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

September 13, 2020 in , /by

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

July 12, 2020 in /by

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

June 29, 2020 in , , , /by

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

June 11, 2020 in , /by

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.

How to Move a Sofa

April 6, 2020 in /by

I have always admired the modern political philosopher Chris Rock. One late evening a couple of years ago, I was watching one of his comedy specials and he was talking about how to get things done even when you are at war with your spouse.  Concluding that biting his tongue and cooperating was the way forward, he said “It’s a hell of a lot easier for two people to move a sofa than for one person to do it.”

Solar Energy and the Legislature: A Power Play in Charleston

March 21, 2020 in , , , /by

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.

Drinking Water From Plastic Bottles. Or Not.

February 24, 2020 in /by

Here is the news my world-wide readers have been waiting for. The winners of the 30th Annual Berkeley Springs International Water Tasting for 2020 are in! A panel of twelve judges sipped over 100 entrants at the competition. Believe it or not, the principal criterion for success was that the water should have no taste. Three of the top five winners in the Bottled Water category were Japanese. The best bottled water in the world is Hita no Homare Cosmo Water from Japan. Of course I am going to run right out and buy some. Or not.

Trump’s Obstruction of Congress: The Real Constitutional Threat

January 29, 2020 in , , /by

In the ongoing trial of Donald Trump, the House Managers have laid out a case on two articles of impeachment. Article I – abuse of Presidential power – received the most time and attention by the House Managers and the President’s defense team. However, Article II, charging the President with obstruction of Congress, describes conduct that will have more far reaching consequences for the nation. At the President’s direction, the White House and federal agencies have refused to produce a single document. He has also directed key federal employees to refuse to appear for testimony. If a President can unilaterally declare impeachment proceedings in the House to be invalid, and on that basis deprive those proceedings of crucial evidence, what is left of the impeachment power?

West Virginia’s Green Amendment

December 15, 2019 in , /by

On February 11, 2019, thirty-two West Virginia legislators — all Democrats — introduced Resolution 25 in the West Virginia House of Delegates. The Resolution called for an amendment to the West Virginia Constitution creating a right to clean air, pure water, and the preservation of the natural, scenic, historic, and aesthetic values of the environment. Modeled on a similar amendment in Pennsylvania, the “Green Amendment” declares that these public natural resources are the common property of the people and appoints the State of West Virginia as trustee of those resources. These declarations would have sweeping legal consequences if the Green Amendment is adopted.

What Are We Going To Do About It?

November 8, 2019 in , , , , /by

Even before the upcoming public impeachment hearings, we know the facts. Despite the blizzard of falsehoods issued by Presidential tweet to cover up the crime – it was a “perfect call”, there was no quid pro quo — all these have been discredited, one by one, then abandoned. We know this: the President used our money, not his own, to squeeze a desperate country into providing political dirt on Joe Biden, Trump’s possible opponent in the 2020 election. This extortion was intended to benefit himself, not the country. So the question is not what happened. Rather, the question is what are we going to do about it?