Category Archives: Uncategorized

Fixing the Senate: A User’s Guide

New draft at SSRN, co-authored with David Froomkin who happens to be my son and is a J.D./Ph.D (political theory) candidate at Yale. It’s called Fixing the Senate: A User’s Guide, and here’s the abstract:

The Senate is the most undemocratic part of the U.S. Constitution – worse even than the Electoral College, although the two are related, and some versions of fixing the Senate would ameliorate the Electoral College also. Unfortunately, each state’s ‘equal Suffrage’ in the Senate is protected by a unique Constitutional entrenchment clause. The Entrenchment Clause creates a genuine bar to reform, but that bar is not insurmountable. We argue first that the constitutional proscription on abolishing the Senate has been overstated, but that in any case there are constitutional reform proposals that range from abolishing the Senate to various degrees of disempowering it. We then argue that there are several promising reforms that could move in the direction of democratizing the Senate without constitutional amendment. In particular: admitting new states, breaking up the largest states, and a new Constitutional Convention. This paper canvases benefits, costs, effectiveness, and likely feasibility of each of these methods by which one might seek to make the Senate more representative despite the entrenchment clause. Several of the proposals create an opportunity for Supreme Court review and perhaps obstruction, raising questions about the relationship between Senate reform and Supreme Court reform.

Shout-out to Larry Solumn for giving it the “highly recommended” seal of approval.

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New Glory?

Reports are that the most powerful man in the coming Senate — swing voter Sen. Joe Manchin — says he is open to the idea of statehood for Puerto Rico and DC.

That seems an excellent response to the current political situation.

But it will require a new flag.

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Election Stress Post

Is the election stress getting to you? I hear from a lot of people that they’re really feeling it today.

Myself, I feel just fine, as you can see from this recent photo:

(Photo via Make Me a Zombie)

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Show This to Your Cuban-American Friends

I wish every Cuban-American and Venezuelan-American in South Florida could see this video, “Trump is English for Castro“:

From the Lincoln Project of course. There’s an English-language version for the gringos.

While you are at it, read Waging Nonviolence‘s 10 things you need to know to stop a coup.

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Black Eyed Peas Produce Uplifting Biden Video

The Black Eyed Peas and Jennifer Hudson give Joe Biden the full Obama video treatment in this video entitled “The Love“:

Looks like maybe the closing pitch of the Biden campaign will be its own restorative version of hope, although it’s notable that the slogan in both this and the other day’s “Go From There” video is “Love”.

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I don’t know what to say about this one, “Covita” from the Lincoln Project, but Trump and his gang are going to hate it.

There are some scattered reports from various news sources that the rats have figured out it’s a sinking ship, but as we know, anything can happen, and seems to with depressing regularity.

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