LAL Live: The Public Health State + Steve Bannon + Republic of Virtue (NPS July 20)

<p>Norm is still broadcasting from the shores of Lake Memphremagog, a glacial lake next to the border between Vermont and Quebec, Canada. </p> <p>The first thing on his mind is the emerging public health state. This was a topic Norm unpacked a few weeks back and he was inspired to review the history of the separation of powers pursuant to the United States federal constitution. But? Federal power under the constitution has been a constant source of concern for those who have catalogued the stretch and flex of the constitution from the founding through the Civil War (13th, 14th, 15th amendments, and equal protection and due process), the Great Depression (the administrative state). </p> <p>But Norm believes we are on the brink of a fourth wave of constitutional interpretation and staring down at the emergence of the public health state. The fear? Something fundamentally new in American government—perhaps something not seen since King George—is coming. President Biden is set to issue an executive order declaring a climate change a national health emergency. </p> <p>With federal, state, and local governments' botched responses to COVID-19 in the rear view, why would we want to give the executive branch sweeping new powers to address climate change?</p> <p>Of course, the problem is that not everyone's vision of public health is the same. Consider handgun violence and racism. Arguments have been advanced by advocates that those, too, are public health emergencies. </p> <p>Norm takes calls on the subject. </p> <p>What is the proper vision of individualism? </p> <p>Norm discusses the curious case of Steve Bannon, his background, and why the disposition of his case is significant. The House Select Committee on J6 issued a subpoena for Bannon to testify. He ignored it. Rule number 1: don't ignore a subpoena. </p> <p>Bannon was playing the odds. But he didn't anticipate the Justice Department convening a grand jury, which would indict Bannon for contempt of Congress. What defense can Bannon raise? And what is jury nullific