a line between pushing bad arguments and telling a client to break the law, though he ultimately agrees with Jay. Justin isn’t so sure that either Jay or Mike have it right in this instance.
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Trey talks with constitutional law professor Maxwell Stearns about his new book Parliamentary America which argues the U.S. needs to adapt the U.S. House to include proportional representation.
Topics Trey and Max Cover Include
- how the median voter theory is inaccurate
- why American parties are tending in extreme directions
- proposals to double the size of the House of Representatives
- proposals to transform the selection of president and vice president
- proposals to change how to remove a president
- the historic necessity of convincing relevant actors to agree to these changes.
Follow Max on X, and check out Parliamentary America
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Mike and Jay open the preview of this midweek supporters’ episode with a discussion of Texas’ SB 4, which allows state judges to deport migrants. Mike argues that it’s plainly unconstitutional and Jay largely agrees, though he makes the case that legislation should be given a presumption of constitutionality. They also discuss how this has moved through the federal court system and the slowdown at the Fifth Circuit.
Following that they take a look at the latest presidential fundraising numbers (one area where Biden is beating Trump), consider Washington State’s new alternative to the bar exam, and address some listener questions.
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Mike and Jay open with a discussion of bipartisan agreement on a budget that averted a partial government shutdown. Jay thinks it’s good politics, emphasizing once again that Republicans don’t win government shutdowns, and pointing out that Speaker Johnson has a tiny majority to work with. Mike notes that Republicans got a number of things they should like, though he expects that we’ll be in a similar place in just over six months, when the deadline for passing next year’s budget comes up.
Next, they discuss the lawsuit against Apple filed by the Department of Justice and 15 states. Neither Mike nor Jay thinks the government has a particularly strong case, but Mike argues that government pressure on big companies like Apple can serve as a useful check on corporate power.
They close with what starts as a discussion of the Ohio Republican Senate primary, and ends up as a much broader discussion of Donald Trump, the Republican Party, and the media.
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Mike talks with George Laws Garcia, a former acting director of the Puerto Rico Federal Affairs Administration and Executive Director of the Puerto Rico Statehood Council.
Topics Mike and George Cover Include:
- how Puerto Ricans aresecond-class US citizens
- Puerto Rico and federal income taxes
- independence as opposed to statehood
- how Puerto Ricans feel about statehood
- US domestic political considerations
- what making Puerto Rico a state might cost
- short and medium-term prospects for statehood
Follow George on X, and check out Puerto Rico 51st
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Trey & Ken continue through the U.S. Constitution's Bill of Rights by diving into the 3rd and 4th Amendments.
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Trey & Ken start the episode with a deep dive into Senate Majority Leader Chuck Schumer’s Senate speech on Israel, Hamas, and Benjamin Netanyahu. This includes a discussion of the norm breaking nature of calling for a vote on a democratically elected leader, if the Biden administration is giving in to more leftist voices, and the extent to which the U.S. may change its behavior in relationship to Israel.
Next is a conversation on a series of orders from Judge McAfee on Trump’s cases, including throwing out six charges, and the requirement that Nathan Wade step down (which is now official).
Finally the pair close the show with a discussion of the recent firings and memos out of the RNC. Ken believes the restructure will take money away from Republican candidates and help Democrats, Trey thinks it is unwise to underestimate Trump’s ability to effectively campaign.
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Kimberly talks with Mary Chung Hayashi, national healthcare advocate, former California State Assembly member, Principal of Public Policy & Advocacy Solutions, and author of Women in Politics: Breaking Down the Barriers to Achieve True Representation.
Topics Kimberly & Mary discuss include:
Why we’re still having the same discussions about increasing the number of women in politics, even though not only women—but Americans as a whole—benefit from having women in elected government positions
Why women shouldn’t focus on what they’re lacking, but instead focus on what they can ‘bring to the table’
How Mary’s personal experience as an immigrant woman of Asian descent has brought her face-to-face with the plethora of challenges all women face running for—and serving in—public office, and strategies to overcome these barriers
The often-invisible biases against women of color running for office
Why it’s important for women with political ambitions to cultivate the support of men
The many ways in which men seeking or in political office benefit from a societal double standard for men and women
Why women should be encouraged, regardless of their political affiliation, to participate in politics
The importance of breaking down the imagination barrier to encourage both men and women to rethink their own preconceived notions about women’s roles
While money matters, and men almost always have more financial support, deep pockets aren’t necessarily the only way to win an election
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Mike and Jay open the preview of this supporters’ midweek episode with a discussion of Speech First, Inc. v Sands, a Supreme Court case in which Jay submitted an amicus curiae brief to the Court. They get into whether the Court was right to dismiss the case as moot (Mike says yes while Jay has his doubts) as well as the underlying issue of whether bias response teams on college campuses necessarily chill speech (Jay says yes while Mike thinks possibly, but not necessarily).
After that, they respond to a bunch of listener questions: politicians in the opposite party they respect, the politician they’d most like to have a beer with and what they’d ask them, Jay’s best argument to Republicans for Biden and Mike’s best argument to Democrats for Trump.
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