Holding a Congressman at Gunpoint: Israeli Settlers Backed by the IDF

An old saying advises against “looking a gift-horse in the mouth.” Another says, “Don’t bite the hand that feeds you.” At least as of mid-June, 2026, Israel had not received either memo, because the country’s military, the IDF backed up the position of Israeli settlers who had just illegally detained—technically “kidnapped”—Rep. Ro Khanna (D-CA) while he was on a trip in the West Bank. U.S. President Trump had recently told the media that without the United States, Israel would not exist. The lack of gratitude shown to the U.S. by making sure that a visiting Congressman was treated well during his visit was palpable.

The full essay is at "Israeli Settlers Hold a Congressman at Gunpoint."

Independent U.S. Regulatory Agencies: Undermining the Chief Executive

On June 29, 2026, the U.S. Supreme Court ruled that the federal president has the authority to terminate the employment of heads of independent federal agencies at will, rather than only for cause. The latter requirement (i.e., due cause) would still hold for the Federal Reserve, which raises the question of whether a central bank should be distinguished from regulatory agencies. The value in buffering monetary policy from political pressure is why the Federal Reserve is not part of the executive, legislative, or judicial branches of the U.S. government, but is instead an independent central bank within that government. As a consequence, monetary policy does not require approval from either the U.S. president or the Congress. Hence, the “for cause” requirement for removing someone from the Fed’s board of governors cannot be disagreement with the person’s preferences or decisions regarding monetary policy. As for independent regulatory agencies in the executive branch, their independence undermines the unitary executive as well as the president’s role in implementing existing law.

The full essay is at "Independent U.S. Regulatory Agencies."

Columbia: The United States of South America?

On March 8, 2026, The Associated Press reported on the voting in Columbia that took place that day “for a new Congress and to select candidates . . . in a primary-style contest ahead of a presidential election in May.”[1] This description could hardly be more “American,” in the sense of referring to the United States. I contend that this allusion to the U.S. is overdrawn. Were Columbia to apply for membership in the U.S., the accession would pertain to becoming a state, rather than to Columbia as a United States of South America merging with the other United States. Put another way, even though Columbia appropriated from the federal level of the U.S. in creating a presidency, a Congress that in turn consists of “The Senate” and “The House of Representatives,” and a presidential election process that includes something akin to primaries, Columbia corresponds to the American states (only without being members of a union as they are) rather than to the United States. Columbia’s accession into the U.S. as a state would not instantiate an empire within an empire.

The full essay is at "Columbia."

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1. Astrid Suarez, “Colombians Are Electing a New Congress and Choosing Presidential Candidates,” The Associated Press, March 8, 2026.

Police Ignoring Laws in Florida: A Case of Systemic Corruption

Systemic corruption means not only that a department or agency has an organizational culture that allows for and may even laud corruption, but also that a city hall, as well as larger jurisdictions such as member-states and even federal agencies may be enabling the corruption by looking the other way and even lying to cover-up the lower-level corruption. A study at Florida Atlantic University published in the Journal of Criminal Justice identifies 24 categories of police misconduct in Florida from 2012 to 2023. Even though it is tempting to highlight violent illegal acts by police employees, lying regarding criminal law and refusing to take reports of criminal activity may be more detrimental because such misconduct is probably more common than is the violent sort. If so, the extent of corruption and the underlying false sense of entitlement by police patrol-employees and even their supervisors may be vastly understated in the United States.

The full essay is at "Local Police Enabled in Florida."

Is Healthcare a Human Right?

Humanity still has not come to a consensus on what are entailed specifically within the rubric of human rights. Even in terms of those specifics that have come to be generally held to be human rights, such as in designated war crimes and crimes against humanity by international agreement, the lack of de jure and de facto enforcement render such agreement nugatory in practice. As a result, calls for human rights are in effect calls for warring to stop. The enforcement that goes along with laws legislated by governments render any consensus on what constitutes human rights more substantive in practice. This is undercut, however, in empire-scale polities of polities, such as the E.U. and U.S., to the extent that human rights are carved out at the federal level to applied across differing cultures. Such ideological diversity between the American member-states has triggered drastically-different notions of just what are included as human rights to be played out in Congress. The debate over the government-financed health-insurance program for the poor in 2025 illustrates such a lack of consensus, which in turn suggests that the member-states should play more of a role in how or even whether to provide free insurance to the poor. Sometimes, one size doesn’t fit all. In short, the matter of federalism is very relevant up front, before matters of the proper role of government itself and of human rights are decided. In other words, the qualitative and quantitative differences between a union of states and a state are very relevant up front, lest states eventually peel off in utter frustration with a one-size-fits-all approach to policy-making to fit an empire composed of member-states.

The full essay is at "Is Healthcare a Human Right?"

On the U.S. President as Chief Executive

As the chief executive of the U.S. Government, the president is tasked with executing the law—the passage thereof involving both the Congress and the presidency. It follows that a president cannot legally stand in the way of appropriated federal funding of projects and programs once such allocations have become law. For otherwise, a president could simply ignore appropriations passed by the Congress and signed into law by a previous president. The powers of the unitary executive would reach dictatorial proportions. Within roughly one week of being sworn into office for his second term in 2025, U.S. President Trump decided to pause all foreign aid, and “grants, loans and other federal assistance . . . to ensure spending is consistent with Trump’s priorities.”[1] Those priorities, I submit, would properly have influence on bills in Congress that were not yet laws, as per the legislative veto-power of the presidency and the ability of a president to put pressure on members of Congress by speaking persuasively directly to the American people. The value of leadership available to a presiding role should not be ignored. In terms of symbolic leadership befitting a presider in chief, refusing to enforce laws sends the wrong signal. To be sure, delaying rather than cancelling funding that has already been appropriated as law may fall within reasonable discretion that goes with the executing, and thus executive, function. However, the size, or magnitude, of the federal spending being held up but not cancelled may test the test of reasonableness. This may also be so if the political dimension—that is, the salience of political judgment in the issues involved—is significant.

The full essay is at "On the U.S. President as Chief Executive."

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1. James Fitzgerald and Ana Faguy, “White House Pauses Federal Grants and Loans,” BBC.com, January 28, 2025.

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."

The U.S. Supreme Court Reining in Regulatory Agencies: Implications for the Imperial Presidency

In Loper Bright Enterprises v. Raimondo handed down by the U.S. Supreme Court on June 28, 2024, a majority of the justices overruled Chevron v. Natural Resources Defense Council, which had been the precedent giving regulatory agencies considerable discretion in coming up with specific regulations, given the penchant of the Congress to write vague laws. In the overturning case, a group of fishermen had objected to having to pay for government observers to board the fishing boats to monitor the fishing. On the merits, it does seem unfair for regulatory agencies to charge the regulated to be regulated. In overturning Chevron, however, Loper has much broader implications, chief among them being in terms of separation of powers—specifically in reining in the expanding power of the executive branch, here at the expense of the judiciary.   

The full essay is at "The U.S. Supreme Court on Regulatory Agencies."

On the Role of the U.S. Supreme Court in Safeguarding the Peaceful Transfer of Power

In the E.U., the state governments and federal institutions can ask the European Court of Justice (the ECJ) for an opinion on a legal matter. This is rare in the U.S., though waiting for a dispute to winds its way formally through district and appellate courts may be unduly bureaucratic, not to mention lengthy. On December 11, 2023, Special Counsel Jack Smith asked the U.S. Supreme Court the ECJ’s counterpart, to decide whether the former U.S. president Donald Trump had any immunity from criminal prosecution of his involvement in the riot at the U.S. Capitol that interrupted the formal counting by a joint session of Congress of the Electoral College presidential ballots. The trial was set to begin the following March, and the question of the former president’s immunity had to be decided before the trial could begin. Hence the “extraordinary request,” which I contend should not be extraordinary given the time frame and the important role of the highest court in safeguarding American democracy from domestic threats.

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

The U.S. Enabled Turkey to Invade Syria: Absent the U.N.

Turkey invaded Syria on October 9, 2019 “to flush Kurds allied with the US out of northeastern Syria.”[1] Strategically, Turkey wanted to distance the Kurds from Turkey so they could not aid Kurdish separatists in Turkey should the latter rise up in attempting to establish Kurdistan. U.S. President Don Trump, who had just cleared American troops from northeastern Syria, had advanced knowledge from Turkish President Recep Erdogan that he planned to invade the area once the American troops were out. A rare bipartisan unity in Congress criticized the removal of American troops and the president’s acquiescence on Turkey’s plan to attach the Kurds, an American ally—a plan that could possibly give ISIS a toehold in the region. Both the Congress and the president had their respective rationales, yet neither side looked past the apparent dichotomy to arrive at a solution consistent with the points made by both sides.

The full essay is at "Dichotamous Thinking in Foreign Policy."

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1. Nicole Gaouette, “Republican Anger at Trump Grows as Turkey Launches ‘Sickening’ Attack on US Allies,” CNN.com, October 9, 2019 (accessed same day).

Is the U.S. Congress Too Beholden to the Financial Industry?

That financial deregulation had any traction at all following the financial crisis of 2008 in the U.S. is stunning, for the implication is that Wall Street money has tremendous influence in the U.S. Governent even after Wall Street banks have screwed up (even in triggering a financial crisis!). 

CFTC Chairman Gary Gensler staring down the big banks  

The full essay is at "Is Congress Owned by the Banks?"

U.S. Constitutional Checks and Balances Under Threat: Congressional Oversight

Ambition checked by ambition. The assumption that political ambition can be counted on is the key to the “checks and balances” feature of the U.S. Constitution. Each of the three “arms,” or “branches,” of the federal government is checked by at least one other. This is not to say that the other arm takes over the function or even has greater competence; rather, the other arm is oriented here to providing accountability on abuses of power and investigating cases of gross negligence or incompetence. An offended branch should thus not be permitted to claim that oversight is not appropriate because it interferes with the function the branch. Treating oversight by another arm of the federal government as inherently partisan or illegitimate eviscerates the vital “check and balance” aspect of the U.S. Constitution. In disputes on oversight between two branches, the benefit of the doubt ought to go with the overseeing branch because it is only natural for human beings to resist being held accountable and so accountability itself needs a boost. I have in mind the case the director of national intelligence, Joe Maguire, blocking the inspector general from sharing an intelligence-whistleblower’s complaint with Congress in September, 2019.

The full essay is at "Constitutional Checks and Balances."

The FAA Deferred to Boeing on the 737 MAX Jet

After a misfiring-prone automatic stall-prevention device on the 737 MAX jet had caused two accidents in which 346 people died, an internal review at the U.S. Federal Aviation Administration, a regulatory agency, found that the regulators had relied too much on Boeing employees to conduct the safety inspections of the planes. Incredibly, Congress expanded the industry-reliance practice of the agency in 2018. Both the FAA and Congress were admittedly motivated by the added efficiency that such “sub-contracting” could bring. However, to focus on the economic benefit while ignoring the inherent (and obvious) conflict of interest in “sub-contracting” to the very companies that are regulated by the FAA is itself a red flag. A subservient or over-reliant regulatory agency cannot be a check on a company’s claims of not having sacrificed safety or even safety checks in order to focus more on profitability.  Of course, the political influence of a large company such as Boeing may have played a role in the FAA’s “back-seat” approach, but in this case the government’s own interest in stretching the coverage of its human resources may have been dominant. That such an interest could involve minimizing or ignoring outright such a blatant conflict of interest may point to a wider culture in which institutional conflicts of interest are presumed to be innocuous or even benign rather than too toxic to permit even if they have not been actively exploited.  

The full essay is at "FAA Deferred to a Regulatee."

The U.S. Department of Justice: Big Banks May Legitimately Be above the Law

The Financial Times reported in 2013 that lawmakers in the U.S. Congress were claiming that the Department of Justice had been “too soft on big banks and their executives by failing to bring criminal cases related to the financial crisis.”[1] In the five years following the financial crisis of 2008, no Wall Street executive was criminally charged with fraud. The U.S. Justice Department chose not to go after the bankers for their lack of due diligence regarding their purchases of sub-prime mortgages from mortgage originators. This in spite of the fact that at Citibank, for example, a manager in the bank’s due diligence department estimated that 50% to 80% of the approved mortgages did not meet the bank’s credit policy, and yet Robert Rubin, the CEO at the time, did not act on the manager’s email. This suggests that a criminal complaint could have been lodged against the bank itself, but then what would be the implications for the financial system should Citibank had gone under after being found criminally guilty? Does it even hold that a guilty verdict would mean bankruptcy? Simply stated, a company can be so large that its failure due to a guilty verdict could harm innocent third parties, including stockholders, employees, suppliers, and even the general public if the bankruptcy triggers a systemic collapse of the financial system. Such concerns are called collateral consequences. After the collapse of Lehman Brothers in September 2008, systemic risk became a particularly salient concern for criminal prosecutors at the U.S. Department of Justice. Swayed by a desire to minimize the potential disproportionate harm to innocent parties from a verdict-triggered major bankruptcy, the prosecutors believed they were obligated to consider collateral consequences even if that meant that the really big banks would be immune from criminal prosecution. To such banks, this could be used as a competitive advantage because keeping within the constraints of law in making money would not apply. I contend, therefore, that the U.S. Government should not have taken collateral consequences into consideration. 

The full essay is "Big Banks above the Law."

 Mythili Raman testifying before Congress. mainjustice.com

1. Shahien Nasiripour and Kara Schannell, “Holder Says Some Banks Are ‘Too Large’,” The Financial Times, March 7, 2013.

Big Bankers and the U.S. Government: A Coalition Circumventing Accountability on Wall Street

It is interesting that the U.S. Department of Justice did not pursue the fraudulent bankers on Wall Street not only during the Bush presidency, but also the following presidency, that of Barak Obama.  Not coincidentally, Goldman Sachs was the single biggest campaign contributor to Obama’s 2008 candidacy for president. It would seem that Wall Street had both political parties in a net by the time of the financial crisis in September, 2008. A sector of the economy being able to control both major parties is bad for not only industrial policy (i.e., favoritism), but also democracy. In short, a government should have enough strength to constrain a business sector, rather than being subject to it. The latter condition implies continued vulnerability should greed again get ahead of itself on Wall Street. By nature, greed, if allowed to go on running on its own steam, accumulates more and more momentum.

The full essay is at "Wall Street and the U.S. Government."

Behind Corporate Loopholes: Wealth and Power

A company in the U.S. wants a tax loophole to apply. Starbucks, for example, wanted to be able to use the manufacturing deduction by stretching manufacturing to include the roasting of coffee beans. So in 2004 the company hired Michael Evans, a lobbyist at K&L Gates who had just a year before worked as a top lawyer on the U.S. Senate Finance Committee, which writes tax law. Evans was able to urge his former colleagues in the Senate to expand the definition of manufacturing to include roasting in a clause added to a 243-page tax bill called the American Jobs Creation Act.  As you might imagine, Starbucks was not the only company to get a tax break written into that law. By 2013, the manufacturing deduction had saved Starbucks $88 million that the company would otherwise have had to pay in corporate income tax. In 2012, corporate tax breaks and loopholes added $150 billion in lost revenue for the federal government, increasing the budget deficit by that amount.[1] Three lessons can be gleamed from the hidden corporate loopholes.

The full essay is at "Behind Corporate Loopholes." 

1 Ben Hallman and Chris Kirkham, “As Obama Confronts Corporate Tax Reform, Past Lessons Suggest Lobbyists Will Fight For Loopholes,” The Huffington Post, February 15, 2013.

On the Unitary and Imperial American Presidency

In December 2009, Abdullah II, King of Jordon, dismissed the prime minister and replaced him with a palace aide and loyalist, dissolved Parliament, and postponed legislative elections for a year.   For all the defects of a representative democratic system, it is far superior to autocratic rule, especially by a dictator.   It is natural for people to resist preemption. “The nature of humans is they want democracy,” said Ali Dalain, an independent member of the Parliament that was dissolved. “One person cannot solve all problems and cannot make everyone happy, so people must share in determining their fate.”[1] These quotes are revealing from the standpoint of the American notions of the unitary executive and the imperial presidency.    

The full essay is at "The Unitary and Imperial U.S. Presidency."

1. Michael Slackman, "Jordan's King Remakes His Government," The New York Times, December 22, 2009.

U.S. Attorney General Barr's Decision on the Mueller Investigation of President Trump: On the Invisible Personal and Institutional Conflicts of Interest

On March 24, 2019, U.S. Attorney General William Barr sent to Congress his summary of Robert Mueller's report on whether President Donald Trump's 2016 campaign had colluded with the Russian government and whether the president had obstructed justice. According to Barr, Mueller had found no evidence of collusion. As for obstruction, Barr wrote that Mueller "did not draw a conclusion one way or the other as to whether the examined conduct constituted obstruction."[1] On this point, Mueller himself had written that 'while this report does not conclude that the president committed a crime, [the report] also does not exonerate him."[2] Mueller had laid out evidence and arguments on both sides of the question of obstruction, and Barr determined that the "evidence fell short of proving [that the president] illegally obstructed the Russia inquiry."[3] The New York Times went on to call this "an extra-ordinary outcome."[4] Barr did not detail his reasoning in deciding the matter of obstruction. According to the New York Times, he "appeared to be focusing on the question of whether investigators could prove that [President Trump] had 'corrupt intent' in instances where the available evidence about his motivations was ambiguous."[5] But in focusing on a lack of evidence that the Trump campaign reached any agreement with the Russian government on sabotaging the election, legal experts said," Barr "left out other reasons the president may have had for wanting to stymie a wide ranging investigation: It could uncover other crimes and embarrassing facts."[6] In other words, Barr's parameters may have been too narrow. The way Barr framed the contours for his decision might not have been an accident, given his personal conflict of interest. More important than this, I submit, is the continuing institutional conflict of interest facing the Justice Department in investigating its boss, the chief executive.

The full essay is at "Investigating Personal and Institutional Conflicts of Interest."

1. Eli Watkins, "Barr Authored Memo Last Year Ruling Out Obstruction of Justice," CNN.com, March 24, 22019.

2.Mark Mazzetti and Carol Benner, "Mueller Finds No Trump-Russia Conspiracy but Stops Short of Exonerating President on Obstruction," The New York Times, March 24, 2019.

3. Charlie Savage, Mark Mazzetti, and Katie Benner, "Barr's Move Ignites a Debate: Is He Impartial?" The New York Times, March 26, 2019.

4. Ibid.

5. Ibid.

6. Ibid.

U.S. President Trump’s Spending on a Border Wall: Federalism at Risk?

U.S. President Trump announced in February of 2019 that he would fully fund a wall on the U.S.’s southern border. He would first use the $1.375 granted by Congress to be followed by  $600 million from a Treasury Department asset-foreclosure fund for law enforcement, $2.5 billion from a military anti-drug account, and $3.6 billion in military construction funds.[1] The president’s rationale hinged on his declaration of a national emergency due to illegal immigration, drug-traffic, and crime/gangs—all having been coming across the border on a regular basis. In federal court, sixteen of the U.S.’s member-states challenged the president’s declaration and use of funds. The U.S. president’s legal authority to declare national emergencies was pitted against the authority of the U.S. House of Representatives to be the initiator of federal spending legislation. The House therefore had standing to sue. The question of the states’ legal standing is another matter. It is particularly interesting because it involved not only whether a given state would be harmed by the wall or even the president’s use of other funding sources that could otherwise be used for other projects in the states not directly affected by the wall, but also because federalism itself could be negatively affected in a way that harms all of the states.

The full essay is at "Spending on a Border Wall: Federalism at Risk?"

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1. Charlie Savage and Robert Pear, “States’ Lawsuit Aims to Thwart Emergency Bid,” The New York Times, February 19, 2019.

Citizens United: A U.S. Supreme Court Ruling Ensconced in the Status Quo?

According to Rodell Molineau, executive director of the Democratic super PAC American Bridge in 2012, "The meta-lesson from [the 2012] election cycle is that showing up and participating in the process is key, which is something that we didn't do in 2010. I think a lot of Democrats ceded the field on super PACs because most people in progressive circles didn't believe in the Citizens United ruling."[1] The U.S. Supreme Court’s Citizen’s United ruling on January 21, 2010 opened up unlimited corporate and union spending on political campaigns. The fact is, sometimes you have to play by rules you don’t agree with in order to compete. The obvious danger is that one gets coopted by those rules in the process, even having a financial disincentive to push for a repeal of the problematic ruling. In other words, the ruling accrues the benefit of being the status quo and thus becomes extremely difficult to dislodge.

The full essay is at "Citizens United."

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1. Paul Blumenthal, “Democratic Super PACs Trim Conservative Advantage in Congressional Races,” The Huffington Post, November 10, 2012.