4th July 2026
A republic, if they can keep it – as Franklin said
Today is the 250th anniversary of the declaration of independence by a group of people who took land from one group of people and enslaved another group of people. All in the name of liberty.
Still, it was a step in the right direction, if not really a stride. In principle, a republic is better than a monarchy, and a federal system is generally better than a unitary state. And the theory of a separation of powers, with checks and balances, is a very fine theory indeed.
Over at Prospect I have done a Weekly Constitutional piece on how the United States and England, supposedly both from the same common law origin, have ended up with very different views on executive power.
In England and Wales (and in the United Kingdom, though this blog is always mindful that Scotland and Northern Ireland have their own legal systems), a primary statute that expressly limited executive power would be respected by the courts. But in the United States, a statute doing the very same was this week struck down by the supreme court.
It is an odd outcome for a nation some 250 years after ridding itself of a monarchy.
But happy birthday all the same.
Yes, well, we have a Supreme Court of which four of nine members cannot even agree that the plain wording of the 14th Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside” means what it says.
250 years after a successful colonial revolt south of the border , how much worse off are Canadians? No mass extermination of the indigenous peoples, no slavery, workable welfare legislation, and an educated, honest , moderate leader. Go figure.