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.

Behind Political Culture: U.S. President Clinton’s Lying under Oath

The stature that comes with occupying (and even having occupied) public office, whether elected or appointed and especially if high office, combined with the ability to attract the attention of the media such that the (former) official’s statements have the credibility of pronouncements, and thus of being true rather than false statements, is rarely examined for what the stature and societal “mouth-piece” imply (i.e., veracity). A very high former elected representative who has even admitted lying under oath in a court proceeding back while in office can very easily be assumed decades later to be making a true statement by the public even though that statement is practically identical to the statement known (and admitted) to have been false. Even published photos that are strong evidence that the second statement is false can be dismissed by a public too liable to being beguiled by clever political birds of prey. I have in mind here the twin statements of Bill Clinton, who was the U.S. President for two terms in the 1990s and went on to associate with Jeffrey Epstein, the infamous head of the child-prostitute sex-ring, and at least one of his paid girls.

The full essay is at "Behind Political Culture."

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."

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."

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.