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."

Congressional Subpoenas: The Case of the Clintons

The rule of law is absolutely essential to a representative democracy being able to endure even as strong personalities in public office may seek to bend or even dismiss law for their own purposes. The notion that anyone subject to law gets a pass according to one’s own discretion and power is toxic to a republic being regarded as fair. Just as everyone has a right to due process in legal proceedings in the U.S., no one is above the law there. This applies to former presidents and secretaries of state, and thus to Bill and Hillary Clinton. Their written statement in refusing to recognize a Congressional subpoena as valid—a presumptuous stunt to be sure—reveals that they held the presumption of being able to decide whether a law to which they were subject was valid. This presumption could also be seen when Bill Clinton occupied the White House, for he deliberately lied under oath, “I did not have sexual relations with” Monika Lewinski even though she had performed oral sex with him in the Oval Office when she was a White House intern. My point is that the underlying pattern is clear with respect to a lack of regard for law itself (even though both Clintons went to Yale’s law school) and the presumption of setting oneself in the position of invalidating law to which one is subject. That Bill Clinton was no punished with incarceration in the 1990s was unfortunate even for him and his wife as they were not afforded the opportunity to learn a lesson.

The full essay is at "Congressional Subpoenas."

U.S. Presidential Encroachment on State Prerogatives

Both in the E.U. and U.S., the member-states are semi-sovereign, and are even guaranteed all residual sovereignty that is not in any of the enumerated competencies (i.e., powers) of the respective unions and the states. Europeans are smart to have multiple avenues for the state governments in the European Council and the Council of Ministers so those governments can protect themselves against encroachment by the Commission. To be sure, these safeguards go too far, especially given the sheer number of states even by the mid-2020s, in giving each state a veto especially on important matters in which qualified-majority voting does not apply. In other words, the safeguards against federal encroachment in the E.U. are excessive as long as each state can wield its veto against federal policies, legislation, and regulations. Regarding the latter, the directive means provides each state with some latitude. I suspect that the Europeans who constructed the E.U.’s federal system were in part fearful of federal encroachment because so much of that had already built-up in the U.S., where federal consolidation had become a threat to the governmental sovereignty of the member-states, as if they were just regions rather than republics holding even more sovereignty, on parchment at least, than does Congress and the federal president. So, it is worth taking not of the rare instances in which a state legislature pushes back against threats from the U.S. president on a competency (i.e., enumerated power) reserved by the states.  The rejection by the Indiana Senate of U.S. President Trump’s pressure to accept new districts for U.S. House representatives from Indiana—a map in which the Republican Group would likely pick up two seats—is important because Congressional-district maps are the prerogative of the states rather than an encroaching federal executive.

The full essay is at "U.S. Presidential Encroachment."

Empire-Scale Representative Democracy: The American Presidency

On the very day in which a health-care company’s executive collapsed in the Oval Office, with U.S. President Trump being the only person in the group standing and looking away in what looks like callous disregard instead of compassion or empathy, that president directed his Administration to appeal a federal judge’s ruling that the U.S. Government had to fund food-assistance, or SNAP (formerly “food stamps”) completely for the month in spite of the "government shutdown." On the next day, the Trump Administration demanded that the member-states that had just paid out full November benefits to SNAP recipients “’undo’ full SNAP benefits paid out under judges’ orders” because the U.S. Supreme Court “stayed those rulings.”[1] The photo of Trump literally looking the other way while everyone else in the Oval Office is bending over the collapsed man out of concern perfectly aligns with his lack of concern for Americans going without food due to the sudden stoppage of money for food without notice. That many employees of the U.S. Government who had been laid off without pay since earlier that November would be especially reliant on food-assistance money precisely because they were no longer obtaining income (or else they were receiving unemployment compensation at less than full pay) could be understood to be a matter of callousness rather than moral sentiments from Trump simply by looking at the photo.

The full essay is at "Empire-Scale Representative Democracy."

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1. Scott Bauer and Nicholas Riccardi, “Trump Administration Demands States ‘Undo’ Full SNAP Payouts as States Warn of ‘Catastrophic Impact,’” The Associated Press, November 9, 2025.

The U.S. Supreme Court Clipping Judicial Overreach

The separation of powers that characterizes governments in the United States assumes that each branch will act to further its own interests, given the salience of self-interest (and self-preservation) in human nature. It is assumed that the checks and balances between legislative, judicial, and executive branches will keep any one branch from dominating the other two, and, moreover, the government itself from becoming tyrannical at the expense of the liberty of the citizenry. It is not assumed or relied upon that a branch will prune itself without external pressure from one of the other branches. Yet the U.S. Supreme Court may have done so in ruling on June 27, 2025 to limit “the ability of lower-court judges to block executive branch policies nationwide.”[1] I contend that any real wing-clipping by 6 of the 9 justices is illusory rather than indicative of the federal judiciary unilaterally restricting itself.

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

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1. Abbie Vansickle, “Justices Put Limit on Judges’ Power, In Win for Trump,” The New York Times, June 28, 2025.

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.

The Tech Industrial Complex

Democracy, Plato and Aristotle both thought, is a governmental system that is most susceptible to the mob—meaning mob-rule. Accordingly, the Electoral College and the appointments of U.S. Senators by state governments, the latter being the case from the establishment of the U.S. Constitution to a few decades into the twentieth century, were meant to limit any damage from momentary passions of the People to the U.S. House of Representatives. The governments in the United States, like those in the European Union, are republics in which democracy is a part rather than the whole. What neither Plato nor Aristotle could foresee in their agrarian city-states is the threat to democracy by plutocracy—the system of government in which private wealth rules. It is less understandable why the American electorates have ignored repeated warnings of the threat, especially as governmental power has concentrated at the federal level since the war between the CSA and the USA in 1861.

The full essay is at "The Tech Industrial Complex."

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."

Democracy Breached: Georgia Unfit for E.U. Statehood

On December 14, 2024, Mikheil Kavelashvili became the president of Georgia, further cementing the Georgian Dream Party’s grip on power at the expense of the sovereign state’s accession as a semi-sovereign E.U. state. From the standpoint of representative democracy, what a contrast with the U.S. state of Georgia. The Georgian Dream Party implicitly conflated the qualitative difference between the U.S. and state-scale polities by misappropriating the term, Electoral College, which elects the U.S. President. There is a reason why that College does not apply at the state level, yet in its haste to consolidate power in 2017, the Georgian Dream Party replaced direct presidential elections with an Electoral College, which the party could control. Sure enough, Kavelashvili was the only candidate in 2024, and he got the votes of 224 of the 225 electors who were present for the vote.

The full essay is at "Democracy Breached."

Electing a U.S. President: What Is a Landslide?

A landslide electoral victory in representative democracy is typically limited to the criterion of the extent of the vote-spread between candidates for a given office. In regard to the U.S. presidency, the Electoral College presents an alternative criterion, especially as a significant difference in votes in the College may not be reflected in the popular vote. Although that vote is by member state, the totals from all of the states are typically used to assess whether a landslide has occurred and thus whether the winning candidate has a political mandate to implement campaign promises. Whether a landslide or not, winning an election legitimates a candidate implementing the platform on which a candidate has campaigned. So whether a candidate for U.S. president has a landslide has typically been over-emphasized by American journalists, as if not having a large spread in the popular vote—even if such a spread exists in the Electoral College vote (which is the vote that really matters in the election of a U.S. president)—means that the winner has no prerogative to enact one’s agenda. I contend that even under the assumption that an electoral landslide is important, there are alternative ways of assessing whether a landslide has occurred.

The full essay is at "Electing a U.S. President."

An Analysis of the 2024 U.S. Presidential Election: On a Party's Self-Serving Elite

The 2024 U.S. Presidential election warrants a post-partem analysis, not so much to affix blame, but primarily so the electorate might grasp the perils when the elite of a political party refuses to apply self-restraint in order to keep the party-wide platform and campaign speeches from reducing to the elite’s own favorite ideology even though it is not held by a significant number of the “rank and file” members (i.e., voters), not to mention independents. In other words, running a massive political party to serve the ideological agenda of what Bertrand Russell calls “the inner ring” can cost a party dearly on election day. I contend that this applied to the Democratic Party, which had become a center-left party still dependent on its non-college, working-class, members, whose cultural values were not necessarily progressive. To be sure, substituting managerially-oriented political calculation for visionary leadership and broad policy proposals that are based on principles rather than particular political interests can easily be perceived generally as small, especially in the context of the horrific military attacks against civilians in Ukraine and Gaza. It is paradoxical that Harris lost working-class voters who were socially conservative, and thus “anti-woke” (e.g., against men in women’s bathrooms and playing in women’s sports) even as she lost some liberals who believed that Harris, in explicitly stating on The View that she would not deviate from Biden, was too timid in standing up to Russia’s Putin (e.g., by withholding long-range missiles) and Israel’s Netanyahu rather than enabling the horrific military crimes against humanity with continued shipments of weapons as if the UN’s court were irrelevant to international law.

The full essay is at "An Analysis of the 2024 U.S. Presidential Election."

Taoist Climate Change on Halloween

In the midst of the intensification of the very polarized and thus divisive U.S. presidential campaign “season” (i.e., year) during its last week, Halloween of 2024 occurred in Boston, Massachusetts not only without the need of trick-or-treaters and their parents to wear winter coats, but also with the option of wearing shorts and short-sleeve shirts without even having to wear a light jacket. That this was so as late as 8pm was nothing short of surreal not only to New Englanders, but also to any transplants from the northern-tier Midwestern and Plains states.  It being around 70F degrees well into the dark hours was nothing short of unprecedented, and so much so that the negative impact of the cold climate in detracting from the holiday in prior years could finally be grasped. I had realized this more than a decade earlier when I was in Miami during Halloween. There is indeed a silver lining to global warming for people living in places that are cold during the late fall, winter, and early spring seasons, even as contrary to political correctness it is to admit this even to friends. The proclivity of the human mind/brain to divide up the world in terms of dichotomies of mutually-exclusive, antagonistic poles does not necessarily fit with empirically with the real world. Taoism speaks to this.

The full essay is at "Climate Change on Halloween."

On Electing a U.S. President: The Case of President Biden’s Age

One of the reasons why the delegates at the U.S. Constitutional Convention devised the Electoral College to elect the federal president was that they thought that even at 7 million, the population of the U.S. back then was too large for the even just the propertied people, who could vote, to know the candidates very well, if at all. At over 300 million, the U.S. population during the presidential reelection campaign of Joe Biden had to rely on the mass media and the political elite, including statements by the White House, for information on whether the sitting president was too old to serve viably in a second term. The limited number of presidential electors in the states would presumably be small enough that they could have the opportunity to size up the candidates in person. But with electors from fifty rather than just thirteen states, such an opportunity would not be likely. So given the exponential growth of the United States both in terms of member states and their respective populations, the originally anticipated benefit of the Electoral College would not still hold even if the two major political parties had not taken over the College. Even if the states’ respective electors were able to spend enough time in person with the candidates, the parties had ensured that those electors could not be autonomous and thus exercise their judgment. Instead, judgment could only be made at a distance by the massive American electorate whose perspectives have been very vulnerable to intentional manipulation through and even by the media. Put another way, the American people have been vulnerable to making a bad choice based on faulty information. This makes American representative democracy itself vulnerable.

The full essay is at "On Electing a U.S. President: Biden's Age."

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 Trump’s Eligibility to Run for President: Who Decides?

The 14^th Amendment of the U.S. Constitution “bans anyone who took an oath to uphold the Constitution but who subsequently ‘engaged in insurrection or rebellion against,’ or gave ‘aid or comfort of the enemies’ of the Constitution from seeking any federal or state office.”[1] Did Donald Trump, when he was President of the United States, engage in insurrection? Furthermore, who decides this and bars him from office?

The full essay is at "Deciding Trump's Eligibility." 

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[1] S.V. Date, “Trump May Need Supreme Court To Say His Coup Attempt Does Not Violate Constitution,” The Huffington Post, September 2, 2023.

The Senate Trial of President Trump: Riddled with Conflicts of Interest

At the beginning of a U.S. Senate trial on whether to remove an impeached U.S. president from office, the senators take an oath to be impartial jurists. The impartiality is important because the senators are theoretically to listen to the partial U.S. House prosecuting managers and the president’s defense lawyers. Were the senators themselves partial, they would simply reflect the two sides that make their respective cases. In the trial of Donald Trump, I submit that few if any senators had any intention of being impartial and thus as serving as a jurist rather than as an extension of the prosecutors or defense. In effect, the verdict is left to whichever political party controls the Senate. I contend that having the Senate try presidents is problematic due to conflicts of interest.

The full essay is at "A Constitutional Conflict of Interest."

The Case for a Presiding President in Russia

On December 31, 2010, a Russian judge sentenced Mikhail Khodorkovsky, the Russian tycoon who had been imprisoned in 2003 after defying Vladimir Putin, to an additional six years in prison. According to The New York Times, "It was a politically tinged decision that undermined President Dmitri Medvodev."[1] Leonid Goman of the Right Cause Party in Russia agreed. "It was obviously a political, not a judicial, decision." He went on to say that in general terms, "corruption is endemic, government power is often abused and senior politicians are rarely, if ever, held accountable for misdeeds."[2]  Clearly, Prime Minister Putin was still very much in control in Russia.  His message was that wealthy businessmen should not interfere in Russian politics. What a contrast to American politics, especially after the U.S. Supreme Court's Citizens United case!  Khodorkovsky was at one time the richest person in Russia, having been one of the oligarchs who bought government assets at bargain prices after the fall of the USSR, but he financed opposition parties in a political system that was anything but democratic.

Analysis is at "The Case for a Presiding President in Russia."

1. Clifford Levy, "Russia Extends Prison Sentence of Tycoon 6 Years,” The New York Times, December 31, 2010, p. A1.
2. Ibid. 

Inconvenient Truths

When I was a post-doctoral student, I sat in on a course on German films during World War II. The instructor was an 80 year-old German man whose parents had been forced into sending him to a Hitler Youth camp. I asked him once whether he had seen Hitler in person, and, if so, did he look like how the documentaries have him pictured. Having the respect for knowledge that should be expected from a scholar, he told me that he had indeed seen Hitler in person. The brutal Nazi dictator was authentically smiling during his visit to the Hitler youth.  I was surprised, as I had been brought up with the image of the grizzled grins and terse glares.  To be sure, the victor’s history fits the horrendous crimes committed, but at the cost of objectivity, which any historian should value. The subjective historical portrayal and the German professor’s honest answer led me to wonder what Hitler was really like as a person. Even the epitaph of monster does not fit with the notion of the banality of evil visible at the Eichmann trial in 1961. Eichmann had been responsible for making the trains run on time to the concentration camps.

About a decade after my conversations with the German professor, I met a 92 year-old American veteran of World War II.  Did the American people know of the holocaust? I asked. Only after the Japanese attack on Pearl Harbor in Hawaii, he answered. Before the U.S. went to war, the European war was something far away. When the U.S. was at war in Europe and Asia, Jewish leaders in Europe asked President Roosevelt to bomb the train tracks that were carrying the cattle-cars to the ovens. Roosevelt, the veteran said, told the Jews that he didn’t have time for that. “Wow, that’s a story!” I said in astonishment. One of the veteran’s daughters asked him how he knew this. “It was common knowledge at the time,” he replied. I had not even known that the American public knew of the gas chambers before the liberation of the camps. Even if Roosevelt wanted to be focused on military objectives because achieving them would mean winning the war, that he felt he didn’t have time to thwart the Nazis from transporting human beings to ovens astonishes me. I asked the veteran if the very language, cattle-cars to ovens applied to human beings shocked Americans during the war. He replied that “surprised” is not the right word for it. He did not characterize how he and other Americans had taken the news, which I found interesting.

The full essay is at "Inconvenient Truths."

The Post

In Spielberg’s The Post (2017), the fateful decision to publish portions of the Pentagon Papers centers on Katharine Graham’s being willing to rebuff her newspaper’s lawyers, who represent the company’s financial interests, in favor of Ben Bradlee’s argument that free speech of the press as a check on government in a viable democracy—the company’s mission—is of overriding importance. As important as this critical decision was historically, I submit that the film allots too much attention to the decision and even the relationship between Graham and Bradlee at the expense of other deserving matters.

The full essay is at "The Post."