Author: Michael Baranowski

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Mike and Jay open the episode with a discussion of the indictment of Hunter Biden on multiple tax-related charges, as well as the broader House Republican investigation into the Biden family. They agree that Hunter Biden almost certainly cheated the federal government but that there’s nothing yet that links his activities to any illegal actions on the part of Joe Biden. (Though Jay is less certain of this than Mike is.)

From there, they turn to Senate Republicans blocking passage of aid to Ukraine and Israel over demands for more border security. Mike points out that President Biden is ahead of much of his party on this issue, while Jay sees a deal being made sometime before the end of the year.

Next is a look at the indictment of six fake electors in Nevada, which comes after similar actions in other states. Mike sees this as an appropriate action that will give those with crazy ideas pause, while Jay wonders if it may represent the criminalization of politics.

They close on the Supreme Court case of Moore v United States, which has the potential to upend the tax code and cost the federal government trillions of dollars. Neither Mike nor Jay buys the government’s constitutional argument, but Mike thinks that this is a case where pragmatism will likely outweigh constitutional purity. Jay is concerned that the Court could rule in a way that would give Congress too much taxing authority.

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Trey & Ken continue through the U.S. Constitution’s Bill of Rights by diving into the 1st Amendment’s Free Speech clause. What, if any, restrictions can government place on speech? What is and to what extent do people have symbolic speech rights? All of this and a host of court cases covered on this week’s episode.

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Trey and Ken open the episode covering two recent deaths: Henry Kissinger and Sandra Day O’Connor. Trey outlines the positives and the controversies of Kissinger’s international realism, along with both his opening of China and his support for authoritarian regimes. Ken highlights the swing vote legacy of O’Connor, despite her own desire not to be seen in that light during her lifetime.

Next, they turn to the U.S. House’s expelling of George Santos. Trey outlines the Constitution’s flexibility on the issue, agrees with his ousters, and sees in it the possibility for a move away from Trumpianism in the Republican Party. Ken is less optimistic, but agrees with Santo’s ouster.

They close with a look at the Supreme Court oral arguments over SEC v Jarkesy and the 5th Circuit Court’s opinion questioning the administrative state. Trey sees potential issues with a consecration of power in a singular agency of powers, and institutions, designed to be divided. Ken believes there is less to fear and no Constitutional problem with vesting an administrative agency with executive, legislative, and judicial power.

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Mike, Jay, and May open the episode with a discussion of the hostage-for-prisoner swap between Hamas and Israel. They all agree on the importance of Israel getting their hostages back as well as on Hamas’ determination to destroy Israel. But Mike feels that Israel should find a way to give Gazans a positive path forward, something Jay and May are less optimistic about (not that Mike is all that optimistic).

Next, they turn to a Colorado judge’s ruling that Donald Trump is an insurrectionist, but that he can still appear on the ballot because the insurrection clause of the 14^th Amendment doesn’t apply to him. All of the hosts agree that the clause doesn’t apply to Trump, and that voters should have the opportunity to decide whether to elect an insurrectionist, or if Trump is an insurrectionist in the first place.

They close with a look at the 8^th Circuit’s recent ruling that Section 2 of the Voting Rights Act doesn’t give private individuals the right to bring suit. Mike sees it as wrongheaded conservative judicial activism, a position Jay and May dispute.

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Trey & Ken continue through the U.S. Constitution’s Bill of Rights by diving into the 1st Amendment and the Free Exercise Clause. Topics include Reynolds, Smith, and the separation between belief and action inherent in the Supreme Court’s understanding of the phrase.

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Trey and Ken start the episode with a discussion of the escalation of hostilities in the Gaza Strip. Trey argues that Israel’s drive south is the result of the asymmetric nature of the conflict. Ken agrees, but believes that Israel must account for the human suffering and collateral damage a push out of Gaza City entails.

Next they turn to the meeting between Xi Jinping and Biden in San Fransisco. Trey lauds the positive rhetorical improvement from a few months ago and attributes this to the need for economic ties, which is the foundation of international liberalism.

After that is an overview of the newly passed laddered continuing resolution. Ken believes that deficit spending and the recent downgrade in US credit sits at the feet of the Republican Party. Trey argues it is the lack of a majority between Democrats who want to increase spending and Republicans who are deeply divided over what kinds of spending cuts are needed.

Then it is a brief overview of Representative Santos’ Ethics Committee Report outlining his fraud. Trey and Ken predict the likelihood of him being removed from the House of Representatives. They close with a brief discussion on the Supreme Court’s recently released ethics code.

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Mike talks with Ganesh Sitaraman, a Professor of Law at Vanderbilt Law School, senior fellow at the Center for American Progress, and a longtime advisor to Senator Elizabeth Warren. He’s also the author of multiple books, including The Counterinsurgent’s Constitution, The Great Democracy, The Crisis of the Middle Class Constitution. His latest book is Why Flying is Miserable and How to Fix It, which they discuss in this episode.

Topics Mike and Ganesh cover include:
– what makes flying miserable
– the main eras of air flight regulation
– cross-subsidies and cream skimming
– the old, highly regulated system
– what led to deregulation
– how the deregulated system has performed
– how to make flying less miserable

Ganesh Sitaraman on X

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Mike and Jay open the episode with a discussion of West Virginia Democratic Senator Joe Manchin’s decision to not run for reelection in 2024. Mike thinks it makes sense given his likely defeat, and Jay makes a case for a Biden-Manchin 2024 ticket. They also consider what Manchin would bring to the No Labels presidential ticket, and how a No Labels candidate might affect the race.

Next they turn to the elections in Ohio, Kentucky, and Virginia. Abortion rights were a big winner in Ohio and played a role in all three states’ elections. Mike thinks it’s a great issue for Democrats to run on, and Jay argues that Republicans were stuck by past votes for pre-Roe laws they didn’t expect to go into effect.

They close with a loot at the latest Republican presidential debate. Mike wonders if there’s a point to the debates given Trump’s commanding lead. Jay thinks there is, and explains why.

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