New Israeli Government's Judicial Reforms are not Anti-Democratic—But they May Create a Tyranny of the Majority
By destroying judicial review, they would empower the narrow right-wing majority to violate the rights of minorities.
Democracy
Russian Propaganda Has Succeeded in Persuading Credulous Americans That It Poses a Grave Threat to Democracy
Alarmists are unfazed by the lack of evidence that "foreign influence campaigns" have affected public opinion or voting behavior.
COVID Made Us Sick, But Government Responses Crippled Our Liberty
Report author: “The COVID-19 pandemic was a catastrophe for human freedom.”
Fixing Congress' Broken Appropriations Process Is Worth This Mess
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 Continues Chasing People Away
California's economy is growing despite Gov. Gavin Newsom's policies, not because of them.
The World Is Still Getting Less Free. A Distressing Number of People Think That's Fine.
Report: “Half of democratic governments around the world are in decline.”
Some Arizona Republicans Are Refusing To Certify an Election. Is Congress Paying Attention?
What's happening right now in Cochise County, Arizona, should make the passage of the Electoral Count Reform Act even more urgent.
In Alaska, Ranked Choice Voting Worked
Partisan outrage over Sarah Palin's defeat shouldn't obscure the obvious benefits of better voting systems.
Wallowing Around in a Gerontocracy
Plus: The editors consider what type of fresh attacks the marijuana legalization movement is likely to encounter.
Colorado Voters Rejected Booze To-Go and Expanded Alcohol Delivery
Alcohol-related ballot measures were in play in several states last week. The results were lukewarm.
Nancy Pelosi Embodied America's Gerontocracy Problem
She was the beneficiary of a political system that limits opportunities for new ideas and new faces to rise.
Republicans Need an Actual Plan To Grow the Economy
The biggest beneficiaries of economic growth are poor people. But the deepest case for economic growth is a moral one.
The Red Wave That Wasn't
Plus: The editors field a question on U.S. ballot counting and talk more on Elon Musk’s Twitter takeover.
Yale Journal on Regulation Symposium on Peter Shane's "Democracy's Chief Executive"
Participants include Daniel Farber, Keith Whittington, Cristina Rodriguez, Lisa Heinzerling, and myself, among others.
Nevada Voters Could Smash the Two-Party Duopoly
Abolishing party-specific primary elections makes a lot of sense, and might help steer American democracy back towards the center.
'This Is What Democracy Looks Like. And It Kinda Sucks.'
Plus: Peter Suderman may or may not attempt a rendition of a famous rap from the movie Bulworth.
Law, Justice, and Russia's Attempted Annexation of Four Ukrainian Regions
Vladimir Putin's annexation plan is indefensible on both legal and moral grounds. Some of the reasons why have broader implications for normative theories of secession and self-determination.
Why (Most) Citizens Are Not "Responsible for the Actions of their State"
A comment by Estonian Prime Minister Kaja Kallas highlights a longstanding pernicious fallacy.
House Passes Electoral Count Act Reform Bill
The bill is similar to that drafted by a bipartisan group of senators. Either version, or a reconciliation between the two, would be a major step forward relative to the status quo.
Maybe a Ceremonial Monarchy Can Show the Way to a Less Powerful State
The real danger to citizens is the use of coercive government power, no matter how it’s named.
Why Are Democrats Dragging Their Feet on the Electoral Count Reform Act?
Biden says Republicans are plotting a repeat of 2020 in 2024. Maybe Congress should do something to prevent that?
Biden and Trump Stoke Division While Complaining About It
The current and former presidents offer dueling but equally apocalyptic takes on this fall’s elections.
Biden's Disturbing Speech Outside Independence Hall
Plus: The editors answer a question from a U.S. House candidate.
Three Points of Agreement on Democracy Protection
Sixth post in the symposium on the National Constitution Center "Restoring the Guardrails of Democracy" project. Edward Foley of Team Progressive highlights some points of agreement between the three reports.
Trump Disregards Democracy, While Biden Ignores Its Dangers
The president's attack on the "extreme ideology" of "MAGA Republicans" elides the tension between majority rule and individual freedom.
Biden's Presidential Address Was Actually a Campaign Speech
Plus: Backpage appeal hits the 9th Circuit today, E.U. petition would ban anyone born after 2010 from ever buying nicotine products, and more...
Not Everything Bad is "Anti-Democratic"—and that which is Democratic isn't Always Good
Tyler Cowen explains why it's a mistake to conflate democracy with what is good and just.
Guardrails of Democracy, Extended: Comparing Notes On The Team Libertarian Report
Fifth post in the symposium on the National Constitution Center "Restoring the Guardrails of Democracy" project. Walter Olson of Team Libertarian comments on similarities and differences between the three reports.
An Upgrade, not a Rebuild
Fourth post in the symposium on the National Constitution Center "Restoring the Guardrails of Democracy" project. David French presents the Team Conservative Report.
Restoring the Guardrails of Democracy: A Libertarian View
Third post in the symposium on the National Constitution Center "Restoring the Guardrails of Democracy" project. Walter Olson presents the Team Libertarian Report.
Three Reforms to Protect Democracy from Election Denialism
Second post in the symposium on the National Constitution Center "Restoring the Guardrails of Democracy" project. Edward Foley outlines the Team Progressive Report.
The National Constitution Center's "Restoring the Guardrails of Democracy" Initiative
First post in the Volokh Conspiracy symposium on the NCC "Restoring the Guardrails of Democracy" project.
Volokh Conspiracy Symposium on the National Constitution Center "Restoring the Guardrails of Democracy" Project
The symposium will include representatives of all three teams that drafted reports for the project: conservative, libertarian, and progressive.
The "Good Government Trilemma": Why We Can't Have Democracy, Accountability, and Big Government all at Once
Canadian legal scholar Leonid Sirota outlines some reasons why.
My New Book Chapter on "Top-Down and Bottom-Up Solutions to the Problem of Political Ignorance""
It is now available for download on SSRN. The chapter is part of a forthcoming volume on "The Epistemology of Democracy," edited by Hana Samaržija and Quassim Cassam.
Redistricting in New York Will Cost a Longtime Democrat a House Seat
Despite an overwhelming sense that the country is headed in the wrong direction, the only way most voters will fire an incumbent is by voting for a different incumbent instead.
Gerrymandering Is Making Elections Less Competitive
Cynical single-party gerrymandering contributes to and is driven by the hyperpartisanship that defines American politics right now.
The Democratic Establishment Teamed Up With Trump To Oust Peter Meijer
Michigan's 3rd district has produced two consecutive freedom-oriented Republican lawmakers. Tuesday's results ensure that there won't be a third.
The Senate's Election Reform Bill Is Surprisingly Logical and Bipartisan
Former President Trump's attempt to overturn the results of the 2020 election relied on three potential pressure points. This bill addresses all three.
If Ukraine Wants To Stand for Liberty and Democracy, It Should Rethink Some of Its Wartime Policies
We can condemn the actions of Moscow without forfeiting the right to point out missteps in Kyiv.
A Guide to Fixing the Electoral Count Act
Andy Craig of the Cato Institute has an excellent overview of this important issue.
Conservative Legal Luminaries Release Report Entitled "Lost, Not Stolen: The Conservative Case that Trump Lost and Biden Won the 2020 Presidential Election"
The authors include big-name conservative former federal judges Michael Luttig and Michael McConnell, former Bush Solicitor General Ted Olson, and others.
More on the National Constitution Center "Restoring the Guardrails of Democracy" Project
Video of presentations by the leaders of the Conservative, Libertarian, and Progressive Teams. Plus, my thoughts on a comparison of the three reports by Progressive Team leader Ned Foley.
Team Libertarian Report from National Constitution Center "Restoring the Guardrails of Democracy" Project Now Available on SSRN
I coauthored the report with Clark Neily and Walter Olson, both of the Cato Institute.
National Constitution Center Releases Reports on "Restoring the Guardrails of Democracy"
The project includes reports by conservative, libertarian, and progressive teams. I am coauthor of the Team Libertarian report.
How Socialism Leads to More Domination of Workers than Free Markets
Political philosopher Chris Freiman makes the case.
Can the January 6 Committee Hearings Break Through the Barriers of Political Ignorance and Bias Underpinning the Big Lie?
Most of those open to evidence already know that Trump tried to reverse the outcome of an election he legitimately lost. Reaching the rest is likely to be extremely difficult, at best.