“‘We live in the age of the revolt against the elites,’ writes Hugo Drochon in his new insightful book Elites and Democracy, summarizing the strides made by populist forces, on the right and on the left, in the West and beyond, in the last decade. The paradox, he observes, is that while populist leaders all reject the elite, they themselves are often part of the elites, either economic or political. Modern politics is thus best understood as the process of one elite replacing another. This basic insight opens up a perspective on the relationship between elites and democracy, which Drochon theorizes with the aid of twentieth-century political thought.” (02/24/26)
Source: Property and Environment Research Center
by Travis Brammer
“As older landowners retire, many have no successor ready to step in. When ranches do not transfer to the next generation, they are far more likely to be subdivided or converted to non-open space. According to the American Farmland Trust, nearly 300 million acres of U.S. farm and ranchland, almost the size of Alaska, are expected to change hands in the coming decades. What happens to that land will shape wildlife habitat, water resources, rural communities, and open spaces across the country. If conservation depends on keeping land intact and working, then keeping ranching viable for the next generation matters more than ever. Virtual fencing offers a promising new tool to meet the challenge.” (02/24/26)
“When I write or speak about the alarming things I see as an Exvangelical in an America where Christian nationalism is ascendant, I sometimes receive indignant replies. I’ll be asked if I actually mean what I said, or if I’m perhaps exaggerating. If I say something in earnest, I mean what I write. I was asked recently if I actually think there is a real movement to repeal the 19th Amendment. Yes. There is.” (02/24/26)
“Tax and expenditure limitations in state constitutions — known to cognoscenti as ‘TELs’ — vary in their scope. But if effective in curbing government fiscal powers, they are invariably controversial, and courts and legislatures regularly seek ways to undermine them. The average effective lifespan of most TELs is only five years. A particularly famous TEL is Colorado’s Taxpayer’s Bill of Rights (TABOR), inserted into the state constitution by popular vote in 1992. Despite dire warnings that TABOR would destroy the state — and continued charges that it is starving government — Colorado has prospered since it took effect.” (02/24/26)
“The nondelegation doctrine says that Congress may delegate its legislative authority to the president only under certain limited circumstances. Those limits are there to enforce the constitutional separation of powers. Thomas would eliminate many of those limits. In his view, the nondelegation doctrine simply should not apply when a case involves what he characterizes as a non-core legislative power. What is a non-core legislative power? Thomas offered a few examples, including ‘the powers to raise and support armies’ and ‘to regulate foreign commerce.’ According to Thomas, because these powers originally descended from the kingly authority of the British crown, it is entirely proper for Congress to surrender them without limit to the executive branch. One problem with this argument is that it runs counter to the text of the Constitution.” (02/24/26)
“In his State of the Union speech Tuesday, President Trump should boast of his triumphs this last year — and offer a frank and positive take on the work still ahead. The nation should see him as the happy warrior he deserves to be: cheerful, proud, upbeat. Trump began his second term full of optimism, promising ‘a golden age,’ reversing the misery and turmoil of the Biden years — and immediately started making good on his vows.” (02/24/26)
“On Friday, the Supreme Court struck down sweeping tariffs that President Trump had imposed globally. Trump had claimed authority under a 1977 law, the International Emergency Economic Powers Act (IEEPA). But the IEEPA did not mention tariffs and, in a 6-3 decision, the Supreme Court ruled that Trump exceeded his authority. Trump, in a fit of pique, immediately announced that he was imposing a new 10% global tariff, citing Section 122 of the Trade Act of 1974. The next day, Trump raised the tariff to 15%. Several prominent outlets falsely reported that the Trade Act gives Trump the legal authority to impose temporary tariffs of up to 15% in response to trade deficits …. Section 122 of the Trade Act gives the president the authority to temporarily impose tariffs in response to ‘large and serious United States balance-of-payments deficits,’ not trade deficits. The United States does not have a balance-of-payments deficit, much less a large and serious one.” (02/24/26)
“The Supreme Court’s decision in Learning Resources v. Trump will have immediate political effects, substantial economic effects, and more subtle but long-run effects on the shape of the law. Doctrinally, its significance may seem limited because the opinions fracture on nearly everything beyond a single issue under a specific statute — the International Emergency Economic Powers Act (IEEPA). Six members of the Court agreed only that IEEPA does not authorize the president to impose tariffs. Even on that conclusion, however, the justices split into two camps: one relied on the major questions doctrine, namely that because of the extraordinary power claimed, Congress had to speak more clearly than it did, while the other concluded the president’s lack of authority was manifest without reliance on any clear-statement rule. Nevertheless, the case is still significant for the separation of powers.” (02/24/26)
“Trump administration officials are trying to put a brave face on the stinging rebuke just delivered by the Supreme Court in its ruling that most of the tariffs imposed since April 2025 (the IEEPA tariffs) are illegal. Never one to accept limitations on his power, Trump rushed to impose new tariffs using an obscure clause, Section 122 of the 1974 Trade Act. Section 122 tariffs have a 150-day limit, at which point they expire. So Trump officials are now claiming that they’ll find ways to reconstruct the tariffs using other legal loopholes before the expiration date is reached. I don’t know how well this strategy will actually work. To the extent that it does work, we will be in the grip of zombie tariffs — tariffs that should be dead, because they were clearly imposed illegally, but that somehow keep shambling along.” (02/24/26)
