An examination of the Framers’ arguments as to how the US Supreme Court would function: The Federalist Papers No’s. 78, 79, and 81 This is a follow-up on yesterday’s post regarding the history of the Judiciary under republics. In that post I pointed out that the concept of an independent judiciary is a modern one that started […]
From Mark Tushnet: Here’s a thought in the event that there is a Biden appointed commission on court reform. What about a Joint Resolution on Judicial Power: “No court shall hold a federal statute unconstitutional unless it concludes that the statute is manifestly unconstitutional.” Tushnet discusses this suggestion and some limitations here. I am somewhat sympathetic […]
So, here is the thing about the arguments the Republicans are making regarding mail ballots based on this article at Slate. “the court held that Florida’s recount used procedures that violated “the equal dignity owed to each voter.” Because the standards used to recount ballots varied between counties, the court concluded, the process violated the […]
The 2020 Presidential and Senate nowcasts: in 2020 the “blue wall” looks very likely to hold, but expect surprises in the Senate Here is my weekly update on the 2020 elections, based on State rather than national polling in the past 30 days, since that directly reflects what is likely to happen in the […]
It is very likely that the candidate who wins Pennsylvania will become president. A problem is that the election officials are not allowed to look at absentee ballots before November 3rd. It is likely that Trump will lead the in person vote and try to declare victory. However, the party registration of absentee voters is […]
A brief history of the Judiciary under Republics; the radical departure of the US Constitution, and how to reform it now I’ll have a note up, probably at Seeking Alpha tomorrow, on new home sales, which get reported later this morning. In the meantime, especially with the likely confirmation of the 6th movement conservative Justice […]
No Bumper Crop in 2020 We took a trip this weekend, driving 180 miles each way on I-5 through Oregon and Washington State. We kept our eyes peeled for bumper stickers relating to the upcoming election but counted only three for Trump and an amazing zero for Biden. I’ve never seen anything like this before […]
by David Zetland Daylight spending more than you have Some countries are changing their clocks this week while others will do so next week. These changes are labeled “daylight saving” (DS) even though the number of daylight minutes stays the same. Marketing at its finest! Indeed, there’s abundant evidence that this twice-annual ritual is useless or even […]
From the NYT editorial board: Of all the things President Trump has destroyed, the Republican Party is among the most dismaying. “Destroyed” is perhaps too simplistic, though. It would be more precise to say that Mr. Trump accelerated his party’s demise, exposing the rot that has been eating at its core for decades and leaving […]