Skip to content
Search

Latest Stories

Follow Us:
Top Stories

The Goldilocks Constitution is no fairy tale

U.S. Constitution
Douglas Sacha/Getty Images

Frazier is an assistant professor at the Crump College of Law at St. Thomas University. Starting this summer, he will serve as a Tarbell fellow.

When the Framers sat down to think about the best form of government for America, they had few good reasons to think a republic would succeed. Looking back at historical examples of failed democracies and oppressive autocracies, James Madison and the other members of the Constitutional Convention quickly saw that building a durable government is easier said than done.

Though republics, too, had their faults, the Framers believed that they had taken sufficient precautions to reduce the odds of worst-case outcomes. They gave us a Goldilocks Constitution. Not too hot — meaning the nation would not be governed by the whims of temporary political winds. Not too cold — able to respond to crises and controversies. Just right — insisting upon deliberate and deliberative processes to lead to effective and legitimate governance.


In short, they didn’t think the Constitution was perfect but they were convinced it would be resilient. Our Goldilocks document, however, has shown signs of no longer being able to moderate extremism. We’re running too hot — short-term political thinking often determines our governing agenda and too cold — problems that require sustained and substantial political attention have been ignored or, worse, deemed too hard to solve.

Getting back to the Goldilocks Zone means restoring our faith in and demand for democratic processes. Our shared priority should be holding each branch of government accountable for adhering to their respective roles: an executive branch that governs less by executive order and more by effective administration; a judicial branch that adjudicates as impartially as possible and leaves policy decisions to the political branches; and a legislative branch that timely passes the laws required for the nation to keep moving forward. Of course, this requires holding ourselves and our fellow Americans accountable for accepting the results of this process even when they may not precisely align with our own ideological preferences.

Scholars often think the Framers had an end destination in mind when they wrote the Constitution — they scour diaries, journals and other scraps of history like Nicholas Cage in the “National Treasure” movies to find some hidden message in between the document’s relatively few lines. Unsurprisingly, no one has discovered the one North Star that neatly resolves all the ambiguity and uncertainty within the Constitution. My own two cents is that they should stop looking — the Framers weren’t trying to point us in a specific direction so much as they were trying to make sure we didn’t drive off a cliff.

Thinking of the Constitution as a set of guardrails rather than a compass should free us to focus less on litigating the past and more on following the processes they set forth to ensure a resilient, workable government. This constitutional framework should also nudge us to more vigorously defend those processes against political forces that think their policy goals are more important than our democratic longevity.

The Framers intentionally developed a system that sniffs out shortcuts and decreases the need for detours — the best way forward is through. Let’s make sure each branch does its job; let’s show up at the polls; let’s monitor whether politicians, agencies and judges play by the rules of the game. The sooner we all collectively embrace a Goldilocks Constitution as a good thing, the sooner we can fulfill our respective roles as citizens: protecting our Constitution, our elections and our laws against all threats.

Read More

Red elephants and blue donkeys

The ACA subsidy deadline reveals how Republican paralysis and loyalty-driven leadership are hollowing out Congress’s ability to govern.

Carol Yepes

Governing by Breakdown: The Cost of Congressional Paralysis

Picture a bridge with a clearly posted warning: without a routine maintenance fix, it will close. Engineers agree on the repair, but the construction crew in charge refuses to act. The problem is not that the fix is controversial or complex, but that making the repair might be seen as endorsing the bridge itself.

So, traffic keeps moving, the deadline approaches, and those responsible promise to revisit the issue “next year,” even as the risk of failure grows. The danger is that the bridge fails anyway, leaving everyone who depends on it to bear the cost of inaction.

Keep ReadingShow less
Who thinks Republicans will suffer in the 2026 midterms? Republican members of Congress

U.S. Speaker of the House Mike Johnson (R-LA); House Chamber at the U.S. Capitol on December 17, 2025,.

(Photo by Kevin Dietsch/Getty Images)

Who thinks Republicans will suffer in the 2026 midterms? Republican members of Congress

The midterm elections for Congress won’t take place until November, but already a record number of members have declared their intention not to run – a total of 43 in the House, plus 10 senators. Perhaps the most high-profile person to depart, Republican Rep. Marjorie Taylor Greene of Georgia, announced her intention in November not just to retire but to resign from Congress entirely on Jan. 5 – a full year before her term was set to expire.

There are political dynamics that explain this rush to the exits, including frustrations with gridlock and President Donald Trump’s lackluster approval ratings, which could hurt Republicans at the ballot box.

Keep ReadingShow less
Social Security card, treasury check and $100 bills
In swing states, both parties agree on ideas to save Social Security
JJ Gouin/Getty Images

Social Security Still Works, but Its Future Is Up to Us

Like many people over 60 and thinking seriously about retirement, I’ve been paying closer attention to Social Security, and recent changes have made me concerned.

Since its creation during the Great Depression, Social Security has been one of the most successful federal programs in U.S. history. It has survived wars, recessions, demographic change, and repeated ideological attacks, yet it continues to do what it was designed to do: provide a basic floor of income security for older Americans. Before Social Security, old age often meant poverty, dependence on family, or institutionalization. After its adoption, a decent retirement became achievable for millions.

Keep ReadingShow less
How Texas’ Housing Changes Betray Its Most Vulnerable Communities
Miniature houses with euro banknotes and sticky notes.

How Texas’ Housing Changes Betray Its Most Vulnerable Communities

While we celebrate the Christmas season, hardworking Texans, who we all depend on to teach our children, respond to emergencies, and staff our hospitals, are fretting about where they will live when a recently passed housing bill takes effect in 2026.

Born out of a surge in NIMBY (“not in my backyard”) politics and fueled by a self-interested landlord lawmaker, HB21 threatens to deepen the state’s housing crisis by restricting housing options—targeting affordable developments and the families who depend on them.

Keep ReadingShow less