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rationally BASED

rationally BASED

著者: Center of the American Experiment
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Welcome to rationally BASED, a podcast about law and politics, on the edge. Law professor Ilan Wurman, with co-host Kathryn Johnson, cover cutting-edge, and edgy, legal and political news, ideas, and developments.

© 2026 rationally BASED
政治・政府 政治学
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  • Episode 33 | Give Parents the Vote
    2026/08/13

    Parent proxy voting for children is in the news and it's gone viral!

    On Ross Douthat's podcast, Yale Law professor Samuel Moyn proposed giving 20-somethings extra votes, rather than parents, because “young people — not people who are raising families — will have the best insight into the interests of children” and “Part of our goal as a society is trying to make sure that children aren’t the hostages of their parents." Douthat responded: "I think that’s daft. I think it’s absurd to imagine that a 24-year-old recent college graduate has a better assessment of the interests of my own children than I do." And a meme was born!

    It happens that THE leading article on this subject -- "Give Parents the Vote" -- was written by Rationally Based’s very own Joshua Kleinfeld! So in this episode, Josh and co-hosts Kathryn Johnson and Ilan Wurman examine the proposal that parents should be able to vote on behalf of their minor children — and why the Left wants to give that power to anyone BUT parents.

    Some highlights:

    • Children are nearly a QUARTER of the citizenry, and parents and children together are nearly half of the citizenry — but have just 19% of the vote. Adults without children are just over half the citizenry but have about THREE-QUARTERS of the vote. The result is policies — like COVID school closures, debt-financed entitlements, and more — that systematically shortchange the young.
    • Children ALREADY count for apportionment: they determine each state’s seats in Congress, electoral votes for the President, and the drawing of legislative districts. But because they can’t vote and their parents can’t vote for them, their voting power is simply redistributed to all the adults in their districts. The most powerful voter in America is a childless adult in a district with plenty of children.
    • Parent proxy voting is purely a matter of state law. Any state could independently adopt it tomorrow for both federal and state elections without violating the Constitution or any federal statute. It is also feasible. And it is consistent with the role parents have in every other context — defending their children’s interests in contexts from the schools to hospitals to courtrooms.
    • The world-historic fall in the birth rate means that, for the first time in American history, most adults are not parents. The collapse in the birth rate has made the political divergence between parents and the childless newly consequential. Arguably there is NO other intervention that would have more far-reaching effects on American politics than giving parents the vote.

    This is the rational — and based — discussion of who should speak for the next generation that you won’t hear anywhere else.

    Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED!

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    New Podcast Episodes every Thursday morning, find us on Spotify, Apple Podcasts, or on YouTube!

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    1 時間 15 分
  • Episode 32 | The Constitution at the National Constitution Center
    2026/08/06

    In this bonus episode, we cross post our host's appearance at the National Constitution Center. You can also listen to this episode on We the People, the NCC's wonderful podcast.

    Julie Silverbrook, Chief Content and Learning Officer at the NCC, asks Professor Ilan Wurman a series of questions about the Founding and the Constitution, based on his new book The Constitution of 1789: A New Introduction. What was the connection of the enumerated powers to the royal prerogative of the British monarch? What is the separation of powers, properly understood? What is the meaning of "the executive power," and who has power over foreign affairs? What is the nature of American federalism and our compound republic?

    Tune in for this wide-ranging and fascinating discussion of America's founding document.

    Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED!

    Subscribe to our Substack!

    New Podcast Episodes every Thursday morning, find us on Spotify, Apple Podcasts, or on YouTube!

    Follow us on social media on Instagram, X, Facebook, and TikTok!

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    1 時間 2 分
  • Episode 31 | Who Writes the Rules of the Game?
    2026/07/30

    Election Money, Mail-In Ballots, and the Supreme Court

    In this episode, Kathryn Johnson and law professors Joshua Kleinfeld and Ilan Wurman take on three fights over the rules of American elections — and the deeper question of who should control them.

    First is the Supreme Court’s 6-3 decision in NRSC v. FEC, which freed political parties to spend unlimited amounts in coordination with their candidates. What is the case really about? Why did it split along partisan lines? Why do Republicans want stronger parties while Democrats prefer a system dominated by advocacy groups? And was the Court's most famous campaign finance case — Citizens United — sound originalism or did it wrongly treat massive publicly traded corporations as if they were small advocacy groups, handing the managerial class a First Amendment license to push progressive politics with corporate money? (Josh and Ilan fight this one out!)

    Second is Watson v. RNC, the case on the meaning of “Election Day.” On the surface, the case is a technical dispute over whether mail-in ballots must be received or merely sent by Election Day. But under the surface is a larger struggle over who controls the ground rules of counting -- and what rules best protect the integrity of American elections.

    Third is President Trump’s executive order on mail-in ballot integrity. Trump directed the Postal Service and other agencies to develop stronger rules — and a district court blocked the order before the agencies had even acted. Is that a proper use of judicial power? Or is the real game simply to freeze the status quo before the midterms?

    This is the rational — and based — discussion of the rules of the political game that you won’t hear anywhere else.

    Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED!

    Subscribe to our Substack!

    New Podcast Episodes every Thursday morning, find us on Spotify, Apple Podcasts, or on YouTube!

    Follow us on social media on Instagram, X, Facebook, and TikTok!

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    1 時間 14 分
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