With Humphrey’s Executor overruled last week and the Federal Reserve expressly carved out, what remains of the independent agency, and is that the accountability people wanted?

Prescott Valley, AZ Correspondent — The decision is five days old and it answers a question this forum has been arguing about for three years. The holding is clean: a subordinate exercising the President's power is removable by him, and Congress cannot require cause. The Court said what is left of the 1935 case is … Continue reading With Humphrey’s Executor overruled last week and the Federal Reserve expressly carved out, what remains of the independent agency, and is that the accountability people wanted?

Does a campaign conducted while one candidate is a convicted felon under state law create a legitimacy problem for whoever wins, or is that a category the Constitution already answered?

Myrtle Beach, SC Correspondent — The Constitution answered the category. It lists age, residency, natural-born citizenship, and a small number of disqualifications that Congress and the Fourteenth Amendment actually wrote. A state conviction isn't on the list, and the historical precedent is direct. Eugene Debs ran for president from a federal penitentiary in 1920 and … Continue reading Does a campaign conducted while one candidate is a convicted felon under state law create a legitimacy problem for whoever wins, or is that a category the Constitution already answered?

Are midsummer state referenda and ballot-qualification fights over abortion a better test of post-Dobbs democracy than a federal statute neither chamber can pass?

Myrtle Beach, SC Correspondent — Democracy that can actually close a question beats a national bill that exists as a fundraising header. The decision didn't create a consensus. It created a venue, and venues that can vote are the test of whether a country can live with disagreement. Ballot-qualification fights are ugly — signature vendors, … Continue reading Are midsummer state referenda and ballot-qualification fights over abortion a better test of post-Dobbs democracy than a federal statute neither chamber can pass?

Is the renewed push for D.C. statehood a representation argument that should be settled on the merits, or a mid-cycle attempt to add Senate seats by statute?

Prescott Valley, AZ Correspondent — Taxation without a House vote is an argument I can hear. Two senators from a federal city, created by statute, in a presidential year, is a different argument wearing the first one's coat. The merits version would look like a constitutional process — an amendment that retires the Twenty-third, a … Continue reading Is the renewed push for D.C. statehood a representation argument that should be settled on the merits, or a mid-cycle attempt to add Senate seats by statute?

Should states expand no-excuse mail balloting for November on pandemic grounds, or treat late changes to election mechanics as a confidence risk that outweighs access arguments?

Gastonia, NC Correspondent — Access is a real word. So is a rulebook that moved after the primary posters went up. A pandemic justifies more absentee options for people who can show a reason and a simpler process for people who already had the right. It doesn't justify a July invention of universal mail in … Continue reading Should states expand no-excuse mail balloting for November on pandemic grounds, or treat late changes to election mechanics as a confidence risk that outweighs access arguments?