Showing posts with label modern federalism. Show all posts
Showing posts with label modern federalism. Show all posts

Monday, June 29, 2026

Italy Thwarts E.U. Lawmakers Inspecting an Off-Shore Migrant Centre

On 17 June, 2026, the E.U. formally adopted a federal law, the Return Regulation, that allows states to set up “return hubs” outside of the E.U. for the returning of migrants back to their respective countries. On 29 June, 2026, elected representative in the Greens/EFA party in the E.U.’s parliament “were prevented from carrying out a full inspection of the Italian-run migrant detention centre in Gjadër, northwest Albania—a facility at the center of one of [the E.U.’s] most debated offshore migration experiments.”[1] Even though Albanian police patrolled the perimeter of the facility, that it was Italian-run means that state employees, rather than the foreign police, who were thwarting federal lawmakers in their inspection of the facility even though a federal law rendered the facility legal under federal law. Such obstructionist behavior does not bode well for the E.U.’s federal system, wherein both the federal and state legislative bodies are legitimate.


The full essay is at "Italy Thwarts E.U. Lawmakers Inspecting an Off-Shore Migrant Centre."

Sunday, June 28, 2026

E.U. Emergency Assistance to Venezuela: Coordinating Federalism

Whereas when the U.S. responds to natural disasters abroad, the resources of all 50 states are combined in a federal-level response, the E.U.’s Civil Protection Mechanism limits the federal level to coordination and instead relies on the states to deploy resources, including personal. I contend that the European arrangement is more in keeping with federalism than is the federal-only arrangement of the Americans. Moreover, involvement at both federal and state levels reflects and facilitates one of the benefits of federalism, wherein each level has the strength to act as a check on the other. Programs in which the federal level coordinates and the state governments deploy can help keep a federal system from lapsing into a “one-size-fits-all” consolidated rather than federal system. The U.S. could stand to take a lesson in this respect.


The full essay is at "E.U. Emergency Assistance to Venezuela."


Monday, June 1, 2026

The E.U.’s Immigration “ICE”: The Pros and Cons of State Implementation

On 1 June, 2026, the E.U.’s two legislative chambers agreed informally on text for a law called Return Regulation, which is oriented to facilitating the return of illegal aliens to their respective countries. Both The European Council, the “upper chamber,” and the European Parliament, the “lower” legislative “chamber” (roughly corresponding to the U.S. Senate and the U.S. House of Representatives, respectively) worked in what in American parlance is called a Congressional reconciliation or conference committee to agree to text enabling state police to enter the domiciles of illegal immigrants and state governments to set up detention centers outside of the European Union. That the federal law relegates implementation to the states illustrates just how different E.U. federalism differs from U.S. federalism even though both systems are “modern” rather than confederal in that governmental sovereignty in both unions is split between the federal and state levels. Even though the E.U. after thirty years was like the U.S. after its first thirty years in that most of that sovereignty was at the state level, the use of state governments to implement a federal law differentiates the European federal system from the American one. Both advantages and disadvantages go with leaving implementation largely up to the states.


The full essay is at "The E.U.'s Immigration 'ICE'."

Thursday, May 28, 2026

California and Florida: Different Political Cultures in the U.S.

As evinced by Canada’s prime minister Mark Carney likening a planned referendum on whether Alberta should vote to separate from the rest of Canada to “Brexit,” in which Britain seceded from the E.U., as if the UK in the European Union were equivalent to Alberta in Canada, political category mistakes can run rampant without being detected as such. Referring to the referendum in the province, Carney said, “That is a very dangerous bluff.” He was “pointing to the turmoil that followed the United Kingdom’s vote to leave the European Union.”[1] The implied false equivalence of Canada and the E.U., as if the former too had been formed out of countries, is as incorrect as that which Carney was more directly assuming between Alberta and Britain. A region of a country, even if the latter has a federal system, is not equivalent to a country that joins a political union such as the E.U. and U.S. That Britain was once the host kingdom in the British Empire, and thus equivalent to other members of the empire, including Ireland and Virginia, does not mean that the UK as a state in the E.U. was equivalent to the latter, or to other political unions consisting of early-modern-scale countries.


The full essay is at "California and Florida."



1. Mike Blanchfield and Sue Allan, “Carney Warms Alberta Not to Pull a “Brexit,” Politico, May 25, 2026.

Monday, May 4, 2026

The E.U.: A Political Union

Strong’s The Antifederalist is a series of essays critical of the American federal system in which governmental sovereignty is “dual,” meaning that both the Union and the member-states have at least some such sovereignty that the other cannot abolish or override. Had more credence been paid to the arguments in that text, perhaps the state governments would have more power at the federal level to protect their retained sovereignty from federal encroachment. The drafting of the E.U. paid more heed to those arguments in terms of safeguarding state sovereignty by considerable direct involvement of state officials at the federal level. Even so, Euroskeptics have warned of a centralized state in the process, and the U.S. has furnished them with an actual instance of a nearly consolidated empire-scale federal system. The warnings may thus be valid even with the additional safeguards that the E.U. has but the U.S. lacks, at least as of 2026, but claims that the E.U. does not have a federal system and is not a political union of states ring hollow as they are utterly false. So too, but the way, is the mislabeling of the E.U. as a bloc. The E.U.’s parliament alone knocks out all three of these ideological claims.


The full essay is at "The E.U.: A Political Union."


Thursday, February 12, 2026

On the E.U.’s Complex Federal System

Because the “the EU is built on consensus at 27” states,[1] by 2026 it had become painfully obvious to Europe’s elite that its Union had come to harbor a great disadvantage in terms of united or collective action because political consensus can be elusive even at 27 states, each of which could result to a veto on reforms at the federal level, with enlargement of the Union from 27 on the horizon. Something had to be done, given the intransigence of the principle of unanimity in the European Council and the Council of Ministers. Direct access of the state governments at the federal level could stave off too much federal encroachment on the prerogatives of the state governments, but the costs associated with this safeguard were becoming too high. Therefore, in February, 2026, E.U. state and federal officials met to give added weight to something called “two-track Europe.” In actuality, there were already more than two tracks in the European Union. Although complex, the means of releasing the Union from the high bar needed to achieve unanimity or even consensus among the several states could well save the Union from the paralysis of division. The outdated premise that united action should only be allowed when there is no division had become too utopian for federal Europe. Multiple-speed Europe in the E.U. is actually more in line with the E.U.’s federal system already being genuine.


The full essay is at "On the E.U.'s Complex Federal System."

Thursday, January 22, 2026

Ukraine’s Zelensky Nails the E.U.

On a day when “(a)pproximately 4,000 building in Kyiv lacked heating . . . as temperatures plunged to -20C amid Ukraine’s coldest winter in years, almost four years into Russia’s full-scale invasion,” Ukrainian President Volodymyr Zelenskyy “delivered a scathing critique of European inaction at the World Economic Forum . . . , declaring that the continent ‘looks lost’ and remains trapped in endless repetition of failing to defend itself or decisively support Ukraine.”[1] Zelensky lamented, “Repeating the same thing for weeks, months, and of course, years. And yet that is exactly how we live now.”[2] In particular, he was referring to the fact that just as the U.S. had been sinking drug boats, the E.U. could have been sinking Russian oil tankers even near Greenland. “We will solve this problem with Russian ships,” he said. “They can sink near Greenland just like they sink near Crimea.”[3] Why was Europe repeating the same “day” over and over again, as in the film starring Bill Murry, Groundhog’s Day? Zelensky had the presence of mind to identify the root problem though his wording was antiquated.


The full essay is at "Ukraine's Zelensky Nails the E.U."


1. Aleksandar Brezar, “Zelenskyy Says Europe ‘Looks Lost’ and Living in ‘Groundhog Day’ in Scathing Davos Address,” Euronews.com, January 22, 2026.
2. Ibid.
3. Ibid.

Wednesday, December 31, 2025

A Big-State Governor Usurps the Role of the European Council's President

The governor of a large state, if speaking for the E.U., risks not only undercutting federal officials who can speak for the E.U., but also subtly orienting federal policy in the interest of that state rather than the entire union. It is important, therefore, that the president of the European Council be tasked with speaking publicly for the Council, rather than usurped.


The full essay is at "Big States in the European Council."

Saturday, December 13, 2025

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."

Thursday, November 27, 2025

We Don’t Have Another America: Ukraine on the E.U.

On America’s Thanksgiving Day, 2025, Dmytro Kuleba, a former foreign minister of Ukraine, was asked whether Ukraine’s government officials could trust American officials negotiating with the Russian officials, given the fact that Steve Witkoff, the U.S. Envoy at the time, had recently been caught coaching Kirill Dmitriev, a top Russian official, on how to get U.S. President Don Trump on the side of Putin even though the ongoing Russian invasion of Ukraine was still in violation of international law, which, by the way, trumps historical reasons, such as a lost Russian empire. Stalin’s forced famine in Ukraine during the 1930s would seem to nullify any imperial claims from the past. Kuleba relied to the journalist’s question with, “Not really, but we do not have another America.”[1] He was really giving Europe a wake-up call, but the problem there was not a lack of consensus, but a structural deficiency in the federal system of the European Union.


The full essay is at "We Don't Have Another America."



1. Mared Gwyn Jones, “European Decision-Making on Ukraine ‘Embarrassing,’ Former Foreign Minister Kuleba Says,” Euronews.com, November 27, 2025.

Friday, July 4, 2025

Putting a State in Charge of the E.U.

If only Ukraine could become the 51st member-state of the U.S., rather than the 28th state of the E.U., given the veto of Viktor Orban of the E.U. state of Hungary on the E.U. annexing Ukraine. Besides the inherent problems that come with relying so much on the principle of unanimity in the European Council and the Council of the E.U., mislabeling the prime minister of the state that chairs the legislative committees known collectively as the Council of the E.U. as the E.U. president not only marginalizes the federal officials, including President Von der Leyen, who, as the head of the E.U.’s executive branch, can rightfully be considered as the president of the European Union. In contrast, government officials of a state chairing legislative committees can hardly be said to collectively be the “presidency” of the European Union. Behind the promotion of this fallacy is the anti-federalist, or Euroskeptic, political ideology that misconstrues the E.U. as merely a network of intergovernmental relations between the states.


The full essay is at "Putting a State in Charge of the E.U."

Sunday, June 29, 2025

E.U. Flag Day

Both the E.U. and U.S. have their respective flag days during the month of June—on the 29th and 14th, respectively. This isn’t the only thing that the flags have in common, and what sets both off from the flags of the states. I contend that these similarities and difference regarding political symbols can function as markers for what both unions are as complex polities of polities even as ideologies seek to obfuscate and dissimilate, even dismissing or ignoring the history of both unions. In other words, flags don’t lie; people do.


The full essay is at "E.U. Flag Day."

Saturday, June 21, 2025

The E.U. Stance on Tariffs: Pressure from the States

After the U.S. took the decision to impose reciprocal and car tariffs on the E.U., it did not take long for several of the E.U. states to pressure the federal executive branch, the European Commission, to punch holes in the E.U.’s counter-tariffs so favored industries in the E.U. would not face higher prices on supplies from the United States. As in U.S. states, E.U. states have their own dominant industries, whose financial interests it is only natural for government to protect, as jobs translate into votes. But pressuring the E.U.’s federal government to carve out exceptions for imports desired by favored industries at the state level, such as automobiles in the E.U. state of Germany, would deny the E.U. the full benefit of a united front that federalism can provide against other countries. For maximum leverage in trade negotiations, unilaterally removing counter-tariffs is not wise; it is like a person intentionally tripping over himself while trying to get to the grocery store. Given the regional pressures, trade is rightfully one of the enumerated powers, or exclusive competencies, of the E.U. rather than a shared competency or a power retained by the states.


The full essay is at The E.U. Stance. "

Wednesday, June 18, 2025

American Federalism and Equal Protection: Transsexual Children in Tennessee

On June 18, 2025, the U.S. Supreme Court ruled that a Tennessee law blocking transsexual children from being able to undergo puberty-blockers and gender-changing surgeries does not violate the Equal Protection clause of the U.S. Constitution. The court’s 6-3 opinion in U.S. v. Skrmetti was reported at the time to fall “largely along conservative-liberal lines.”[1] By this is mean ideological lines, both moral and political in nature. Such is grist for the mill for the broad judgment of an electorate, in what is otherwise known as popular sovereignty, which is superior to governmental sovereignty in a republic. Add in the fact that Tennessee is a member-state in a federal system in which the U.S. Supreme Court is on the federal level, and the broad judgment of the electorate takes on more significance to the extent that a federal system of an empire-scale union is in part supposed to take into account and protect interstate ideological differences that defy one-size-fits-all union-level policies. In other words, as cultural heterogeneity can be expected in going from state to state in an empire-scale union-of-states, efforts “from the top” to impose a single policy on every state do not allow the federation to breath. Political pressure could be expected to build over time if such a suffocating tendency eventuates, with the risk of dissolution increasing over time as if depreciation.


The full essay is at "American Federalism and Equal Protection."



1. Josh Gerstein, “Supreme Court Upholds Tennessee’s Ban on Gender-Affirming Care for Minors,” Politico.com, June 18, 2025.


Wednesday, May 14, 2025

Strength in Numbers: The European Union in Foreign Policy

One of the chief benefits of having an empire-scale union of states is the sway, or influence, abroad that comes with strength of numbers. Dwarfing the foreign-policy of a state government, and even of an informal bloc of a few states plus others outside the union, an empire-scale united-policy enacted to influence other countries can make the delegation of the additional governmental sovereignty to the federal level worth losing some state power abroad. I contend that this lesson can be gained by examining the European-Russian relation during the month of May in 2025.


The full essay is at "Strength in Numbers." 

Nationalism at Eurovision: A Lack of Vision

The inherent retentiveness of conservatism benefits a society because it need not “reinvent the wheel” in “starting from scratch,” as resort can be made to customs that have been efficacious. Unfortunately, conservatism can easily be in denial as to the need for adaptation to changes whether in geopolitical institutions or in culture. The advent of the European Union as a federal system of dual-sovereignty has been easy fodder for conservatism’s proclivity of denial with regard to very new things. Eurovision, too, was an invention beyond even the European Union, and thus also of the post-World-War-II history of integration meant in part as a check on the full-blown nationalism that had twice decimated Europe in the twentieth century. So it is problematic that the EBU, the organization behind the Eurovision Song Contest, has made so many category mistakes involving Europe in favor of nationalism.


The full essay is at "Nationalism at Eurovision."


Saturday, March 15, 2025

The E.U. and U.S. on Defense and Foreign Policy: Helping Ukraine

In March, 2025 after the U.S. had direct talks with Russia on ending Russia’s invasion of Ukraine, the E.U. stepped up its game in helping Ukraine militarily. This was also in the context of a trade war between the E.U. and U.S., which did not make transatlantic relations any better. The E.U.’s increasing emphasis on military aid to Ukraine and the related publicity inadvertently showcased how federalism could be applied to defense and foreign policy differently that it has in the U.S., wherein the member states are excluded, since the Articles of Confederation, when the member states were sovereign within the U.S. confederation. Although both manifestations of early-modern federalism have their respective benefits and risks, I contend that the E.U.’s application of federalism to the two governmental domains of power is more in the spirit of (dual-sovereignty) federalism, even though serious vulnerabilities can be identified.


The full essay is at "The E.U. and U.S. on Defense and Foreign Policy."

Saturday, March 8, 2025

The E.U.: A Step Toward a World Federation?

Does the European Union represent a novel paradigm and thus a step in political development? Whether this is so or not, can the E.U. be thought of as a step on the way towards a world federation? In a talk at Harvard in 2025, Anthony Pagden, a professor at UCLA, addressed these questions when the E.U. was just a few years over thirty—comparable to the U.S. in 1820. The question was not whether the E.U. too would lean towards political consolidation around a federal head, but whether the world was making its way institutionally toward the creation by compact of a world federation, which in turn could presumably stave off war. In 2025, the need for global accountability on willful, militarily-aggressive national governments was on at least some minds. The implication is that the global order based on national sovereignty was insufficient, especially given the advanced destructiveness of military weapons.


The full essay is at "The E.U."

Monday, February 17, 2025

A European Army: A More Perfect Union

At the Munich Security Conference in February, 2025, Ukraine’s President Zelenskyy bluntly asserted, “I really believe that the time has come that the armed forces of Europe must be created.”[1] He could have said in 2023 after Russia’s President Putin had sent tanks and bombs into Ukraine; instead, the inauguration of President Trump in the U.S. that was the trigger. “Let’s be honest,” Zelenskyy continued, “now we can’t rule out that America might say ‘no’ to Europe on issues that might threaten it.”[2] At the time, Trump was planning to meet with Putin to end the war without Britain and a number of E.U. states at the table. After all, they had failed to push Putin off Crimea in 2014, and even in 2025, they were not on the same page on how to defend Ukraine militarily. Amid the political fracturing in Europe, Ukraine’s president was urging that the E.U. itself have an army, rather than merely the 60,000 troops for which the union was dependent on the states. Even on being able to borrow on its own authority, the E.U. was hamstrung by the state governments that were more interested in retaining power than in benefitting from collective action. It is difficult to analyze Zelenskyy’s plea without including the anti-federalist, Euroskeptic ideology that was still eclipsing the E.U. from realizing a more perfect union.

 

The full essay is at "A European Army."


1. Joshua Posaner, “Zelenskyy: ‘The Time Has Come’ for a European Army,” Politico, February 15, 2025.
2. Ibid.

Friday, February 14, 2025

E.U. Defense: The State Governments Exploit a Conflict of Interest

Sometimes lemons can make use of political gravity to become lemonade. Of course, behind the lemons are human beings, who are of course innately economizers, political actors and moral agents. When accosted by proposals that additional governmental sovereignty be delegated from state governments to the federal level, state-government officials feeling the gravitas of narrow self-interest are inclined to resist even if the transfer is in the political and economic interest of the union as well as all of its states. I am of course describing a drawback that goes with state governments having too much power in a federal system, whose interests are not always identical with those of a particular state or even those that pertain to the state level as distinct from the federal level. I submit that a federal system in which such dynamics are ignored in favor of focusing on particular issues, such as the E.U.’s increased need for defense given Russia’s unprovoked invasion of Ukraine, can gradually slip “off the rails” toward dissolution or consolidation. By ceding the E.U. itself (i.e., the federal level) additional authority, including for revenues and expenditures, the European Council, which is composed of the state governors, could “kill two birds with one stone,” as that saying goes. Those birds would be unbalanced state power in the E.U. at the expense of a common purpose, and Russian President Putin’s military adventurism in Eastern Europe.


The full essay is at "E.U. Defense."