The justices might well overrule the Colorado Supreme Court on the grounds that only Congress has power to enforce Section 3 of the 14th Amendment. Such a ruling would be a serious mistake.
Peter Meijer talks about his run for Senate, his Trump impeachment vote, and possibly competing against Justin Amash on the latest episode of Just Asking Questions.
Co-blogger Josh Blackman and I debated the case that will be argued before the Supreme Court this morning.
That's bad news for Americans.
It's part of the annual Frankel Lecture symposium in the Houston Law Review.
The book argues democracy can be preserved and improved by breaking up the United States into two or more new nations.
The article makes the case for disqualification on moral and pragmatic grounds, as well as legal ones.
We're often told European countries are better off thanks to big-government policies. So why is the U.S. beating France in many important ways?
The famed Harvard law professor tries to outline a set of principles liberals - broadly defined - can agree on. And it's a strong effort, even though I have a few caveats and reservations.
A plan to have the state take control of Maine's two private electric utility firms has divided the political left.
An extensive new study finds that the answer is "no." Belief in conspiracy theories is about equally common on different sides of the political spectrum.
This speech, which I gave at a Federalist Society conference, is now available in a written version on SSRN. It will be published by the Harvard Journal of Law and Public Policy.
The justices agreed to consider whether the Biden administration's efforts to suppress online "misinformation" were unconstitutional.
Economist Tyler Cowen elaborates on some of the reasons why. The root of the problem is that voters have poor incentives to become well-informed and evaluate information objectively.
Journalism's in-house critics take a bold stance against attempting journalism, because of Trump.
Who cares if Americans can't answer basic civics questions?
Section 3 disqualification is justifiable as a democracy-limiting tool to protect democracy. But there are slippery-slope issues that deserve serious consideration.
Plus: What media gets wrong about "book bans," Yellow Corporation to default on $700 million pandemic aid loan, and more...
The U.S. is prioritizing foreign militaries over democracies.
The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
The appeals court judge argued that the Israeli Supreme Court had usurped the role of legislators.
Leading originalist constitutional law scholar comments on the Supreme Court's recent rejection of independent state legislature theory.
"During the visit, Biden could have refrained from deep public embraces of Modi or from emphasizing India's democracy. He chose to do neither," says Michael Kugelman.
Liberal political commentator Matt Yglesias explains why these problems are far from being confined to the right side of the political spectrum.
The authors raise some reasonable issues. But they misunderstand both the libertarians they critique and the problem of political ignorance itself.
Britain’s parliamentary democracy still transcends its monarchy.
I have more reason than most to cheer his departure from Fox News. But it's unlikely to significantly diminish the problem of political misinformation, which is driven by demand more than supply.
What is the relationship between liberty and democracy?
If Congress wants to stave off such far-reaching demands, it should start behaving in ways that inspire more public confidence.
Opponents of the proposed reforms are right that unlimited majority rule is a recipe for tyranny.
The noted Georgetown political philosopher offers a valuable overview of the political theory of the strengths and weaknesses of democracy.
Opponents of the reforms favored by Prime Minister Benjamin Netanyahu's coalition should acknowledge the threat posed by unconstrained majority rule.
The higher taxes on small businesses and entrepreneurs could slow growth. Less opportunity means more tribalism and division.
Why I oppose both right-wing efforts to neuter judicial review in Israel and left-wing attempts to do the same in the US.
By destroying judicial review, they would empower the narrow right-wing majority to violate the rights of minorities.
Alarmists are unfazed by the lack of evidence that "foreign influence campaigns" have affected public opinion or voting behavior.
Report author: “The COVID-19 pandemic was a catastrophe for human freedom.”
This week's Republican revolt against Kevin McCarthy is actually a rank-and-file revolt against the top-down process that both parties have used to control the House in recent years.
California's economy is growing despite Gov. Gavin Newsom's policies, not because of them.
Report: “Half of democratic governments around the world are in decline.”
What's happening right now in Cochise County, Arizona, should make the passage of the Electoral Count Reform Act even more urgent.
Partisan outrage over Sarah Palin's defeat shouldn't obscure the obvious benefits of better voting systems.
Plus: The editors consider what type of fresh attacks the marijuana legalization movement is likely to encounter.
Alcohol-related ballot measures were in play in several states last week. The results were lukewarm.
She was the beneficiary of a political system that limits opportunities for new ideas and new faces to rise.
The biggest beneficiaries of economic growth are poor people. But the deepest case for economic growth is a moral one.
Plus: The editors field a question on U.S. ballot counting and talk more on Elon Musk’s Twitter takeover.
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