On the Role of the European Parliament: The Mercosur Treaty

With the European Council, which represents the E.U. states, having passed the Mercosur free-trade treaty by qualified-majority voting, the legislation went on to the European Parliament, which represents E.U. citizens, to vote on final passage before being sent to E.U. President Von der Leyen for her signature. From the standpoint of this standard legislative procedure, it is significant that immediately following the vote in the Council, which is roughly equivalent to the U.S. Senate, efforts were being made to essentially side-step the Parliament, which is equivalent to the U.S. House of Representatives. Von der Leyen’s plan to sign the treaty once it passed in the Council reflects both the disproportionate power of the state governments at the federal level in the E.U. and the fact that the U.S. House is excluded from voting on treaties, whereas the U.S. Senate votes to give its consent to them before the U.S. president ratifies them (or not).  

The full essay is at "On the Role of the European Parliament."

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."

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

The Patriots for Europe Party: On Anti-Federalism

At a party meeting in Madrid, E.U. on February 8, 2025, the Patriots for Europe party sent out the message of wanting to be the new normal in the E.U., as against the default of the “mainstream” parties, which include the Renew Europe party and the European People’s Party—the president of the E.U. being in the latter party. The Patriots party’s banner, “Make Europe Great Again,” shows a kinship to U.S. President Trump’s MAGA movement, but the E.U.-specific planks are significant and thus should not be dismissed. As is the case with any large political party, the planks can be a bit like a tossed salad, with even disparate ingredients being in the mix. I contend that this makes it difficult to discern the will of the voters who vote for a party in terms of how much support there is for a particular policy. As a result, if a party is like a grab-bag of various policies, one such policy could be enacted without much of a democratic will behind it.

The full essay is at "The Patriots for Europe Party."

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."

Pulling the Curtain Back on President Biden’s Retirement Address

There is an expression in politics referring to how legislation is made; it is likened to the making of sausage, the public display of which is not generally desired. Furthermore, it is unrealistic and even counter-productive for the American electorate to know the intricate mechanisms by which a bill makes its way through Congress before being signed by the president to become a law. Nevertheless, the strategic and self-interested manipulation of public perception by elected representatives in order that the electorate will have an overstated positive view of its representatives, who can have more discretion and thus power with the vote of confidence, is counter to an effective democratic republic, which after all is distinct from direct democracy. I contend that the desire to falsely manipulate popular opinion went into President Biden’s address on his decision to serve only one term, as well as in the comments of high ranking members of his party in support of his decision not to run for reelection. That there might be more political capital, not to mention a better legacy, in being straight with the American people is a possibility that seems to elude American politicians.

The full essay is at "President Biden's Retirement Address."

Journalism Goes Only So Far in Empire-Scale Democracy

A news story only goes so far; only so much “digging” is possible against a pressing deadline. Moreover, we humans are not particularly good at “connecting the dots” when they are far afield. Through natural selection in an environment in which humans were prey as well as hunters, we are still “hard-wired” to privilege the immediate. So it takes more than a bit of effort to counter this natural predilection in order to make a truly informed judgment that takes into account the relevant tributaries. One such judgment concerns the impact of U.S. President Joe Biden’s age on his fitness to serve a second term.

The full essay is at "Journalism Goes Only So Far."

We the People: Invigorating Popular Sovereignty by Referendi

A republic is characterized by the citizenry electing representatives, who in turn legislate (i.e., make law). As an alternative, the citizenry itself could vote directly on legislative proposals. The latter is called direct democracy. Ancient Athens, for example, practiced it. In the United States, the republic form is the prevalent form of government.  In spite of Wilson’s comment made in the constitutional convention that representation “is made necessary only because it is impossible for the people to act collectively,”[1] direct democracy has typically limited to an occasional “referendum” question even though more vital questions could be put to the body politic directly. 

The full essay is at "Invigorating Popular Sovereignty."

1,  James Madison, Notes in the Federal Convention of 1787. New York: Norton, 1987, p. 74.

The Israeli Supreme Court’s Conflict of Interest as Unreasonable

Ironically, in making the ruling on New Year’s Day of 2024 striking down Prime Minister Netanyahu’s amendment to the country’s basic law that would have removed the judiciary’s authority of judicial review of laws based on their reasonableness, Israel’s Supreme Court too unreasonably exploited a conflict of interest. Basic Law, which is essentially constitutional law, includes the basic architecture of a government, such as how the executive, legislative, and judicial functions are related. Self-interest being a salient feature of human nature, we can assume that the governmental functionaries in each of those functions naturally seek to expand their respective jurisdictions relative to those of the other two. I contend that to give one or two of those areas the last word in altering the division of authority involves a conflict of interest. This applies to a constitutional court. Therefore, even though democracy is served by a judicial decision striking down an attempt by the executive and/or legislature to eviscerate the authority of the judiciary to act as a check, giving the latter the last word is fraught with entanglements. 

The full essay is at "Israel's Supreme Court: A Conflict of Interest."

The Electoral College: Beyond the Conventional Wisdom

The matter of how the U.S. President is to be selected was a tough nut for the delegates in the Constitutional Convention in 1787 to crack. Mason observed the following in convention, “In every Stage of the Question relative to the Executive, the difficulty of the subject and the diversity of the opinions concerning it have appeared.”[1] The alternative proposals centered around the Congress, State legislatures, the governors, the people, and electors designated for the specific purpose as the possible determiners. Although the delegates were men of considerable experience, their best judgments about how the alternatives would play out were subject to error as well as the confines of their times. In re-assessing the Electoral College, we could do worse than adjust those judgments and rid them of circumstances pertaining to them that no longer apply. For example, the Southern States no longer have slaves, so the question of whether those States would be disadvantaged by going with a popular vote no longer applies; the alternative of going with the popular vote nationwide no longer suffers from that once-intractable pickle. Yet lest we rush headlong into a popular vote without respect to the States, we are well advised not to dismiss the points made by the convention delegates, for we too are constrained by our times, and we may thus not be fully able to take into account points that have been forgotten.

The full essay is at "The Electoral College."

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1. James Madison, Notes of Debates in the Federal Convention of 1787 Reported by James Madison (New York: W. W. Norton, 1966): 370.

A Tale of Two Republics: Arizona and California during the Coronavirus Pandemic

An educated and virtuous citizenry is essential for a republic to endure, Thomas Jefferson and John Adams, two former U.S. presidents and rivals, agreed in an exchange of letters. Interestingly, both men died on July 4, 1826. Of course, the vote on independence had occurred on July 3, 1776 and the Declaration was signed over weeks rather than dramatically on July 4, 1776. Unfortunately, false narratives can take on a life of their own. Another example involves the U.S.'s "sun-belt" states, whose surging popularity from the 1980s at least through 2020 has masked the true conditions of the underlying cultures. Maricopa county, in which Phoenix, Arizona is located, was in the top 10 nationally for numeric increases in population from 2010 to 2020. Lest it be supposed that that county improved, a survey in July, 2019 listed Arizona as 49th out of the 50 States on elementary education (K-12th grade). 

Relatedly, Arizona's Medicaid system had a sordid reputation in terms of how well the subcontracting companies and non-profits managed themselves and were held accountable. As of 2020, Arizona still had a significant number of ideological voters who believed that Medicaid was a form of sordid socialism, which unjustly had taken the place of horrid communism. Because Medicaid had become the unwanted step-child in that political culture that still boasted that "taxes are theft," tight budgets and the State's bad education system resulted in subcontracting organizations, including medical clinics, conveniently embellishing their low-wage employees. Reports emerged of nurse-practitioners claiming to have the same training as physicians and even specialists such as psychiatrists and dermatologists, and of counselors misrepresenting themselves as being synonymous with therapists. In fact, Arizona's Medicaid tumor even reduced mental health to behavioral health so the cheaper behavior-trained counselors rather than therapists could be hired and relied upon. 

Furthermore, the organizations in Arizona receiving most or all of their funding from public-aid agencies like Housing and Urban Development (HUD) and Medicaid were reputed to suffer from administrative incompetence without much accountability from either of those two government agencies. It was quite strange to read of the non-profit organizations and companies, including medical clinics, refer to themselves as agencies. Such lying with impunity also served to dissimulate any criticism of administrative incompetence. That low-class sub-culture of dependent organizations could count on the low education level in the state and its notable anti-science (and anti-intellectualism) ideology not to know better. In fact, no one would be likely to push-back on the Medicaid employees in the state who mispronounce the technocratic acronym for the state's Medicaid program, AHCCCS, as access rather than ah-kehs. In Arizona, the letter C is not hard (like a K) if an S follows, rather than just an E or I. You're wrong, ignorance that can't be wrong has the gall to say. You're wrong, I don't need to keep six-feet away from people. You're wrong, my people don't need enforceable government orders. Relative to California, we could rightly expect that Arizona would botch its management of the coronavirus pandemic in 2020. 

The full essay is at "Arizona and California React to Coronavirus."

Democracy Held Hostage: The Case of a Street Name

Claims of systemic racism can also be attacks on democracy itself. In fact, if overdone, such claims may themselves be racist. The situation would then be that of racists holding democracy ransom in the mistaken belief that the whole must be consistent with the interests of one of its parts to be legitimate; otherwise, the democratic principle of majority rule is itself presumed to be invalid. The case of the change of a street's name in Kansas City, Missouri, can serve as a case study.

The full essay is at "Democracy as a Mechanism of Racism?"

Disenfranchising an Electorate: Using Legal Language on Referendums

Popular sovereignty, the ultimate sovereignty of a people as a whole, is typically exercised by an electorate at the ballot box. Such sovereignty is above that of governments (i.e., governmental sovereignty), which might come as a surprise given how little voters actually decide. Typically, the will of the people is limited to filling public offices by selecting among candidates or write-ins. In the last few decades of the twentieth century, California effectively expanded the power of popular sovereignty by adding a number of referendum questions to the ballots, but even those questions have not come close to covering the full spectrum of major policy issues, which are typically left to the office-holders: the agents of the People. Even though the popular sovereign (i.e., the direct will of the people) can make mistakes—such as requiring a 2/3 legislative majority to pass a tax increase in California—the expansion from merely filling public offices to actually making basic public policy decisions is from a democratic perspective a good thing. The key is to go broad enough that judgement rather than technical expertise or specialized knowledge is used. This effectively franchises at least the vast majority of an electorate as nearly everyone is capable of making a judgement among competing values, whereas a small percentage of people are highly educated in any given society—even in advanced industrial states. The problem, it seems to me, lies in how the policy questions on a ballot are written. In particular, they must be written in such a way that they are understandable to the typical voter. Writing a question, whether on policy, law, or a constitutional amendment, in legalize circumvents the expansion in popular sovereignty. Such an approach defies common sense itself, and yet it the Florida legislature did just that in 2012, placing the Florida electorate in a nearly-impossible position as the popular sovereign. Perhaps the legislators knew that the incomprehensible legalize would effectively safeguard their existing power.

The full essay is at "Florida Disenfranchised Its Electorate."

Including Voter Judgments on Broad Policies in Elections: An Expansion of Active Popular Sovereignty

Days after the 2018 Congressional elections in the U.S., the Minority Leader and soon-to-be Speaker of the House of Representatives, Rep. Nancy Pelosi, declared, “Healthcare was on the ballot and healthcare won.”[1] As the new Democratic-controlled House worked on a budget the next Spring, Pelosi was still insisting that healthcare was what that election was about. Perhaps she based her statement on exit polls in which most voters claimed that they had voted chiefly the basis of candidate positions on healthcare. This does mean, however, that the voters voted on healthcare, for as only a choice of candidates could be made, the voters were left with inferring or even hoping that the favored candidate would act on, or at least stay with, his or her position on the issue. I contend that the next leap in the theory and practice of representative democracy could be to no longer keep an electorate, the popular sovereign, limited to selecting among candidates.

The full essay is at "Expanding What Voters Can Vote On."

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[1] Kimberly Leonard, “Nancy Pelosi: ‘Healthcare was on the ballot and healthcare won,” The Washington Examiner, November 7, 2018.

Mitt Romney’s “About-Face" in the 2012 U.S. Presidential Election: A Candidate’s Conflict-of-Interest

As was demonstrated in September 2008 as banks began to stop lending to each other even overnight, trust is the foundation, or grundlagen, of a market. The same is true in relationships between people. I would be surprised were a marriage ever the same after even a contrite spouse has had an extramarital affair. The same is true in politics; once the electorate has been lied to, it is very hesitant to remove the asterisk next to the politician’s name. The relevance of a politician’s extra-marital affair, such as the flowery lapse of Gary Hart or the sordid stains of Bill Clinton, is that the people conclude that they, like the wives, could be betrayed. Once established, a lack of trust tends to spread like an invidious cancer until it has encompassed the entire body politic. The shift is from justice to a lack of harmony on many levels.

Plato theorized that justice is the harmony within the rational psyche and polis (city, or country) as well as between the heavenly spheres (planets and stars)—the harmony between the rational and the vibrations of the spheres being in sync, which is justice itself. It follows that a person who lets his or her desires run rampant is in line with a squalid or aggressive city, and that neither of these shares in the musical/mathematic harmonious vibrations of and between the heavenly spheres. Lack of trust at the personal, business, or civic level can be said to be a symptom of the shift from the condition of harmony, and thus justice, to discord.

It follows that in a republic or union thereof, it is vital to maintaining justice (as harmony) that the electorate not be as sheep in taking in that which a politician claims regarding what he or she “really believes.” Once a candidate has stupidly lapsed in terms of trustworthiness, the electorate should be cognizant of the conflict of interest in the candidate later dismissing the substance of his or her real feelings or beliefs. In general, if a candidate’s statement is in line with him or her getting elected, a due dose of salt should be taken with that dish.

I have in mind Mitt Romney’s statement at a closed-door fundraiser in September, 2012 that nearly half of Americans don’t pay income taxes, view themselves as victims, and refuse to take responsibility for their lives, wanting to live off entitlement programs instead. 

The full essay is at "Mitt Romney's Conflict of Interest: Campaigning for U.S. President."

Stakeholder Management: Profit-Seeking, Nietzsche, and Fiduciary Duty

Part I Profit-Seeking

The Johnson & Johnson Credo says in part, “We believe our first responsibility is to the doctors, nurses, and patients. . . . Our final responsibility is to our stockholders. Business must make a sound profit” (Bowie, p. 18). Final here does not mean last but not least; nor does it mean first among equals. Instead, this credo, which I contend is tailored for marketing purposes, denies the residual profits feature of commercial property rights. To place a cap on profit such that the residual can go to stakeholders without the majority and minority owners’ approval is to violate property rights in favor of redistribution.

Part II Nietzsche

Nietzsche contends that modern ethicists seek to impose their Thou Shalt Not in order to dominate the strong out of weakness. The normative subterfuge used by these new birds of prey masks their hypertropic (exaggerated) instinct to dominate. Whereas the strong naturally dominate, the weak who feel compelled to do so must resort to subterranean means in order to beguile the strong into renouncing their native strength. Imagine, for example, a wan-looking business ethicist in a small academic office trying to dominate Donald Trump, Bill Gates, or Warren Buffet, for instance. Nietzsche wonders how in the hell the strong ever got roped into being ashamed of their strength by the sordid moralists whose instinct to dominate is somehow immune from such shame.

Part III Fiduciary Duty

“A growing number of business experts advocate adjusting the conventional view of a company’s purpose—to generate wealth for its stockholders—to a more holistic view that recognizes that business doesn’t operate in a vacuum. Everything a business does affects someone somewhere—not just the stockholders—and those other someones deserve consideration from every business that affects them” (Bowie, p. 14).

The full essay is at "The Stakeholder Subterfuge." See also the book, On the Arrogance of False Entitlement: A Nietzschean Critique of Business Ethics and Management. Both are available at Amazon. 

The U.S. Supreme Court: Too Much Ideology in Jurisprudence?

Should the electorate in a republic be able to remove Supreme Court justices due to their past decisions on particular cases? Can this basis be distinguished from removing a justice for judicial incompetence? One thing is clear: the general public does not have the technical expertise to perform a “supervisor’s evaluation” on a judge. Obviously, anyone can see that someone who skips work on a regular basis is not fit for the job, but this is different than evaluating a job by the technical criteria of the profession. Distinguishing between a particular decision and general judicial approach, for example, is more difficult. Moreover, it can be difficult to balance the rights of popular sovereignty (i.e., rule by the people) against the rule of law without respect to majority opinion.

The justices of the U.S. Supreme Court in 2012.

The full essay is at "Ideology Twisting Legal Reasoning."

On the Virtue of a Constitutional Moment: Reassessing the American System of Government

A constitutional moment engaging the citizenry is urgently needed with respect to the system of government in the United States. In short, the citizenry should decide, as a people, whether to revert back to a federal system or to make the political consolidation that has ensued official. If the latter, Alexander Hamilton's suggestion that the states be districts of the US Government, whose energy he thought could not directly extend to the outer reaches of the empire (i.e., into the wilderness of states distant from the seat of the U.S. Government). This was Hamilton's view in the U.S. Constitutional Convention; his writings eventually published in The Federalist Papers were meant to sell the proposed constitution rather than to give his own proposal. His own view may have come to pass, though through incremental Congressional encroachment on the turf of the governments of the several states and concurring U.S. Supreme Court assuaging (or enabling) doctrines.  I submit that this process of change over many years has eventuated in a gap between the system of governance as it is and as it is to be constitutionally.  Whereas some people argue that we must revert back to the constitution following a "strict" construction, I believe we the people, as a people, should commence a constitutional moment of heightened attention and debate concerning whether we want centralized consolidation (i.e., no states), decentralized consolidation (i.e., states as districts), or federalism (which entails dual sovereignty and a balance of power between the general government and the governments of the states).  I believe the latter is the best suited for an inherently diverse empire-scale political union, but that the people reach a decision is the important point now.  For otherwise, we will continue to live a lie--to claim to be a federal system while actually being consolidated: essentially flying with  bad instruments. 

The full essay is at "Reassessing American Government."

East Asia and Latin America: Economy & State

In the fall of 2011, the economic troubles in the developed countries were starting to hit fast-growing developing economies like China, Brazil and Indonesia. The governments of the developing countries were “girding themselves,” according to the Wall Street Journal, “to offset any economic and financial damage.” China’s government, for example, increased the investment of its sovereign wealth fund in Chinese banks. In September, China’s exports to the E.U. grew at 10 percent, compared with 22% in August. China’s increase in imports was also weaker, which did not bode well for emerging markets in Latin America and elsewhere that supply commodities for China’s construction industry.  Yet IMF projections depicted an interesting distinction between the projected increase of real GNP in Latin America and the developing Asian economies. The projections for 2011 were 4.7% and 7.9 percent, respectively. For 2012, the projections were 4.0% and 7.7 percent, again respectively. What can explain this pattern wherein Asian newly industrialized economies (NICs) were expected to fare better?

The full essay is at "East Asia and Latin America."

Source:

Alex Frangos and Patrick McGroarty, “Troubles of West Take Toll on Emerging Economies,” The Wall Street Journal, October 14, 2011. 

The Tea Party on Congress & Popular Sovereignty

Mark Meckler, a co-founder of Tea Party Patriots, characterized the lame-duck session of the Congress at the end of 2010 as presumptuous because the Democratic-controlled House would be controlled by the Republicans in the upcoming session. In other words, the Democrats had just lost the right to control the House in the elections, so their continued control of the House was at odds with the “will of the American people.” According to Meckler, "For them to legislate when they've collectively lost their mandate just shows the arrogance of the ruling elite. I can't imagine being repudiated in the way they were and then coming back and saying 'Now that we've been repudiated, let's go pass some legislation. . . . I'm surprised by how blatant it was."

The full essay is at "The Tea Party."

The Kurds Betrayed: Iraq Retakes Kirkuk with U.S. Backing

For some reason, people tend to assume that the status quo has been around for a very, very long time—that it enjoys the perk of longevity. To mess with it even in part is typically assumed to “upset the apple cart.” The fear is excessive. A century after World War I, the fact that many of the extant countries in the Middle East had been artificially crafted by Britain and France paled under the presumption that those countries had been around for much, much longer. Accordingly, the fact that the Kurds voted overwhelmingly in 2017 to secede from Iraq was ignored or dismissed not only by Iraq, but also by other countries in the region and the United States. “Baghdad and most countries in the region had condemned the vote, fearing it would fuel ethnic divisions, lead to the breakup of Iraq and hobble the fight against the Islamic State.”[1] I submit that the fear was overblown and mistaken.

The full essay is at "Kurds Betrayed."

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[1] David Zucchino, “Iraqis Capture Key Kurdish City with Little Fight,” The New York Times, October 17, 2017.