January 2026

WE REDEFINED SOVEREIGNTY 250 YEARS AGO:

US decapitation doctrine signals end of Westphalian order (Imran Khalid, January 13, 2026, Asia Times)

To understand the gravity of this moment, one must look at the history of sovereign immunity. Since the mid-17th century, the international system has functioned on the “fiction” of equal sovereignty. Whether a nation was a global empire or a tiny principality, its leader was considered the personification of the state and thus beyond the reach of foreign domestic law.

This was not a moral judgment, but a practical one designed to prevent a cycle of endless retributive litigation between nations. By breaking this seal, the United States has effectively signaled that sovereignty is no longer an absolute right, but a privilege granted by the powerful to the compliant.

liberalism is required for a regime to be a legitimate sovereign.

WE JUST CLAIMED OUR RIGHTS AS ENGLISHMEN:

A Revolution Not Made but Prevented : “The major issue of the American Revolution was the true constitution of the British Empire.” (Russell Kirk, Fall 1985, Modern Age)

Was the American War of Independence a revolution? In the view of Edmund Burke and of the Whigs generally, it was not the sort of political and social overturn that the word “revolution” has come to signify nowadays. Rather, it paralleled that alteration of government in Britain which accompanied the accession of William and Mary to the throne, and which is styled, somewhat confusingly, “The Glorious Revolution of 1688.”

The most learned editor of Burke’s works, E. J. Payne, summarizes Burke’s account of the events of 1688–89 as “a revolution not made but prevented.” Let us see how that theory may be applicable to North American events nine decades later.

We need first to examine definitions of that ambiguous word “revolution.” The signification of the word was altered greatly by the catastrophic events of the French Revolution, commencing only two years after the Constitutional Convention of the United States. Before the French explosion of 1789–99, “revolution” commonly was employed to describe a round of periodic or recurrent changes or events—that is, the process of coming full cycle; or the act of rolling back or moving back, a return to a point previously occupied.

Not until the French radicals utterly overturned the old political and social order in their country did the word “revolution” acquire its present general meaning of a truly radical change in social and governmental institutions, a tremendous convulsion in society, producing huge alterations that might never be undone. Thus when the eighteenth-century Whigs praised the “Glorious Revolution” of 1688, which established their party’s domination, they did not mean that William and Mary, the Act of Settlement, and the Declaration of Rights had produced a radically new English political and social order. On the contrary, they argued that the English Revolution had restored tried and true constitutional practices, preservative of immemorial ways. It was James II, they contended, who had been perverting the English constitution; his overthrow had been a return, a rolling-back, to old constitutional order; the Revolution of 1688, in short, had been a healthy reaction, not a bold innovation.

KNOWN KNOWNS:

Why sports stars who head the ball are much more likely to die of Alzheimer’s, Parkinson’s and motor neurone disease (Jasmin Fox-Skelly, 1/06/26, BBC)

The dangers of contact sports have actually been known about for almost 100 years. In 1928, US pathologist Harrison Martland published a scientific article arguing that, “for some time, fight fans and promoters have recognised a peculiar condition occurring among prize fighters which, in ring parlance, they speak of as ‘punch drunk’.”

Symptoms included a staggering gait and mental confusion, and were most common in “fighters of the slugging type, who are usually poor boxers and who take considerable head punishment”. In some cases, punch-drunkenness progressed to dementia, later classed as “dementia pugilistica” – a type of dementia occurring in boxers who have experienced repeated head injury.

At first, it was thought the problem was confined to boxing. But in recent decades that understanding has changed. In 2002, West Bromwich Albion and England soccer player Jeff Astle died at the age of 59 following a diagnosis of early onset dementia. In the US meanwhile, American football player Mike Webster died suddenly age 50 after experiencing cognitive decline and other Parkinson’s-like symptoms. In both cases, examination of the sports stars’ brains showed they had died from chronic traumatic encephalopathy (CTE) – a more modern term replacing the diagnosis of dementia pugilistica.

Always fun when tobacco advocates claim no one knew the cancer risks of smoking and then you read an old novel referring to cigarettes as coffin nails.

NOTHING TO OFFER BUT HATREDS:

Pareto Punishment: The Trump movement in its death throes. (Kevin D. Williamson, 12/15/25, The Dispatch)

Some political disputes are impossible to resolve because they involve fundamental principles—and, in some cases, fundamentally American principles: The fight over abortion, for example, pits one libertarian argument (for women’s individual bodily autonomy) against another libertarian argument (for the bodily autonomy of the unborn), at the root of which is a disagreement over a question of fact (whether there is a second individual with rights to consider). Some disputes are difficult but not impossible to resolve because they involve good-faith disagreements over preferences and priorities: Americans who are more risk averse tend to prefer a larger and more expensive welfare state and are willing to trade some quality and innovation in medical care in exchange for more certainty about prices and access to care, whereas Americans who are less risk averse are more open to approaches based on market operations, competition, and consumer choice. There is not really a correct or incorrect level of risk aversion, objectively speaking: We have different preferences based on our own situations, our own experiences, and our own temperaments. And that is precisely the kind of situation in which it is possible to come up with solutions based on, or at least adjacent to, that Pareto concept: When something is very important to the other side and not very important to you, that is the place to give in—and when something is very important to you but not very important to the other side, that is an opportunity for getting your own way.

But when political failure—or political treachery—is defined as cooperating with the other side or by giving the other side anything of importance to its partisans, then there is no room for compromise or consensus-building. At this political moment, Republicans are particularly perverse: If a Republican leader manages to win some Democratic support for a Republican proposal, this is taken by the Marjorie Taylor Greenes of the world as an indictment rather than as evidence of basic political skill on the simpleton’s theory that if the Democrats are for it, then it must be bad. Greene may be trying to rehabilitate her reputation lately, but that remains her fundamental orientation.

I have a sense, admittedly based on nothing more than subjective evaluation, that the Trump movement already is over, and that what we are seeing today is only its death twitches before rigor mortis starts setting in. A movement based on entirely negative deliverables—Épater la bourgeoisie!—is naturally going to be a short-lived thing. If my sense is correct, then this is a ripe moment—if anybody has the wit to make something of it. Doing that starts with looking across the table and starting the conversation: “Okay, then—what do you want?”

DON’T REBUILD IN DISASTER ZONES:

The Los Angeles wildfires were ‘the perfect storm’. Is the city ready for the next one? (Gabrielle Canon, 7 Jan 2026, The Guardian)

The dangers are not confined to Los Angeles. There are more than 1,100 communities in 32 states across the US with characteristics similar to those that burned in the LA fires, data from the US Forest Service shows – and they are not only in the west. Researchers estimate roughly 115 million people – more than a third of the US population – live in areas that could host the next fire disaster.

The extreme conditions that aligned here were rare; but the dangers are only increasing. Los Angeles will have to prepare itself, even as the metropolis undergoes the arduous challenge of climbing out from under this catastrophe.

At a minimum, insurance policies ought not grant policies.

JUST THREE BRANCHES:

Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1881 to 1901: Every president from 1881 to 1901 successfully defended presidential at-will removal power. (Steven Calabresi, 1.6.2026, Volokh Conspiracy)

During the oral argument in Trump v. Slaughter, Justice Amy Coney Barrett asked counsel for respondent Slaughter how long independent agencies had existed for and counsel suggested to her, incorrectly, that they dated back to the last twenty years of the 19th Century. In fact, as I will show in a series of posts on this blog, no truly independent agency ever existed prior to the decision in Humphrey’s Executor v. United States in 1935. My full account of the history of presidential resistance to the creation of independent agencies during this period appears in: Steven G. Calabresi & Christopher S. Yoo, The Unitary Executive: Presidential Power from Washington to Bush (Yale University Press 2008). This blog post will discuss presidential removal power from 1881 to 1901. Subsequent posts will examine presidential removal power from 1901 to 2009. None of these posts could have been written by me without consulting and quoting from the excellent work done by my book co-author, Professor Christopher S. Yoo. He gets all the credit, and I take all the blame for whatever is said below.

In recounting our actual practice from 1881 to 1999, I do not mean to endorse the view that this practice is constitutionally relevant to deciding Trump v. Slaughter. I believe that President Trump should win this case because of the original public meaning of the text of the Constitution. I recognize, however, that only two of the nine justices on the current Supreme Court follow exclusively the original public meaning of the Constitution’s text. All the other seven justices on today’s Supreme Court think, to various degrees, that arguments from practice are sometimes relevant to the question of whether Humphrey’s Executor (1935) should be overruled. Since I have co-published the book with Christopher Yoo cited above on our actual practice, and since the issue is now pending before the Supreme Court, I want to explain why the arguments from presidential practice that Christopher Yoo helped me to write about 18 years ago support overruling Humphrey’s Executor (1935).

THAT WAS EASY:

US energy company installs first fusion magnet, nears clean power breakthrough (Sujita Sinha, 1/07/26, Interesting Engineering)


The newly installed D-shaped magnet is the first of 18 that will form a doughnut-like structure to confine and compress plasma. Each magnet weighs about 24 tons and can generate a 20-tesla magnetic field, roughly 13 times stronger than a standard MRI machine.

“It’s the type of magnet that you could use to, like, lift an aircraft carrier,” said Bob Mumgaard, CFS’ co-founder and CEO.

The magnets will sit upright on a 24-foot-wide, 75-ton stainless steel circle called a cryostat, which was installed last March. To operate safely, the magnets will be cooled to -423°F (-253°C) to conduct over 30,000 amps of current. Inside the doughnut, plasma will burn at more than 180 million degrees Fahrenheit (100 million°C).

Mumgaard explained, “It’ll go bang, bang, bang throughout the first half of this year as we put together this revolutionary technology.”

Today is always ten years from now.

A GENEROUS PEOPLE:

US Has the Most Progressive Tax System in the Developed World (Adam N. Michel, 1/06/26, Cato at Liberty)

An IRS tax refund check and several fifty dollar bills are showing between two account ledgers
The United States places an unusually heavy share of the tax burden on higher earners. You wouldn’t know this from hearing some politicians claim that the rich escape next to tax-free or deserve to be taxed at higher rates. In reality, the data show the opposite. The most recent example is a study by the Fraser Institute, which shows the US ranks first out of 33 developed countries as having the most progressive tax system.

Nevermind our disproportionate level of charitable giving.