Democracy
Final Published Version of My Article "A Lost Opportunity to Protect Democracy Against Itself: What the Supreme Court Got Wrong in Trump v. Anderson"
It is now available on SSRN. The article critiques the Supreme Court's decision in the Trump Section 3 disqualification case.
My New Schweizer Monat Article on "Open Borders" Immigration
A Swiss publication invited me to write this article making the case for open borders.
My Forthcoming Article "A Lost Opportunity to Protect Democracy Against Itself: What the Supreme Court Got Wrong in Trump v. Anderson"
The forthcoming Cato Supreme Court Review article is now available on SSRN. It critiques the Supreme Court's decision in the Trump Section 3 disqualification case.
Manufacturing Joy at the DNC
This is what 'democracy' looks like. Unfortunately.
The Logic of Voting for a Lesser Evil - and Other Writings on the Morality of Voting
Compendium of some of my work on the rights and wrongs of voting.
Trade, Public Opinion, and Political Ignorance
A new Cato Institute/YouGov survey finds contradictory attitudes on trade policy, and widespread ignorance. The survey also suggests a potentially promising political strategy for free trade advocates.
Venezuela Illustrates the Perils of "Democratic Socialism"
The Venezuelan experience shows that democracy cannot cure the evils of socialism, and that a democratic socialist system is unlikely to remain democratic for long.
Biden's Withdrawal From the Presidential Race Is Not Anti-Democratic
Among other reasons, it's actually supported by a large majority of voters, including most Democrats.
Thoughts on the Assassination Attempt Against Trump
The attack deserves condemnation. But it should not obscure the evil of Trump himself, including his role in promoting political violence.
California Gov. Gavin Newsom Crushed a Ballot Initiative That Could Have Limited Tax Increases
What happened to caring about the will of the people?
My New Cato Institute Article Making the "Cosmopolitan Case Against World Government"
It is part of Cato's Defending Globalization series.
Inflation, the Economy, and Political Ignorance
Public ignorance has a big impact on voter atttudes on a major issue in the 2024 election.
The 70th Anniversary of Brown v. Board of Education
The anniversary is today. The American Journal of Law and Equality is publishing a symposium on Brown to mark the occasion. I am one of the contributors.
New Article on "Brown, Democracy, and Foot Voting"
My contribution to the American Journal of Law and Equality symposium on the 70th anniversary of Brown v. Board of Education.
Should Free Speech Pessimists Look to Europe?
Calls from the left and right to mimic European speech laws bring the U.S. to a crossroads between robust First Amendment protections and rising regulation.
What Leaving Abortion Up to the States Really Means
Reproductive freedom initiatives are advancing toward November ballots, putting the matter of abortion access in voters' hands.
Americans Don't Want a Dictatorship, but They're Creating One Anyway
Too many people think democracy works only if they get to dominate their opponents.
The New York Times Again Worries That Free Speech Endangers Democracy
The newspaper portrays the constitutional challenge to the government's social media meddling as a conspiracy by Donald Trump's supporters.
Patri Friedman and Mark Lutter: Does a City Need a State?
Patri Friedman and Mark Lutter discuss free cities and "markets in governance" on the latest episode of Just Asking Questions.
Rank Choices
Plus: A listener asks the editors for short quotes from fictional works that are representative of libertarian ideas.
Land of the Negative
Plus: Migrant resettlement, Tom Cotton op-ed scandal, oppressors-in-training, and more...
New Article on "The Constitutional Case Against Exclusionary Zoning"
Coauthor Josh Braver and I argue exclusionary zoning violates the Takings Clause of the Fifth Amendment.
Taylor Swift and Political Ignorance
A recent poll finding that 18 percent of all Americans and 32 percent of Republicans believe Taylor Swift is part of a covert conspiracy effort to help Biden win reelection. This is just one example of the broader problem of political ignorance and bias.
Thoughts on the Supreme Court Oral Argument in the Trump Section 3 Case
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: Can the GOP Change?
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.
C-SPAN Washington Journal Appearance on the Trump Section 3 Case
Co-blogger Josh Blackman and I debated the case that will be argued before the Supreme Court this morning.
On Economic Issues, the Populist Right and Left Share a Lot of Common Ground
That's bad news for Americans.
My Forthcoming Article on "Empowering Hispanics to Vote With Their Feet"
It's part of the annual Frankel Lecture symposium in the Houston Law Review.
My Forthcoming Publius Review of Christopher Zurn, "Splitsville, USA: A Democratic Argument for Breaking Up the United States"
The book argues democracy can be preserved and improved by breaking up the United States into two or more new nations.
My New Bulwark Article on Trump and Section 3 of the 14th Amendment
The article makes the case for disqualification on moral and pragmatic grounds, as well as legal ones.
Yes, Heavy Regulation Hurts the Economy. Just Look at France.
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?
Cass Sunstein on Unifying Principles of Liberalism
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.
Maine Voters Will Decide on Bernie Sanders-Backed Utility Plan
A plan to have the state take control of Maine's two private electric utility firms has divided the political left.
Are Right-Wingers More Prone to Believe Conspiracy Theories than Left-Wingers?
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.
Written Version of My Talk on "How Federalism Promotes Unity Through Diversity"
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.
SCOTUS Will Decide When the Government's Social Media Meddling Violates the First Amendment
The justices agreed to consider whether the Biden administration's efforts to suppress online "misinformation" were unconstitutional.
The Demand for Political Misinformation is a Bigger Problem than the Supply - Even in the Age of AI
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.
Media Critics Agree: Stop Interviewing the Bad People!
Journalism's in-house critics take a bold stance against attempting journalism, because of Trump.
Mandating Civics in Schools Won't Fix American Democracy
Who cares if Americans can't answer basic civics questions?
My New Lawfare Article on Trump and the Use of Section 3 Disqualification as a Tool to Protect Democracy Against Itself
Section 3 disqualification is justifiable as a democracy-limiting tool to protect democracy. But there are slippery-slope issues that deserve serious consideration.
Ohio's Issue 1 Doesn't Mention Abortion. But That's Why People Are Voting Today.
Plus: What media gets wrong about "book bans," Yellow Corporation to default on $700 million pandemic aid loan, and more...
Why the U.S. Hasn't Declared a Coup in Niger
The U.S. is prioritizing foreign militaries over democracies.
Why Israelis Are Taking to the Streets
The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
A 2007 Debate Provoked by Richard Posner Illuminates the Current Clash Over Judicial Power in Israel
The appeals court judge argued that the Israeli Supreme Court had usurped the role of legislators.
Steve Calabresi on Moore v. Harper
Leading originalist constitutional law scholar comments on the Supreme Court's recent rejection of independent state legislature theory.
Modi's Rotten Human Rights Record Didn't Keep Biden From Hosting Him
"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.
Political Ignorance and Misinformation on the Left
Liberal political commentator Matt Yglesias explains why these problems are far from being confined to the right side of the political spectrum.
