Nothing More Powerful
Wednesday, April 8, 2026
How the parties should order their primaries
Monday, January 20, 2025
It's Long Past Time for Pardon Reform
The Presidential pardon power is in the news again and will be for some time expect. It seems to me that the pardon power, and the abuse of it, has been had bi-partisan complaints about it for as long as I can remember, but the difference is which side is abusing it and which side is complaining about it.
But I think most Americans agree that a president issuing pardons to family, friends and co-conspirators as they go out the door is unseemly, unjust and/or bad for the United States. I'm probably more opposed to it than most as I don't agree with the popular belief that pardoning Nixon was good (Without getting into it, I think it was bad) but still I'm surprised that I can't recall one time that a politician took a position in favor of pardon reform.
Still, I think we need it and here are the problems with the power as I see it. The power is too broad and as such invites abuse - and then, it's abused. And by abuse I mean when a president uses the power to protect family, friends or colleagues (or theoretically themselves); sometimes to protect themselves or their party. Also pardons at the end of term - especially on the last day - just seem dirty, like the President didn't want to have to defend them to the voters. Also, though it has never happened, some have suggested that a president can issue a pardon in secret, a "pocket pardon", that would only become known if needed. It's unclear if this would be legally valid, but we should make clear that it is not.
I get that pardon reform requires a Constitutional Amendment (or at least I think it would, the SCOTUS - who knows). Below is my stab at the Pardon Reform Amendment. Basically it gives the House the power to veto certain kinds of pardons. Why the House? Because the Senate already has the power to approve appointments and there's no need to give them more; and I worry that minority party Senators would try to clog up the confirmation process with veto review. Also the House is closer to the people, which is who the pardon power is really meant to serve. And finally, they will face election sooner and so have more reason to not be part of a cover-up.
I had considered a clause stating something to the effect of "acceptance of a pardon is an admission of guilt" but I didn't include that because some people might need a pardon who believe themselves to be innocent. A president is free to make a pardon conditional to an admission of guilt. Currently we have pardons and commutations, maybe we need to break pardons into two types: Those that carry an admission of guilt (clemency pardon) and those that do not (innocence pardon).
1. A pardon must be submitted by the President to the Speaker of the House.
2. No current or former President, Acting-President or Vice-President may receive a pardon without 2/3rds approval of the House.
3. No one who currently holds a presidentially-appointed office, or who has held one under the issuing president, may receive a pardon without 2/3rds approval of the House.
4. No President may issue a pardon to their spouse, children, siblings or parents or other close family members as defined by Congress, without 2/3rds approval of the House.
5. Pardons submitted to the Speaker in the last three months of a presidential term must be consented to by a majority of the House during that presidential term.
6. Any pardon issued by a president that was not approved by the House may be rescinded, by a 2/3rds vote of the House, for 2 years after it was issued.
Monday, July 15, 2024
What are the Veepstakes worth?
A few caveats:
- The rankings consider their post-nomination career when compared to their pre-nomination career and a lot of it depends on when they peaked - not what that peak was necessarily - so going from un-elected to being a member of the House is better than remaining in the Senate. If nominated to the Vice-Presidency more than once, it starts with their first nomination.
- It also considers what they think of as success. If they're Governor and run for the Senate - that's a step up. If they're a Senator and run for Governor - that is also a step up.
- The list doesn't include several people who it could: John Edgar Howard, who was never formally nominated and never ran - despite which he did quite well. People like John Langdon and Philip Barbour who were offered the nomination and declined. Any of the Federalist candidates in 1820 when no one was nominated.
- Ford and Rockefeller are not included here because they were offered the office of vice-presidency, not the role of vice-presidential nominee.
- Jefferson is excluded because he ran for President and was not Adams' running mate.
106. Curtis LeMay (1968) - The former Air Force general left the Republican party to support George Wallace and was subsequently named his running mate. After the election, his political career (he had earlier been approached by Republicans as a possible Senate candidate) was over and his public reputation was significantly diminished. Though he did not share Wallace's pro-segregation positions, running with him left LeMay forever attached to them and LeMay was often assumed to have shared his racist views, despite the evidence to the contrary.
105. Andrew Jackson Donelson (1856) The former ambassador was Fillmore's running mate on the American Party ticket. Afterwards he was involved in the Constitutional Union party and went to their nominating convention in 1860. But after the Civil Was he was distrusted by the south because of his opposition to secession and the north because of his support of the war. During the war, he was briefly arrested by the Confederates, though the charges were deemed frivolous and he was released.
104. Joseph Lane (1860) An Oregonian who ran on the pro-slavery Southern Democrat ticket with John Breckinridge, Lane returned to the Senate where he espoused pro-secession positions. As these ideas were unpopular in Oregon, his political career was over and he retired from the Senate in 1861. He retired to his ranch in Oregon where some think he kept a slave until the late 1870's.
103. Geraldine Ferraro (1984) The first woman ever nominated on a major party ticket, Geraldine Ferraro - unlike Paul Ryan - had to give up her House seat in order to make her run for Vice-President in 1984. Despite being relatively young at the time and with continued political ambitions, it would be the last time she would hold elective office. She made two failed runs for the senate, failing to win the primary both times. She did serve three years as a member of the United States delegation to United Nations Commission on Human Rights, making her an ambassador and she spent time as a political commentator, but her promising career never really got back on track.
102. Amos Ellmaker (1832) Pennsylvania's former Attorney General who turned down an offer to be James Monroe's Secretary of War was on the losing ticket of the Anti-Masonic party in 1832. Two years later he ran for the Senate and lost to James Buchanan, after which he retired from politics.
101. Sargent Shriver (1972) Shriver served as the replacement VP candidate, after Thomas Eagleton resigned, on the 1972 Democratic ticket with George McGovern. By then, the high points of his political career (ambassador, Peace Corps Director, OEO Director) were behind him. He made a run for the presidency in 1976, but he finished far back in the pack, placing in the top 2 in only the Vermont primary. He then retired from politics. Though his post-nomination political career was a bust, his long service as President and then Chairman of the Board of the Special Olympics likely enhanced his reputation.
Retired from Public Life
100. Allen G. Thurman (1888) - Grover Cleveland ran for president three times, with three different running mates. His running mate during his second, and only losing, run was the retired Senator Allen G. Thurman. After the election, Thurman went back into retirement, and was notably not chosen to be Cleveland's running mate in 1892, which is why he ranks slightly below the rest in this category. He, Joe Lieberman and Tim Kaine are the only people to be the VP nominee of a ticket that won the popular but didn't get to be VP (Thomas A. Hendricks was on a popular winning/EC losing ticket but he won election to the office later).
94-99 (tie) Richard Stockton (1820), Benjamin Gratz Brown (1872), William H. English (1880), James G. Field (1892), Henry G. Davis (1904), William E. Miller (1964), James Stockdale (1992) - For each of these men, the campaign for Vice-President marked the end of their political career. They either retired, returned to retirement or returned to their previous professions, apparently by choice. [Stockton, interestingly, ran without a running mate, as the Federalist Party did not have a nominee for president in 1820] Miller perhaps stands out because after his run he was featured in one of the first "Do you know me?" commercials for American Express.
93. William O. Butler (1848) - Butler went in to retirement following his loss, but was offered the office of Governor of Nebraska in 1855, a job he turned down. He also attended the 1861 Peace Conference in Washington.
Career high came prior to nomination
92. Edward Everett (1860) - The Constitutional Union Party nominee for Vice-President in 1860, Everett's career high point came at the end of Millard Fillmore's presidency when he replaced the recently deceased Daniel Webster as Secretary of State. After 1860, Everett remained in a state of semi-retirement working to avoid the Civil War via the Crittenden Compromise and then supporting the Union War effort. Most famously, he gave the featured speech at Gettysburg, which was followed by a much shorter and famous speech by Abraham Lincoln.
91. Jack Kemp (1996) - After losing the 1996 election, the Republican nominee and former HUD Secretary served on numerous boards and commissions including the Council on Foreign Relations Task Force on Russia and also considered a run for president in 2000. He held various public roles dealing with Russia and poverty and was heavily involved in the McCain campaign before his untimely death.
90. Theodore Frelinghuysen (1844) - Henry Clay's 1844 running mate, the former Senator Frelinghuysen returned to his job as President of NYU after defeat and later became President of Rutgers.
89. Henry Cabot Lodge, Jr (1960) - Nixon's first running mate, the former Senator and U.N. ambassador served the next three presidents as an ambassador to South Vietnam, West Germany, at-large and to the Holy See. He also came in 4th place in the 1964 Republican presidential primaries, winning three states as a write-in candidate, without entering the race or campaigning.
88. Richard Rush (1828) Richard Rush, had been Secretary of the Treasury under John Q. Adams and he became Adams' running mate because Adams' vice-president John C. Calhoun chose to run with Adams' opponent Andrew Jackson (in 1824, Calhoun had been the running mate for both candidates). After the election, he spent time as a low-level diplomat before serving as Polk's Minister to France.
87. William L. Dayton (1856) The Republican Party's 1st Vice-Presidential nominee, Dayton had been a Senator but after his 1856 loss with Fremont, he was the Attorney General of New Jersey and then Lincoln's Minister to France.
86. William A. Graham (1852) Winfield Scott's running mate on the 1852 Whig ticket, Graham had been a Senator, Governor and Secretary of the Navy. After the 1852 election he returned to the State Senate in North Carolina and was later elected to the Confederate Senate at the end of the Confederacy. In 1866 he was re-elected to the United States Senate but, because North Caroline had not been readmitted, he was never seated. Remained active in national matters until his death.
85. Herschel Johnson (1860) Stephen Douglas' running mate for the northern wing of the Democratic Party, Johnson had been both a Governor of and Senator from Georgia. After the 1860 election, he became a Senator in the Confederacy, despite opposing secession and then a US Senator, though, like Graham he was never seated. He then served as a circuit court judge until his death.
83. Nathaniel Macon (1824) Macon was a replacement candidate for Vice-President when William Campbell withdrew. He had been Speaker of the House 15 years earlier, but had later moved to the Senate where he would remain after his failed run for the VP seat. He was later President pro tempore of the Senate.
Nomination was during career high point
80. Fielding L. Wright (1948) Strom Thurmond's States Rights Party running mate in 1948, Fielding Wright returned to his office as Governor of Mississippi until he was term-limited out of office. He returned to the practice of law in 1952 and made another run for Governor, but finished third in the 1955 Democratic primary, thus missing the runoff. He died the next spring.
79. Charles W. Bryan (1924) The brother of William Jennings Bryan (making them the only brothers to be nominated for President and Vice-President), Bryan was the running mate of John W. Davis on the 1924 Democratic ticket. In order to run for VP, Bryan did not run for re-election as Governor of Nebraska. He did run, unsuccessfully, in 1826 and 1828 and then won and retained the office in 1830 and 1832. He then served as Mayor of Lincoln, a job he'd held previously in 1915-17 and made one last, unsuccessful, run for Governor in 1838.
78. John W. Bricker (1944) Dewey's first running mate, Bricker was unable to run for Governor at the same time, but two years later he was elected to the Senate where he served for 12 years before losing the seat to Stephen Young in 1958.
77. Joe Lieberman (2000) After missing the vice-presidency by only a few hundred votes in Florida, Lieberman remained in the Senate. He sought the Democratic Party nomination in 2004, but after starting out well in the polls, failed to win any delegates, mustering only a single 2nd place finish. In 2006, he lost the Democratic primary to retain his Senate seat, but was able to run as an independent and keep it. He was reportedly John McCain's first choice for Vice-President on the 2008 Republican ticket, but was passed over for Alaska Governor Sarah Palin. He chose not to run for his senate seat in 2012 and retired from politics. He spent his time working as a lawyer and lobbyist and serving on the boards of various causes. In 2017 he was reportedly considered as a replacement for James Comey as FBI director but then passed over. He also introduced Betsy DeVos at her Secretary of Education confirmation hearings.
75. Jared Ingersoll (1812) - Ingersoll was DeWitt Clinton's running mate on the 1812 Democratic-Republican ticket (though in many ways it was really the Federalist ticket. It's complicated). He spent a decade as Pennsylvania's Attorney General before the nomination and another four years in that job afterward. He spent the last year of his life as the presiding judge on Philadelphia's district court.
74. Whitelaw Reid (1892) Benjamin Harrison's 2nd VP nominee Reid had been his ambassador to France. 13 years later he became Teddy Roosevelt's ambassador to the UK and continued in that role under Taft until his death in 1912.
72. Arthur Sewell (1896) One of William Jennings Bryan's running mates in Bryan's first run, Sewell was a wealthy shipbuilder who went back to shipbuilding and being wealthy after his loss and then died a few years later. Often considered one of the worst nominees in history.
71. John A. Logan (1884) - After losing the 1884 election with his running mate James G. Blaine by a little more than 1000 votes, Logan returned to the Senate where he served 2 more years before dying in his home in Columbia Heights in Washington, DC. Nearby Logan Circle is named for him.
70. Charles L. McNary (1940) - At the time of his nomination he was Senate Minority Leader, a job he held until his death almost four year later in February 1944. Like Logan, had he been elected he would not have lived to serve out his term. His running mate Wendell Wilkie also would have died in office (Oct 1944), meaning that if they had beaten Roosevelt and Wallace, Sam Rayburn would have become President of the United States, though only for 3 months.
69. George Washington Julian (1852, 1878) The Free Soil Party's vice-presidential candidate in 1852, Julian was a political newcomer at the time. He'd spent just four years in the Indiana state legislature as a Whig and a single term as a US Representative. He earned no electoral college votes in 1852, but makes this list because of 1878. After his loss in 1852, he joined the Republican Party and in 1860 he was returned to the House of Representatives where he served for 10 years before losing re-nomination. In 1872, now with the Liberal Republican party, he received 5 electoral votes for Vice-President when the party's presidential nominee Horace Greeley died between the election and the electoral college vote. He finished his public career, now as a Democrat, by serving for four years as the surveyor general of New Mexico.
67. Estes Kefauver (1956) After having the 1952 Presidential nomination taken from him and finishing 2nd in 1956, Kefauver beat out John F. Kennedy for the vice-presidential nomination, but the ticket lost to Eisenhower/Nixon. Though early polling showed him the favorite for the 1960 Democratic nomination for President, Kefauver chose not to run for a 3rd time. He spent the last 7 years of his life in the Senate.
65. John Sparkman (1952) Adlai Stevenson's running mate in 1952, he was not chosen for the 1956 ballot, in part because he signed the "Southern Manifesto" and Tennessee's Senators Estes Kefauver and Albert Gore, Sr. had not. Sparkman nonetheless served another 26 years in the Senate, chairing 3 committees, before retiring in 1979 as the longest serving senator in Alabama history.
64. John Sergeant (1832) Henry Clay's Republican running mate in 1832, Sergeant had twice been voted out of Congress and was out of office when nominated. He returned to the practice of law, but 4 years later was returned to Congress for a 3rd time. He was president of the Pennsylvania constitutional convention in 1838 and then resigned from Congress in 1841. He turned down cabinet and diplomatic positions and was nearly nominated to be Clay's running mate again in 1844.
Career Peaked after Nomination
61. Rufus King (1804 and 1808) The only two-time loser of the Vice-Presidency who never won on this list, King went on from being the bottom half of the losing Federalist ticket with Charles Pinckney to being the top half in 1816 (and 1812, though he was never officially the party's nominee, which had none that year). In doing so he became the only person to run on four major party tickets without winning once. He later returned to the Senate and was again made Minister to Great
60. Charles Coatsworth Pinckney (1800) The first of five people to lose the election for Vice-President and then go on to win their party's nomination for President, Pinckney was the Federalist party's nominee in 1804 and 1808 (losing both times).
59. Charles Francis Adams (1848) The son and grandson of presidents, Charles Francis Adams was practically royalty when he ran for vice-president on the Free Soil ticket in 1848, but his political experience was limited to the Massachusetts state legislature. 10 years after his failed run for VP, Adams was elected to the US House from his father's district. After being re-elected, he resigned to serve as Minister to the United Kingdom for 7 years and was later the U.S. arbiter of the "Alabama claims."
58. Joseph Taylor Robinson (1928) At the time of his nomination, Robinson was Senate Minority leader, but in 1933, following his loss, he was elevated to Majority Leader when the Democrats took control of the Senate. Together with FDR he led in the creation of much of the New Deal, until he was found dead in 1937 in his apartment across the street from the Senate.
57. Thomas E. Watson (1896) Watson, a House member, was William Jennings Bryan's running mate on the Populist ticket in 1896 (Sewall was his nominee on the Democratic ticket). Watson became the Populist party candidate for president in 1904, and then in 1920, after rejoining the Democratic Party, was elected to the Senate where he served until his death 2 years later.
56. Francis P. Blair, Jr. (1868) Blair was a former Republican congressman and Union General when he was chosen as the Democratic nominee for Vice-President. Blair is the odd vice-presidential candidate believed to have cost his party the election, in his case because of the stark racist nature of his campaign speeches. Nonetheless, two years after that loss, he was elected to the United States Senate to fill a seat made empty via resignation. Less than 2 years later he was paralyzed by a stroke and as a result lost election to a full term in 1873. As an act of charity, he was appointed state superintendent of insurance to provide him with an income, and then died in 1875.
55. Hiram Johnson (1912) Teddy Roosevelt's running mate on the Progressive Party ticket, Johnson remained the Governor of California until the end of his term. He was re-elected in 1914 and then ran successfully for the Senate in 1916 where he would remain until his death in 1945. He switched to the Republican Party and in 1920 sought the party's nomination for President, finishing third at the Convention (and 6th for Vice-President). He finished 3rd again in 1924. In the Senate he was an influential leader who crossed party lines to help FDR pass much of the New Deal.
54. Edmund Muskie (1968) Senator Muskie emerged from the losing 1968 campaign in which he was the Democrats Vice-Presidential nominee as a popular politician and the leading candidate for the party's nomination. He won both the Iowa and New Hampshire primaries (in the newly formed primary system) but as a result of a letter, later discovered to be a forgery created by the Nixon campaign, in which Muskie was accused of making disparaging remarks about French-Canadians he gave a press conference, in which it appeared to some in the press that Muskie had shed a tear (he claimed it was melting snow since it was held outside in a snow storm), his presidential campaign collapsed. In 1980 he became Secretary of State, and filled that role until the end of President Carter's term in 1981.
53. Lloyd Bentson (1988) The Texas Senator lost the Vice-Presidency in 1988, but - due to Texas law - was able to run for, and keep, his Senate seat. Four years later he was tapped by Bill Clinton as the Secretary of the Treasury where he served for nearly two years before retiring.
52. George J. Pendleton (1864) Rep. Pendleton had a bad year in 1864. He was on the bottom half of the losing presidential ticket and he lost his house seat too. He then proceeded to lose a race for his old house seat in 1866, his party's presidential nomination in 1868 (after leading for the first 15 ballots), and governor of Ohio in 1869. In 1878, after 14 years out of office, he was elected to the United States Senate, where he led passage of the Pendleton Act that ended the spoils system. This law was unpopular among members of his party and cost him re-election but he was appointed Envoy to Germany when his term was completed, a job he served in until shortly before his death.
47. Aaron Burr (1796, 1800) Technically, Burr - then a Senator - was a candidate for President in 1796 as there were no tickets or running mates, but it was the intention of the Democratic-Republican party that all but one elector would cast their votes for Jefferson and Burr. The other elector would vote for Jefferson and someone other than Burr, thus making Jefferson president and Burr vice-president. Both parties meant to use this strategy but it failed, resulting in the President and Vice-President being from opposite parties and it failed again in 1800 resulting in a tie between Jefferson and Burr. Nonetheless, after Burr lost in 1796 he continued his political career serving 2 years in the New York state assembly and being given a high-profile military commission during the Quasi-War with France. In 1800 he was elected Vice-President, becoming one of only three people to win the Vice-Presidency on the 2nd try. And probably the only person to ever go from the state legislature to Vice-President. He was nearly elected president since he and Jefferson tied in the electoral college, forcing a Contingency Election, one of only two ever for the Presidency. This was "Peak Burr" followed by a rapid and tragic collapse. He quickly fell out of favor with President Jefferson and was dropped as Jefferson's VP in 1804, ran unsuccessfully for Governor of NY, killed Alexander Hamilton in a duel (for which he was indicted, but never tried), was charged with treason (but not convicted), went into exile to avoid his creditors, was kicked out of the UK, fought off poverty, had a brief marriage that was ended due to his poor land speculation and died alone in a boarding house on the same day his divorce was finalized. His wife in that divorce hired Alexander Hamilton, Jr. as her lawyer. Now that is cold.
43 Thomas A. Hendricks (1876, 1884) Hendricks was the Democratic Party's losing nominee in the controversial election of 1876. He left office as Governor of Indiana the following January and went into a state of semi-retirement. In 1880, the Democrats wanted to nominate him for vice-president again, but he declined for health reasons (he suffered a stroke and lost the use of one foot as a result. By 1882 he could no longer stand). In 1884, as a salute to the ticket of 1876 and to unify the party, he was again the party's nominee for vice-president, and this time he won. He is the last person to win the vice-presidency on the 2nd try. Unfortunately, he died in office only 8 months later and his death is often one reason attributed to Cleveland's loss in the 1888 contest. In that race, Cleveland won more votes than his opponent, but lost the electoral college in part because he couldn't carry Hendrick's home state of Indiana. Cleveland lost Indiana by only ~2,400 votes.
42 Bob Dole (1976) The losing half of the Ford-Dole ticket, Dole would go on to serve in the Senate for nearly 20 more years - and seek the Presidency in every open election for the rest of that time. He more success in the former than he did the latter. He became Senate Minority Leader in 1987 and Majority Leader in 1995. After finishing last (11th) among all declared candidates in the 1980 Republican Presidential Primary, he was the runner-up in 1988 and finally the party nominee in 1996. He resigned his seat in the Senate to run and though he was the last nominee to have served in World War II, he lost the race and went into retirement. He is the last failed VP to later be nominated for President.
15. Earl Warren (1948) Warren was the Republican candidate for VP in 1948 as the bottom half of the "Dewey Defeats Truman" ticket. He remained governor of California and four years later made a run at the GOP presidential nomination coming in 3rd. In Eisenhower's first year, Chief Justice Fred Vinson died and Warren was tapped as his replacement. He's the only failed VP to serve on the Supreme Court. He was Chief Justice for 16 years and died five years after retiring.
11. John Tyler (1836) In 1836, the newly-formed Whig Party was not organized enough to have a convention and settle on one ticket. Instead they ran at least five tickets with Tyler as VP on three of them. Nonetheless he only "won" three states. No candidate for VP won a majority that year and the VP had to be decided in a contingent election, but Tyler only finished 3rd and thus missed it. But in 1840, Tyler came back to fill in the bottom half of the "Tippecanoe and Tyler too" ticket that was swept into office, making Tyler the 2nd person to win the Vice-Presidency on his 2nd Try and the first since the Twelfth Amendment. His running mate Harrison was much older. Shortly after taking office he died of illness (though not from a cold caught during his inauguration as is so often stated) and Tyler became President. Tyler sought the White House again in 1840, but was not popular enough in the Whig Party so he created his own party - the Democratic-Republican Party which did nominate him. But it was loosely formed and he had no running mate. Late in the campaign, he dropped out and endorsed Polk, as long as Polk promised to annex Texas. After leaving office he returned to public life as sponsor and chairman of the Virginia Peace Convention in Washington, DC that was called in an effort to avoid the Civil War. When War broke out anyway. Tyler served on the convention between the Commonwealth of Virginia and the Confederate States of America that allowed Virginia to join, signed the Ordinance of Secession and was chosen as a delegate to the Provisional Confederate Conference, serving for five months before his death in 1862. He was also elected to the Confederate House of Representatives, but died a few weeks before it's first session.
The Greatest Of All Time
Monday, March 11, 2024
The AFL: A proposal for an NFL Spring Football League
Over the years, I have watched many failed attempts to create a spring football league (WFL, USFL-twice, XFL-twice, WLAF/NFL Europe, the old UFL) and currently an attempt is being made with a new UFL. I think there's a market for a spring football league and the best organization to try and make it work is the NFL.
Why the NFL? Because only they can make NFL players available. My idea is to use current non-starters and practice squad players to fill the roster for a few teams that play in non-NFL cities in the spring, where the players are chosen by geography. I'd call the league the American Football League (AFL), a name the NFL owns thanks to it's merger with the old AFL.
Here's how it would work. Twelve teams - San Diego, San Antonio, San Jose, Oklahoma City, St. Louis, Memphis, Grand Rapids, Orlando, Columbus, Virginia Beach, Providence and Raleigh.
At the end of the season the 27 players who played the most for each NFL team (11 offense, 11 defense, a kicker, a punter and one other) would be declared ineligible for the AFL leaving the other 27, all practice squad players and anyone else the option of whether to play in the AFL. The league would buy insurance for any player that would cover their expected lifetime earnings based on their age, current contract and perceived value - a value they would know before they agree to play.
The 12 teams would then each choose 90 players from their geographic region to go to training camp. The geographic region would be based on where a player last played college football. So, for example, San Antonio might be choosing players from Texas and New Mexico; San Diego from southern California, Arizona, New Mexico and Hawaii; etc.. If there is no one eligible, willing and currently in the NFL for a team to fill a slot, they may go outside their geographic region and/or outside the current NFL.
They'd trim the teams down to 54 by the end of camp and then the season would start.
The teams would be placed into two divisions, east and west, and play a 10 game home-and home schedule. Top 4 teams make the playoffs played out over 2 weeks culminating with the AFL Championship.
This could be a classic win-win-win. The fans get to see more football featuring high-quality players, who they already know - and in cities without pro football now. The players would be able to start, star, score touchdowns, be heroes and MVPs again and - for some current practice squad players - run through the tunnel and get on the field again. The league could try out rule changes and measure the appetite for football in other parts of the US.
And, if done right, players and owners could make some extra money. A career in football is short, and for players not pulling down franchise tag, the chance to enhance their salaries while they're still young could be a great boon to them.
I'd love to see Andy Dalton and the San Antonio Lobos face off against Mike White and the Memphis Hound Dogs in the 2024 AFL Championship game.
Thursday, August 17, 2023
Gadsden Purchase: How the US gave up a Vermont (and got part of it back)
Gadsden met with Santa Anna on September 25, 1853. President Pierce sent verbal instructions for Gadsden, giving Gadsden negotiating options ranging from $50 million for lower California and a large portion of northern Mexico to $15 million for a smaller land deal that would still provide for a southern railroad....
Santa Anna refused to sell a large portion of Mexico, but he needed money to fund an army to put down ongoing rebellions, so on December 30, 1853 he and Gadsden signed a treaty stipulating that the United States would pay $15 million for 45,000 square miles south of the New Mexico territory....
With a great deal of difficulty resulting from the increasing strife between the northern and southern states, the U.S. Senate ratified a revised treaty on April 25, 1854. The new treaty reduced the amount paid to Mexico to $10 million and the land purchased to 29,670 square miles.The original copy of the treaty that Gadsden negotiated defined the border as "From the existing border at the Colorado River, south along that river to a point two marine leagues north of the most northern part of the Gulf of California; then in succession a right line to the intersection of the 31st parallel of latitude north with the 111 degree of longitude, whence another right line to the 31deg 47' 30" north latitude, where the same will cross the boundary line, descending to the Rio Grande to the Gulf of Mexico." There was a contingency if it was discovered that the boundary bisected Lake Guzman, but the lake turned out to be far south of the defined line.[1]
The boundary was then modified by Congress on April 10, 1854 to appease northerners who wanted as little future slave territory as possible. The change was approved by Mexico and the President and that deal created in the current boundary - a smaller land acquisition than was originally intended.
Reported sizes of the Gadsden Purchase
It's first important to note that at the time no one was really clear on how much land the United States was buying (and no one would be for more than 90 years) - or how much land it was choosing not to buy by modifying the treaty. Negotiators weren't even sure where Lake Guzman was. For many years, the official measurement for the size of the purchase was given by the Census Bureau in 1870. They used official government estimates for the size of the New Mexico territory before and after the purchase, without realizing how those numbers were calculated (and the maps at the time were of low quality). The number they came up with was 45,535 square miles, which they got by subtracting the estimated area of the territory in 1850 (215,807) from that in 1860 (261,342).[2] This would be the official estimate for more than 40 years (though starting in 1900, the Census Office's Statistical Atlas of the United States began reporting it as 31,017. It isn't clear where they got this number.). It was also off by more than 50%.
One reason this number was flawed is that the southern border with Mexico wasn't determined in 1850. Due to the flawed Disturnell map (below) used in setting the border in the treaty of Guadalupe-Hidalgo, Mexico claimed the border was farther north than the United States did, and not without good cause. A controversial agreement, the Bartlett-Garcia Conde Compromise, defining the border wasn't signed until 1851.
Oddly enough, a more accurate measurement was available at the time the Census Bureau made its error. An 1857 Interior Department Survey by William H. Emory calculated the area as 26,185 square miles.[3] Though some publications reported this number for years, the larger number was far more common.
In 1912, Frank Bond, chief Clerk of the General Land Office, recalculated the size of the Gadsden purchase using the more modern methods of the time, and the value he came up with was a much more accurate value of 29,670 square miles.[4]
Finally, in 1940, the Census Bureau recalculated the sizes of all territorial acquisitions and determined that the 1912 number was slightly off. They determined that the actual size of the Gadsden Purchase was 29,640 square miles.[3][5]
Interestingly, each of the numbers and the errors that most of them represent, are so pervasive that they can still be found reported in books published today. Even the State Department historian used an old number in the quote above.
Amount by which the Purchase was reduced.
I could only find one attempt to answer the question about the size of the area by which Congress reduced the purchase. That number is 9,000 sq. mi. It comes from a 1923 thesis on the Gadsden Purchase written by historian Paul Neff Gabor. That thesis includes a map of the area and states the number definitively based on a citation. But that number does not seem accurate when the area is calculated using tools available today. The source of the 9,000 sq. mi. claim is from the "United States and Mexico Claims Commission, 1868, pub of the Department of State, III, 38" however a search for the original document indicates that the citation is flawed. Volume III does not include a case #38 and case #38 (found in another Volume) does not mention the size of the reduced area. It is unclear why a border dispute decision would contain this number and it's unlikely they would have accurately calculated it at that time. Thus I can't figure out how Garber determined the size of the reduced area, and the number he determined makes little sense.
The line that Gadsden negotiated started at a point farther south on the Colorado and then created a wedge shape going south to a point below the current border south of Nogales and then back north in a straight line to the point where the current border reaches its northernmost point along the Rio Grande. The new line removed from the sale two pieces, in black on the map below, and added a small wedge, in red, of what is now the south east corner of New Mexico's boot heel.
There are a few problems with trying to determine the size of the area by which the Purchase was reduced.
One is that the treaty is not the final say on where the border is. The Border Commission was. In fact, the markers on the ground, placed by agreement between Mexican and American survey teams, are the definitive word on where the border is, not the treaty or any map. Without such a survey and agreement on what the border would have been, we can only rely on the treaty.
Another problem is that the treaty set the boundary as departing the Colorado River at a point "two marine leagues north of the most northern part of the Gulf of California." Not only is it difficult to determine what would have been considered the "most northern part of the Gulf of California" in 1854, but when setting the border elsewhere, commissioners couldn't agree on how far a marine league was.[6]
That being said, using the area defined by the treaty and the standard 3-mile long modern definition of a marine league, the area winds up looking like the one in the map above. In that map, more than 10,000 sq. mi. in the Mexican states of Sonora, Baja California And Chihuahua were originally to be part of the Purchase, and 300+ sq. mi. in New Mexico and Arizona was not, for a total change of ~9,750 sq. mi. which is not too far off from the 9,000 sq. mi. reported by Gabor, but enough to be wrong. [How far north along the Colorado River the line goes matters, as drawing it at the current departure point results in an area ~4,200 sq. mi. and at the mouth of the Colorado results in an area of ~10,300 sq. mi.]
What was given up
The United States gave up ~9,750 sq miles of land, an area larger than 6 states, and in return saved $5 million, which would be worth more than $135 million today.
Had the US made the larger purchase it likely would've come out ahead. The US would have gained land that contained the sizable cities of Nogales (population 232,000), San Luis Rio Colorado (population 180,000+) and Aqua Prieta (pop. 84,000) in Sonora as well as dozens of smaller towns spread across three Mexican states. It would have gained all of the fertile farm land in the Mexicali Valley east of the Colorado and some of the farm land in the Rio Sonoyta Valley. It would have gained most of the El Pinacae y Gran Desierto de Altar Biosphere Reserve and part of the Upper Gulf of California and Colorado River Delta Biosphere Reserve, both of which are UNESCO sites. In addition, Mexico is currently entitled to 1,500,000-acre-foot of Colorado River water (less in times of drought, or more in surplus) which is based on the amount of water they were believed to be using in 1944.[7] If Mexico had access to less Colorado River water - a reasonable assumption if the border went farther south along the river - they would've been given a smaller share. A foot-acre of water in California goes for $70, and the larger purchase would have reduced Mexico's Colorado River shore by 40%. A 40% reduction in river water would have gained the United States $42 million dollars of water per year.
In addition to the $5 million dollars, Mexico would have gained a sliver of New Mexico's boot heal, and about 5 acres of Arizona's southeast corner. It's a small sparsely populated area and the largest town in it is the border town of Antelope Wells, NM (population: 2).
Not only did Mexico retain land and water, it avoided being nearly cut in half. Had the original purchase gone through, it would have left Mexico with a narrow band of land along the coast of the Gulf of California that would have made connecting Baja to the rest of Mexico more difficult. This would have been particularly ironic since the primary point of the purchase was to make connecting the United States to California easier. The two major east-west Mexican highways and the one railroad both pass through the are retained by the reduction. Without the reduction, Mexico would have been forced to build transportation links that go through the United States or build roads on less desirable routes close to the coast and through the Colorado River delta.
And what was accidentally given back
Marking the border was a matter of science, but at the time the science was still in its infancy. The Boudary Survey performed in the 1850's set several key monuments in the wrong place, and always to the benefit of the United States. Monument #40, the marker along the New Mexico border that defines the spot where the border turns south, is about a mile too far east, resulting in the unintended transfer of about 30 square miles to the United States.[8] The monument that set the point where the 111th meridian of longitude west meets the parallel of 31° 20', and where the boundary turns north along the Arizona border, was erroneously placed at a point 4 miles to the west of where it should have been. This gave the United States another 297 square miles of unintended land.[9] Altogether, surveying cost Mexico an area equal to about one-fourth the size of Rhode Island.
Had the boundary been surveyed correctly, the reduction of the purchase would have been more than 10,000 square miles.
1. And should the line from 31, 111 to the Rio Grande traverse Lake Guzman (which is actually Laguna de Guzman or the Guzman Basin) the line was to be "broken so as to form an angle at a point one marine league south of the most southern part of the lake." This was done to ensure that there was space around the southern end of the lake for a railroad to be built.
2. Compendium of the 9th Census, Page 542
3. Manifest Opportunity and the Gadsden Purchase, Louis Bernard Smith, Arizona and the West, Vol. 3, No. 3, page 264, 1961 Size and supporting evidence was submitted to World Almanac in 1953
4. Historical Sketch of "Louisiana" and the Louisiana Purchase, Frank Bond, 1912, page 13
5. Statistical Abstract of the United States 1941, page 1 and Statistical Abstract of the United States 1942, page 1
6.Disagreements arose immediately, since there was no standard measurement for a marine league." Monuments, Manifest Destiny and Mexico, Prologue Magazine, Summer 2005, Vol. 37, No.2, Michael Deer.
7. Water and the West: The Colorado River Compact and the Politics of Water in the American West; Norris Hundley, 2009, page 296
8. Border Spaces: Visualizing the U.S.-Mexico Frontera, page 41
9. La Gran LĂnea: Mapping the United States–Mexico Boundary, 1849–1857, Paula Rebert, page 129.


