Certifying a U.S. Presidential Election: A Constitutional Conflict of Interest

That it should go without saying that a constitution providing a government with its basic framework and procedures should not contain any conflicts of interest makes it all the more astonishing when an actual constitution is found to contain a obvious yet undetected conflict of interest that could be exploited by an institutional or officeholder and yet is easy to obviate, or fix. The implication in such a case is that a society can be too comfortable with institutional conflicts of interest without realizing that if such a conflict is exploitable, it is likely that it eventually will be even if not right away. Because U.S. President Don Trump’s pressure on his vice president, Mike Pence, on January 6, 2021 to refuse to certify the votes of the electors in some of the states did not result in any serious proposals to have another office than the vice presidency preside, a societal tolerance for even known conflicts of interests in general and in a constitution more particularly can be inferred. I submit that such a tacit willingness to continue with the status quo can eventually put even a republic itself at risk.

The full essay is at "Certifying a U.S. Presidential Election."

Undermining the U.S. Supreme Court: Non-Jurisprudential Ideology and the U.S. Constitution

As in the case of the Roman Empire, which internal corruption likely weakened and even destroyed centuries after that empire had been a republic, modern republics are also not immune from internal decay. Even though political corruption can go under the radar, especially if systemic rather than merely episodic or around particular office holders, the subtle, gradual impact can be just as destructive than had Carthage defeated Rome’s general, Skippio Africanus, in north Africa. Making subtle decadence all the more embarrassing is the fact that it can be right under the noses of upstanding office-holders. I contend that this is the case with Chief Justice John Roberts of the U.S. Supreme Court.

The full essay is at "Undermining the U.S. Supreme Court."

On the Potential of International Business to Render War Obsolete: The Case of Russian Gas

In a graduate-level course on international business, a professor sketched out the political-economic philosophy of international business, whose mantra is that if two or more countries have enough trade and foreign direct-investment, those countries would be less likely to go to war. In short, economic interdependence, thanks to international business, can render war obsolete and thus greatly enhance the human condition. Decades after I had taken that course, a business professor at the same university wrote extensively on the role that business can play in facilitating peace. Unfortunately, that economically-sourced theory of international relations downplays or ignores that the reasons or rationales for going to war and the decisions taken by a government for military-strategic reasons during a war can trump the (especially immediate) economic benefits from international business, whether in terms of imports, exports, or foreign direct-investment by foreign firms at home or by domestic firms abroad. This can occur even though revenue from taxes or state-owned enterprises having to do with trade and foreign-direct investment can help a government in fighting a war. The case of Ukraine cutting off Russian natural gas from traveling through Ukraine in pipes to the E.U. as of January 1, 2025 is illustrative of vulnerability in the theory of international business as a way to world peace.

The full essay is at "On the Potential of International Business."

Enjoy Your Holiday: On the Weaponization of Kindness

In Europe, the word holiday can refer to what in America is called a vacation, which of course can occur whether or not the vacation falls on a national holiday. Regarding the latter, the official designation of a holiday by a government renders the holiday valid anywhere in the country’s territory. This does not mean that very resident or even citizen is duty-bound to pay any attention to a given national holiday, but deciding not to celebrating a holiday does not thereby mean that it is not legitimate and thus valid. Deliberately acting out from the instinctual urge of passive aggression by refusing even to say the name of a national holiday in public discourse, as if a personal decision not to celebrate a national holiday eviscerates it on the national calendar can be viewed as a case of hyperextended projection from a personal dislike to the personal desire to cancel the national holiday, as if a personal dislike could nullify a national law or proclamation. Behind the passive aggression is none other than selfishness, which implies loving oneself over loving God. Theological (rather than psychological) self-love renders the world as a projection of the self, including its narrowly circumscribed (to private benefits only) interests. Hence, the unrestrained ego leaps from its own dislike to being entitled to unilaterally, as a private actor, nullify an officially designated national holiday as null and void. I contend that Nietzsche’s philosophy can shed some light on this modern phenomenon concerning Christmas, an official U.S. holiday. Kindness as actually passive aggression is tailor-made for Nietzsche’s eviscerating scalpel, which he wielded to expose the power-aggrandizement being exercised under the disguise of the moral injunction of Thou Shalt Not! 

The full essay is at "Enjoy Your Holiday."