9-Free, Fair & Safe Elections
Safeguarding Elections and Voting
What is a Fair Election?
Preventing Voter Fraud
When Can a Foreign National Vote?
Voting as a Right
A Right and a Privilege
Can Voting Be a Right if Not Everyone Has It?
History: Franchise Denial
Parole and the Vote
Ending Denial by Statute
Amendment and the Vote
Voting as a Civic Duty
Increasing Voter Turnout
The Abstention Option
Should Voting be Mandatory?
How to End Citizens United
Errors Shouldn't Affect Precedent
The Constitution Says Corporations Aren't People
Corporations Don't Need Rights
Money Is Not Speech
Why Not Amend Anyway?
Cleaning Up Campaign Funding
Statutes and Cases
Limiting Campaign Duration
10 Myths about Campaign Finance Reform
Tax Rebates, Credits, or Campaign Vouchers
The Emperor Has No Clothes
The Public Debate is Self-Governance
The Constitution and Politics
Consent of the Governed
Preserving Consent in a Democracy
Public Campaign Funding
Why Pay for Campaigns? You Already Do
Public Funding Limits Campaign Spending
Public Funding Safeguards Electoral Outcomes
Public Funding Enforces Campaign Ethics
Foreign Governments and Campaigns
The Incumbency Advantage
Can We Do Without Public Funding?
Effective Public Campaign Funding
Percentage of GDP
Protecting Freedom of Speech
Limiting Repetition, Not Information
Ending Partisan or Foreign Electoral Control
Reducing the Incumbency Advantage
Representation on Trial: Evenwel v Abbott
Does Counting Everyone Disadvantage Voters?
The Context of a Clause
Congress and State Legislatures Represent the Same People.
So Equal Weight Doesn't Even Mean Citizen Votes?
One Vote, One Person or One Person, One Vote
History: Who is Represented? Who Votes?
Procedural Rules Binding Future Benches
Pop Quiz: How Many Reps Does Your State Have?
Frozen Apportionment Gets Worse
An Invalid Amendment by Statute
We Don’t Need the Freeze
A Floor and a Ceiling
Repeal or Amend?
Leashing the Gerrymander
Power in the House and Senate
The Dangers of Drawing Districts
Redistricting Without Gerrymandering
Options for Balanced Representation
Redistricting for Balanced Access
The National District Map
Redistricting and the Courts
Redistricting and Private Government
Redistricting for State Offices
The District of Columbia
Income Equality and Self-Governance
One Person, One Vote, One Dollar?
Why Seat the Protection Here?
12-Extensions of US Jurisdiction
The Constitution Follows the Flag
The Whole Text
Where None Have Gone Before
13- Checks & Balances
Federal Fiscal Management
Power of the Purse
The National Debt and the Deficit
Transfers and Reprogramming
Modern Financial Oversight Acts
No Private Government!
All Functions Are Accounted For
Titles of Nobility
Transferring Government as Private Property
Private Finance, Public Money
History: Banking Oversight in America, 1781-1913
The Federal Reserve
History: Banking Regulation, 1913-1980
10 Steps to Picking the Public’s Pocket
Goes Well with Tea and Quarantine
Curbing Influence Peddling
Rights of Government Officers
Who Guards the Guards Who Guard the Guards?
Enforcement in Congress
Standards for Impeachment
Expulsion and Impeachment are Not Discretionary.
Impeachment and the Courts
Forfeiture of Public Office
Candidates Are Not Officers Yet
Forfeiture of Delegation
Amendment XXV: Standards for Presidential Inability
Enforcement in the Courts
Using the Courts
Between a Rock and a Hard Place
Should the Department of Justice be an Independent Agency?
The Department of Justice
Enforcing the Law is a Judicial Function
State, Federal and Private Prosecution
Executive Judiciary? Legislative Judiciary?
Administrative Agencies’ Exemption from Judicial Review
Administrative Procedural Rulemaking
Administrative Substantive Rulemaking
Amending the Constitution
The Con-Con Con
The Final Extremity
28th Amendment to the Constitution of the United States
Why This Amendment?
Two Years or Bust
16-Making It All Work
Passing State and Local Law
Using Ballot Initiatives
Passing United States Law
Stages of Passage in Congress
Votes to Amend the Constitution
Hearings and Public Comment
Passing a Law: First Moves
Safe and Lawful Public Activism
Free Congress - Be Congress!
The America Fights Corruption! Caucus
The Hot 500: Indy, Third & Write-In Candidates to Congress
How to Write In a Candidate using Electronic Voting
Be Congress: Be a Write-In Candidate
Continuity of Congress
Inability to Attend Congress
The Balance of Powers in Emergencies
State Powers in Emergencies
Appendix A: The Declaration of Independence
Appendix B: A Slate of State and United States Reform Bills
Appendix C: Government Accountability Resources
1-The Rule of Law
United States Law
How to Read a Statutory Citation
Where to Find Your State’s Constitution and Laws
How to Read a Caselaw Citation
How Not to Read a Constitutional Citation
Reading the Constitution
The Constitution of the United States of America
Reading Law, for Laymen
Legal Definitions Used in This Course
History: Enlightenment Government
Rights and Liberties
Powers and Protections
Privileges and Immunities
Expressed or Implied?
Why Judges Disagree
Fun with Originalism
Six Reasons to Overturn a Precedent
Techniques of Four-Corners Analysis
What Must Be a Law?
The Preamble and National Values
The Constitution Defines Corruption
Public or Private Conduct
A Bright-Line Rule for Public Conduct
More Anti-Corruption Statutes
Who Can be Held Accountable?
Members of Congress are Officers
Invalid Amendment and Caselaw Drift
Is the Constitution Vague?
2-Getting the Facts
Public or Private Speech
Online Speech and Social Media
Truth in Government
The Freedom of Information Act (FOIA)
Addressing the Public for a Public Purpose
Two Rights: to Speak and to Hear
Internal Government Speech
History: Whistleblowers and National Security
Truth and Accuracy
The Public Debate
More Uses for Truth and Accuracy
The Most Important Clause in American Law
Restoring the Preamble
Preamble or Purview?
Steps to a Constitution
An Invalid Amendment by Ruling
Constitution versus Semi-Constitution
…and One for the Historians
Legal Fantasies and Nightmares
Restoring Invalidly Amended Text
Three Methods of Restoration
Can Congress Defy the Supreme Court?
A Check on Judicial Review
To Support the Constitution
One Mean, Tough Bill
Documenting the Constitution
Basics of Bill Drafting
Is the Time Right for Change?
What to Ask about Political Process Reforms
How Much Change is Enough?
Statute or Constitutional Amendment?
What to Ask Before Amending the Constitution
Example of a Bill in Full
Pop Quiz: What's Wrong with This Bill?
5-Access to Government
The Right of Access
The Right of Petition
Fraud, Coercion, Bribery and Lobbying
Lobbying the Bureaucracy: The Iron Triangle
Money! Presents! Benefits! Promises!
Lobbying the Chief Executive
What Does Direction of Exercise Mean?
Penalizing Political Coercion and Fraud
Who Judges the Judges?
Standards for Government Accountability
About the Government Accountability Act
The Compensation Clauses
Rebellion Against the Constitution
Access to State Government
Protecting Ballot Initiatives
Balancing Congressional Rules
Congressional Rules and the Courts
Balancing the Legislative Agenda
Equal Power in Public Functions
Bribery On Trial
McDonnell v US: How It Works, When It Works
…and When It Doesn’t
6-Rights and Powers
The People’s Reserved Rights and Powers
Persons and Peoples & Like That
The Three Functions of Amendment IX
Function 1: Rights Not Mentioned
Function 2: The Least Abridgment or Denial
Function 3: No Gaps in Rights Coverage
Bonus Function: Private Action
Extraconstitutional Rights and Powers
Full Sovereignty? or Quasi-?
Absolute and Qualified Immunity
We Have a Bad Idea
7-Separation of Powers
Another Take on Departmentalism
The Nondelegation Doctrine
Shifting Regulatory Powers
Congress in Conflict
Court Stripping Fails
Court Stripping Gets Up & Fails Again
Article I Courts
Linger and Lapse
The Legislative Veto
President in Conflict
Law or Executive Action?
Line-Item Vetoes and Signing Statements
What Can a President Do Unilaterally? The Full List
Judiciary in Conflict
All Cases and Controversies
The Cert Pool
The Myth of the Political Question
Abstention and Pendency
Reducing Caseload Lawfully
In Reality, Neither Final nor Infallible
States in Conflict
History: The Nation and the Federation of States
States’ Role in Making US Law
The Doctrine of Anti-Commandeering
State Executive Orders
Parties, Elections & the Courts
What is an Impartial Election?
History and Current Caselaw
The Secret of the Poll Tax Amendment
The Public Interest
Avoiding Partisanship in Electoral Process
Redelegating the Power to Regulate
Parties, Candidates and Voters
The Ballot Access Test
No Right or Power to Govern
Equality Among Parties
Self-Governance Controls in Elections
Equal Protection in Primaries
Forcing Voters to Associate
Do Parties Have Personhood Rights?
Party Campaign Funding
Can Primaries be Privately Governed?
Can the People Reclaim Elections?
52 USC 30101
The Electoral College
The Electoral Count Act
Six Myths about the Electoral College
What’s Wrong with the Electoral College?
Why Do We Use an Electoral College?
Electing Presidents by Popular Ballot
What Protections Already Exist?
Election by Allocation
National Popular Vote Compacts
What’s Wrong with these Methods?
Chiafolo v Washington
Qualifications for Elector
Time, Place or Manner, Not Outcome
Elector Means Voter
Voting is Discretionary
What Can We Do Right Now?
What We All Agree On
Ending Electoral Denial
Impartial Primary and General Elections
Ballot Access for Candidates and Electors
How to Make Elections Public and Impartial
Why Start with This?
Analysts, You’re Up!
Calling All Independent Candidates