The Ukrainian Insurgent Army (UPA): Europe Living in the Past

In the midst of the ongoing military invasion by Russia in Ukraine, countries in Eastern Europe could hardly afford to dwell on the past and react against each other at the expense of being proactive and united in pushing Russia back to within its borders—coloring within the lines rather than unrestrained. Therefore, the E.U.’s parliament can be criticized for having spending time and effort on 8 July, 2026 on a resolution that criticizes Ukraine’s then-sitting president, Voladymyr Zelenskyy, for having renamed an elite military unit after the World War II-era Ukrainian Insurgent Army (UPA). Even though a large majority of representatives in the Parliament voted in favor of the resolution, the legislative chamber could have been oriented constructively to combatting Putin’s push into Ukraine rather than play into his hands by stoking division between Ukraine and the E.U. state of Poland. Generally speaking, European culture may be criticized for putting much weight on the past at the expense of the present and future. “The past will never change, but tomorrow is still open” should be taught in European classrooms as a maxim. In 2026, as in the immediately preceding few years, the E.U.’s self-handicap in responding sufficiently to helping Ukraine militarily can be chalked up to not letting go of the past to embrace the present in a way that is oriented to the future.

The full essay is at "The Ukrainian Insurgent Army (UPA)."

On the E.U.’s “Pragmatic” Federalism

It is ironic that even though European political theorists, including Immanuel Kant, Johannes Althusius, and Kenneth Wheare, made substantial contributions on the topic of federalism, even political leaders in the E.U. as late as 2025 were stumbling over the basics, getting the very concept wrong. Unfortunately, that has caused journalists to trip and fall too, leaving E.U. citizens grappling over the apparent problem of being citizens both of their state and the E.U. even though, according to former European Central Bank President Mario Draghi spoke in 2025 in favor of “’pragmatic federalism’ as the political conditions for a true, federal union do not exist in the E.U. at the moment.”[1] The claims that “pragmatic federalism” is somehow not indicative of “true” federalism, and, moreover, that somehow the E.U. has states that are semi-sovereign (as the E.U. itself has exclusive competences) and yet federalism does not apply are patently absurd. Draghi was confusing the politics of the moment, in which the anti-federalist, Euroskeptic ideology was still too powerful for more governmental sovereignty to be moved to the federal level from the states, with whether the E.U. had a federal system already. In other words, “political conditions” are distinct from whether the E.U. has a federal system of public governance. Draghi’s assertion is all the more astounding not only because of his governmental experience at the federal level, but also because the dual-sovereignty (of the states and the Union) means that the E.U. fits within the category of modern federalism rather than confederalism (using Wheare’s terminology). Europeans have quite understandably been confused in trying to classify the E.U. away from the pull of the anti-federalist ideology in Europe.

The full essay is at "On the E.U.'s 'Pragmatic' Federalism."

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1. Sandor Zsiros, “The EU Wants to End the Era of National Vetoes—But It’s Complicated,” Euronews.com, 23 December, 2025.

The E.U. without Enlargement: An Oxymoron?

The political debates concerning the accession of candidate states such as Texas, California, Alaska and even Hawaii into the U.S. were long past when the issue of enlargement became salient for the E.U. due to Russia’s unilateral, unprovoked invasion of Ukraine. In the American case, surely no one was arguing that the U.S. without being enlarged would cease to be credible, yet in 2025, a government official of the candidate state of Montenegro said as much of the European Union. Even if Filip Ivanovic was merely using rhetoric during an interview on October 4, 2025, even that should at least make sense. Making matters worse, his comments can be interpreted as ultimatums for the E.U. even though nothing binds the E.U. to annexing any future state. In fact, given the veto-power of state officials at the federal level in the E.U., enlargement should arguably come only after internal reform of the E.U.’s basic law concerning the power of the states at the federal level.

The full essay is at "The E.U. without Enlargement."

How to Craft a Non-Partisan Constitutional Court: The Case of the U.S. Senate Confirming Justices

In interpreting a constitution, justice is best carried out when the justices are non-partisan rather than politically ideological. To be sure, every living and breathing human being has a political ideology, even if implicitly. Even so, the institutional process by which justices are chosen can mitigate this point by being oriented to non-partisan candidates. In other words, a system can be designed so as to minimize the likelihood that a partisan of one political party or another will sit on a constitutional court. The confirmation of Neil Gorsuch to sit on the U.S. Supreme Court can provide some insights in this regard.

The full essay is at "How to Craft a Non-Partisan Court."

The U.S. Senate's Judiciary Committee meeting on Gorsuch's nomination on April 3, 2017. (NYT)

One-Party Rule at the State Level: Federalism at Work

With Congressional Republicans appearing “flummoxed by the complexities of one-party rule, struggling with issues from repealing the Affordable Care Act . . . to paying for President Trump’s promised wall on the Mexican border, rising party leaders in the states seem far more at ease and assertive. Republicans have top-to-bottom control in 25 states now, holding both the governorship and the entire legislature, and Republican lawmakers are acting with lightning speed to enact longstanding conservative priorities.”[1] 

The complete essay is at Essays on Two Federal Empires.

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1. Alexander Burns and Mitch Smith, “State G.O.P. Leaders Move Swiftly as Party Bickers in Congress,” The New York Times, February 11, 2017.

2. Ibid.

3. Ibid.