The special House committee hearings investigating the events surrounding the Jan. 6, 2021, insurrection — which begin Thursday night in prime time — may serve multiple purposes: They could reveal more evidence that could be used to file criminal charges for attempted election subversion against some of former president Donald Trump’s lawyers, against people who tried to manipulate the count of electoral college votes and potentially against Trump himself. They could provide the most comprehensive account yet of the unprecedented attempt by Trump and his allies to disrupt the peaceful transition of power after the 2020 election — a gift to future historians. But the most important thing the hearings can do — given that, if someone tries to steal the next election, they won’t do it precisely the way Trump and his allies tried in 2020 — is to shift our gaze forward: They can highlight continuing vulnerabilities in our electoral system and propose ways to fix them, before it is too late. The hearings also represent the best chance to galvanize public support to address these weak points, which is important, because the window for passing such legislation is closing; if Republicans retake the House in November, they will never put forth bills that imply the country needs protection from Trump, their kingmaker. If these hearings don’t spur action by this summer or fall, expect Congress to do nothing before the 2024 elections, at which point American democracy will be in great danger. Any attempt to subvert the next presidential election is likely to be far more efficient and ruthlessly targeted than the last effort. It will be focused on holes and ambiguities in the arcane rules for counting electoral college votes set forth in the Constitution and in a poorly written 1887 law, the Electoral Count Act.
National: The Supreme Court may take territories off the map of the US | Stephen Kinzer/The Boston Globe
May the United States rule foreign territories without granting their inhabitants constitutional rights? Yes, according to landmark Supreme Court decisions in the “Insular Cases” more than a century ago. Without those decisions, our overseas territorial empire could not have existed. Suddenly that decision is under fierce attack from within the Court itself. The fate of America’s five populated colonies — Puerto Rico, the US Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands — may hang in the balance. In April the Supreme Court decided what seemed to be an abstruse case about federal benefits owed to Puerto Ricans. But Justice Neil Gorsuch’s opinion began with a startling passage. He asserted that the United States has no business deciding anything for Puerto Rico because our ownership of that island — and by extension other US colonies — is unconstitutional. “A century ago in the Insular Cases, this Court held that the federal government could rule Puerto Rico and other territories largely without regard to the Constitution,” Gorsuch wrote. “It is past time to acknowledge the gravity of this error and admit what we know to be true: the Insular Cases have no foundation in the Constitution and rest instead on racial stereotypes. They deserve no place in our law. . . . And I hope the day comes soon when the Court squarely overrules them.”
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