Showing posts with label checks and balances. Show all posts
Showing posts with label checks and balances. Show all posts

Friday, January 30, 2026

On America’s Dominance in NATO: The E.U. as a Contributory Factor

Just after the E.U. had successfully negotiated (mostly) free-trade treaties with India and a few South American state-level countries, the E.U. and U.S. were at odds on the ownership and control of Greenland to such an extent that the NATO alliance was strained if not fraught. The resulting power-vacuum with respect to military alliances could be filled by the E.U. strengthening its federal foreign policy and defense powers and forming a military alliance with India and even South America in order to put less reliance and thus pressure on the weakened NATO alliance.  This is not to say that new military alliances would necessarily or even probably form; rather, such alliances would be in line with the dynamics and logic of power itself at the international level. I contend that the unbalanced balance of federal-state power in foreign policy and defense in the E.U. was a major contributory factor of the dominance of the U.S. in NATO.

U.S. President’s politically aggressive threats regarding making Greenland a U.S. territory (but not a state) made the American dominance in NATO suddenly unsavory to the Europeans. At the end of January, 2026, the former European Council president Charles Michel was unusually blunt by European (but not American Midwestern) standards. “NATO chief Mark Rutte should stop being an ‘American agent’ and unite the fraught military alliance in the face of the United States’ ‘hostile rhetoric’ and ‘intimidation’,” Michel told Euronews.[1] Whereas his words, hostile rhetoric and intimidation, applied to President Trump were nothing new; it was the expression, American agent, that stood out. Even though the dominance of the mighty American military power in NATO was hardly news, that Michel said it out loud signaled the depth of the Europeans’ displeasure at Trump’s overt messaging on Greenland. Michel was just as blunt about Rutte himself. “I want to be clear, Mark Rutte is disappointing and I’m losing confidence. . . . I’m not expecting Mark Rutte to be an American agent. I’m expecting Mark to work for unity within NATO,” Michel said.[2]

Rutte’s claim that Trump was the “Daddy” of NATO was admittedly over the top (Trump’s ego hardly needed the accolade of Daddy), but Michel’s criticism is weaker concerning Rutte’s efforts to find “an off-ramp for Trump to climb down on his recent threats to trigger a trade war” with the E.U. over differences on Greenland.[3] Dissipating the related economic and political escalations between countries in NATO served the interests of unity in NATO, so Rutte deserves credit for providing Trump with an off-ramp.

Michel also claimed that the E.U. had been a “very loyal partner” to the U.S. and thus did not deserve Trump’s threats.[4] Instead of going on to analyze the relative validity of the positions of the E.U. and U.S. on which continent should own and control Greenland, the road less travelled by analysts concerns the argument that the E.U. would be more likely to reach a parity of power with the U.S. in NATO were the E.U. states willing to transfer more governmental sovereignty to the federal level in foreign policy and defense. This would include (but not be limited to) moving off reliance on the principle of unanimity to hold votes in the Council by qualified-majority. As the executive branch, the Commission would of course have more shared and exclusive competencies (i.e., enumerated powers) in foreign affairs and militarily (with control over more than the 60,000 troops). As in the U.S., both the states and the Union would have armies, and the Commission could temporarily borrow the state militias as needed. That the state governments have direct power in the European Council and the Council of Ministers, whereas the American states are only indirectly represented in the U.S. Senate, means that the E.U. would be less likely to abuse its federal police and even the federal borrowing of state armies as Trump was able to do.

Moreover, that the U.S. had become so violent, in part due to the astounding corruption in local police departments and in part due to the Trump administration is itself a reason why E.U. citizens and their elected representatives have good reason to bolster defense at the federal level. Gone were the days when America stood for the little guys rather than the bullies in the world. Unfortunately, the language that speaks most clearly to Trump, Netanyahu, and Putin is that of counter-force. Were the E.U. not so bottom-heavy militarily (i.e., reliant on the state armies), perhaps a federal force could have gone into Ukraine and Gaza to push the aggressors back. Might-Makes-Right would have suffered a set-back rather than stand to become the default in post post-World War II global order. Therefore, the Europeans could stand to do some navel gazing on why the U.S. has been so dominate in NATO.  


1. Mared G. Jones, “Mark Rutte Should Stop Being an ‘American Agent’ and Unite NATO, Charles Michel Says,” Euronews.com, January 30, 2026.
2. Ibid.
3. Ibid.
4. Ibid.

Saturday, March 14, 2015

Reforming Chinese Courts: A Fool’s Errand?

With Chinese courts revising more than 1,300 criminal decisions in 2014, the chief justice of the Supreme People’s Court, Zhou Qiang, told the national legislature in March 2015, “With regard to wrongful convictions, we feel a deep sense of self-blame and demand that courts at all levels draw a profound lesson.”[1] Six months earlier, President Xi Jinping had initiated legal reforms on the premise that the Communist Party needed a “better-functioning” legal system in order to be able to govern.[2] The question is whether this push will come to anything substantial.

According to The Wall Street Journal, political considerations are one reason why the courts have had so many wrongful convictions, including in capital crimes. “The police, prosecutors and the courts are often coordinated by the party based on interests other than determining the truth,” Joshua Rosenzweig, a human-rights researcher, explains.[3] This collusion is vulnerable to the human presumption of infallibility. The police or government officials presume that “they have their man,” and the prosecutors and even judges act as reinforcers (or enforcers). As a result, the defense attorneys can only put up defenses they know will not make any difference to the outcome of the cases.

In Western jurisprudence, the conventional wisdom is that only a judiciary independent from the government and police can resist “political considerations” and intimidation. Even when formally separate, a judiciary can still be subject to pressure, however. Chinese firewalls can fail when a power-gradient is sufficiently steep. A judge facing re-election, for example, may not want to “rock the boat” with “the powers that be” years before the election, lest other candidates be used to take the judge out.

Unfortunately for the Chinese people, President Xi continued the requirement that the legal system serve the interests of the Communist Party.[4] So for all the atoning for miscarriages of justice, the government’s efforts to reform the legal system in order to instill public confidence in it and thus in the party as well, the collusion—and thus the wrongful convictions—would likely continue. Put another way, without fundamentally altering the design of the system that includes the government, the Communist Party, the police, lawyers, and the courts, urging judges to be more careful can only be a fool’s errand.




[1] Josh Chin, “Top Judge Apologizes for Wrongful Convictions,” The Wall Street Journal, March 13, 2015.
[2] Ibid.
[3] Ibid.
[4] Ibid.