| ◼ To discourage fraud and promote election integrity, it might be better if states mandated that mail-in ballots be received by the registrar no later than Election Day. But are states required by federal law to mandate mail-in receipt by Election Day? In a 5–4 decision in Watson v. Republican National Committee, the Supreme Court said no, upholding a Mississippi law that permits counting ballots received up to five days after Election Day. As Justice Barrett explained, the Constitution leaves most details about federal elections to state management, with the proviso that Congress can supersede them if it does so clearly. It’s up to Congress to write a better law.
◼ The Supreme Court also decided two cases on the president’s power to remove executive branch officials. Chief Justice Roberts, who wrote both decisions, got them only half right. In Trump v. Slaughter, the Court rightly concluded that the Constitution puts the president alone in charge of the executive branch, and therefore the president must be able to fire anyone who runs an agency with executive powers. In Slaughter, that meant the head of the Federal Trade Commission. (The pity is that we have a Federal Trade Commission.) In Trump v. Cook, the Court blocked Trump from removing Federal Reserve Governor Lisa Cook and created a special rule just for the Fed: Congress can restrict the president from removing the governors. Roberts and Justice Kavanaugh, who joined the Court’s three liberals to make a 5–4 majority in Cook, emphasized that the Fed is essential. But the Constitution contains no “too big to be illegal” clause. The Founders may have concluded that a central bank free of political pressure was necessary—and Alexander Hamilton may have won the argument with James Madison that the Constitution empowers Congress to create a central bank—but we know very well that they typically preferred to strike the separation-of-powers balance in favor of democratically accountable branches that were checked by other branches. When they wanted to create a truly independent branch, as they did with the judiciary, they did so explicitly. They could have put an independent central bank in the Constitution; if we want to secure one, we still could.
◼ The Supreme Court’s decisions on other hot-button issues may get more headlines, but few rulings this term are apt to have effects as far-reaching as National Republican Senatorial Committee v. Federal Election Commission. The decision struck down—on First Amendment grounds—the decades-old campaign finance laws that limited the amount political parties could spend in coordination with campaigns. The 6–3 opinion, written by Justice Kavanaugh, could not come at a better time, when the parties have been systematically weakened relative to outside groups. It also frees parties from the obligation of pretending not to know what their candidates are doing. The law should discourage that sort of society-wide fraud as much as it should refrain from throttling political speech about campaigns, which is fundamental to democracy.
◼ Earlier this year, Spain’s leftist government, acting by decree, changed the law to allow illegal immigrants who had been living in the country for five months prior to January 1 and who had no criminal record to apply to “regularize” their status. Some 1,200,000 have applied. The number of successful applicants will be smaller, but perhaps not by much. Spain’s prime minister, Pedro Sánchez, has dubbed the amnesty an act of justice (for whom?). Seemingly unaware of automation, he is also plugging the scheme as a way to boost Spain’s economy and pension system. But trailing in the polls and with an election due next year, Sánchez may well be calculating that increasing political polarization will help him. Or perhaps he just wants to force through an irreversible change before he is turfed out, as he deserves to be.
◼ The transatlantic divide over air-conditioning widened when Audrey Pulvar, one of the many deputy mayors of Paris, blamed last week’s heat wave partly on America. As “the second-largest emitter of greenhouse gases in the world,” the U.S. and its “90 percent air-conditioned cities” bear “a significant responsibility for global warming,” she declared. At least Pulvar acknowledged that the U.S. was only the second-worst climate criminal. China, because of its growing wealth, its sweatier location, and its population, has more AC units than any other country. The Chinese, unlike the Europeans, are adapting, as humans have always done, to a changing climate. The resistance of Europe’s leaders to AC is based not on “The Science” but on bossiness and immense self-regard—and it costs lives.
◼ This Fourth of July marks America’s 250th year of independence: an anniversary worthy of celebration. The United States remains the freest, most prosperous, and most powerful nation on earth. Millions of people around the world dream of becoming Americans, our universities attract the world’s brightest minds, and America leads global innovation. Because of its people, and because of its creed, America has always been greater than the doubts of the current moment. That “the great cause of mankind” has weathered 250 years of turmoil, division, and uncertainty gives us much to celebrate—and much to look forward to. |