Panhandle Progressive

The Framers Never Intended to Bind Us Forever to 1789

The essence of the doctrine of originalism is that the only proper way to interpret the Constitution is to determine the original intent of the Framers. But what if the original intent of the Framers was actually that the Constitution should live and breathe in each period of our history and not be limited to what it meant in 1789? There is considerable evidence that this is exactly what the Framers intended. They knew that without a supple Constitution, that very document risks creating the conditions for its own replacement, and how that happens may not be pretty.

Finding Where Your Rights End and Mine Begin

I get annoyed by inane government rules and being told what to do by officious clerks.  I have always had a small authority problem.  I’ll wager I am not alone in this, but a developmental task toward adulthood is recognizing this as a personal failing.  It is not evidence of some natural or constitutional right to be ornery.

The Electoral College: How it Works – and Doesn’t Work.

Let’s start with a simple proposition with which most everyone these days would agree – the President of the United States should be elected by a majority of voters. Over this nation’s more than 240-year history, our understanding of democracy has come to mean one person one vote, with each of those votes being equally valuable. Nowhere should that be more important than in the election of the President. But our Founders had a different notion of how the election of the President should work.

Regulating Hate Speech in Social Media

Recently, Facebook released an audit of its policies relating to hate speech and other troubling forms of speech. The audit blistered Facebook for being too slow and too tepid in its response. Facebook has traditionally been a proponent of “free expression” and its reluctance to regulate any kind of speech is laudable in many ways. But this is not a First Amendment issue. Facebook is a non-governmental actor not subject to the First Amendment. It can create whatever rules it wants for its platform. Facebook’s decisions on what speech to forbid or regulate are heavily influenced by the desires of its advertisers and other stakeholders – you and I. So what speech is permitted on Facebook is really the product of community self-regulation.

What President Biden Could Do for the Environment in His First Ninety Days

There can be little debate that the Trump administration has been more hostile to sound environmental policy than any administration in modern history. From the start President Trump identified environmental protection as the territory of Obama liberals and played strongly to his populist base and big fossil fuel industry donors by dismantling every protection in sight. So, a Biden administration has a lot of work to do restoring the positive direction set in previous administrations. Here is where I think he should start.

Trump Flails Again at Environmental Law and Policy

While we were distracted by a pandemic, a recession, and an uprising in the streets, Donald Trump attempted to upend decades of environmental law and policy with the stroke of his pen. In an executive order dated June 4, 2020, President Trump directed all federal agencies to use “emergency powers” to speed infrastructure work, specifically waiving or bypassing where possible the National Environmental Policy Act, the Endangered Species Act and the Clean Water Act. Trump justified this order on the basis of the “economic emergency” existing in the country created by the national COVID-19 response. This shouldn’t surprise us – Trump has used every excuse to undermine environmental regulations from the start of his Administration, often favoring oil, gas and coal interests. But the scope of this executive order is audacious.

Solar Energy and the Legislature: A Power Play in Charleston

For a state beholden to the coal and natural gas industries, solar energy generated a lot of heat at the recent West Virginia legislative session. Two initiatives concerning alternative energy, including solar, were introduced. One survived and will become law. Unfortunately, the survivor is a timid effort to attract a specific hi-tech enterprise that will involve no new solar energy facilities unless that enterprise locates here. But progress on renewable energy in West Virginia will have to be made in small steps, and this was a start.