FDA Class II Recall — Dairy House Ingredient Systems Vanilla Dairy Powder, 50 lb box | Potential for Salmonella | Status: Ongoing NOAA Tri-State Weather Alert — Flash Flood Warning | Flash Flood Warning issued July 5 at 8:01PM EDT until July 5 at 11:15PM EDT by NWS Binghamton NY | Delaware, NY | Severity: Severe WHO USA Health Indicator 2021: 73.7 HHS Update — About Pandemics | Definition, characteristics, and impact of a flu pandemic FDA Class II Recall — Adndale Magnesium Glycinate Gummies 400 mg. Plastic bottle containing 90 gummies. Net weight: 11.36 ounces. Serving size: 2 gummies. UPC: 860008784551... | Undeclared melatonin | Status: Ongoing NOAA Tri-State Weather Alert — Flash Flood Warning | Flash Flood Warning issued July 5 at 7:57PM EDT until July 5 at 11:00PM EDT by NWS Albany NY | Ulster, NY | Severity: Severe HHS Update — H1N1 - originally referred to as Swine Flu | Everything you need to know about the flu illness, including symptoms, treatment and prevention - CDC FDA Class I Recall — Al Yaman Halawa Extra Pistachio 907g (31.994 oz) plastic jars, UPC 5 287000 098083, 12 retail units per case | Product may be contaminated with Salmonella | Status: Ongoing NOAA Tri-State Weather Alert — Flood Advisory | Flood Advisory issued July 5 at 7:23PM EDT until July 5 at 9:15PM EDT by NWS Upton NY | Orange, NY | Severity: Minor HHS Update — H5N1 Avian Flu - H5N1 Bird Flu | Everything you need to know about the flu illness, including symptoms, treatment and prevention - CDC FDA Class II Recall — Legacy Tex Dressing Stabilizer Blend #7604-50, 50lb bags | Product tested positive for Salmonella | Status: Ongoing NOAA Tri-State Weather Alert — Flash Flood Warning | Flash Flood Warning issued July 5 at 7:06PM EDT until July 5 at 10:15PM EDT by NWS Binghamton NY | Delaware, NY; Wayne, PA | Severity: Severe HHS Update — H3N2v | Everything you need to know about the flu illness, including symptoms, treatment and prevention - CDC FDA Class II Recall — Great Value Hawaiian Roll 4pk, Item # F63384. Product is perishable dinner roll ready to eat, sold in a corrugated case of 18 packages (4.5oz net wt.)... | Firm observed oily and sticky substance on direct food contact surface packaging of finished product | Status: Ongoing NOAA Tri-State Weather Alert — Flash Flood Warning | Flash Flood Warning issued July 5 at 6:47PM EDT until July 5 at 9:45PM EDT by NWS Binghamton NY | Delaware, NY | Severity: Severe HHS Update — Symptoms & Treatment | Everything you need to know about the flu illness, including symptoms, treatment and prevention - CDC FDA Class I Recall — azuma foods TAKO WASABI Seasoned Octopus with Wasabi PERISHABLE/KEEP FROZEN PRODUCT OF JAPAN DISTRIBUTED BY: AZUMA FOODS INTERNATIONAL INC., U.S.A. HA... | Undeclared fish | Status: Ongoing NOAA Tri-State Weather Alert — Flood Watch | Flood Watch issued July 5 at 5:55PM EDT until July 7 at 8:00AM EDT by NWS Binghamton NY | Sullivan; Bradford; Susquehanna; Northern Wayne; Wyoming; Lackawanna; Luzerne; Pike; Southern Wayne | Severity: Severe HHS Update — Prevention & Vaccination | Everything you need to know about the flu illness, including symptoms, treatment and prevention - CDC FDA Class III Recall — Salt | Plain salt was labeled as iodized and iodized salt was labeled as plain | Status: Ongoing NOAA Tri-State Weather Alert — Flood Watch | Flood Watch issued July 5 at 5:55PM EDT until July 7 at 8:00AM EDT by NWS Binghamton NY | Chemung; Tioga; Broome; Delaware | Severity: Severe HHS Update — Children & Infants LP | Learn how to protect your children from the flu, get treatment instructions, and learn the warning signs that your child needs emergency medical assistance at Flu.gov FDA Class II Recall — Fairhope Roasting Company Cold Brew Coffee Concentrate, packaged in 1-gallon plastic jugs, UPC 852236006062, for food service only | Product requires refrigeration but the label is missing a "Keep Refrigerated" statement | Status: Ongoing NOAA Tri-State Weather Alert — Flood Watch | Flood Watch issued July 5 at 3:44PM EDT until July 7 at 11:00AM EDT by NWS Albany NY | Northern Litchfield; Southern Litchfield; Western Ulster; Eastern Ulster; Western Dutchess; Eastern Dutchess | Severity: Severe HHS Update — What Is HIV/AIDS? | HIV stands for human immunodeficiency virus, the virus that can lead to AIDS. Learn more NOAA Tri-State Weather Alert — Flood Watch | Flood Watch issued July 5 at 3:40PM EDT until July 7 at 6:00AM EDT by NWS Upton NY | Northern Fairfield; Northern New Haven; Northern Middlesex; Northern New London; Southern Fairfield; Southern New Haven; Southern Middlesex;... | Severity: Severe HHS Update — Global Statistics | Global Statistics Index Page NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:54PM EDT by NWS Upton NY | Rockland; Northern Westchester; Southern Westchester; New York (Manhattan); Bronx; Richmond (Staten Is.); Kings (Brooklyn); Northern Queens;... | Severity: Unknown HHS Update — U.S. Statistics | Over 1.1 million people in the U.S. are living with HIV. One in six don’t know it. Get the facts NOAA Tri-State Weather Alert — Severe Thunderstorm Watch | Severe Thunderstorm Watch issued July 5 at 6:48PM EDT until July 6 at 1:00AM EDT by NWS Mount Holly NJ | Kent, DE; New Castle, DE; Sussex, DE; Caroline, MD; Kent, MD; Queen Anne's, MD; Talbot, MD; Atlantic, NJ; Burlington, NJ; Camden, NJ; Cape M... | Severity: Severe NOAA Tri-State Weather Alert — Flood Watch | Flood Watch issued July 5 at 3:15PM EDT until July 6 at 8:00PM EDT by NWS Mount Holly NJ | New Castle; Sussex; Warren; Morris; Hunterdon; Somerset; Middlesex; Western Monmouth; Mercer; Salem; Gloucester; Camden; Northwestern Burlin... | Severity: Severe NOAA Tri-State Weather Alert — Flood Watch | Flood Watch issued July 5 at 3:15PM EDT until July 6 at 8:00PM EDT by NWS Mount Holly NJ | Eastern Monmouth; Ocean; Cumberland; Atlantic; Cape May; Atlantic Coastal Cape May; Coastal Atlantic; Coastal Ocean; Southeastern Burlington | Severity: Severe NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:54PM EDT by NWS Upton NY | Western Passaic; Eastern Passaic; Hudson; Western Bergen; Eastern Bergen; Western Essex; Eastern Essex; Western Union; Eastern Union | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Morris; Hunterdon; Somerset | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Cape May; Atlantic Coastal Cape May; Atlantic; Coastal Atlantic | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Sussex; Warren | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Middlesex; Mercer | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Gloucester; Camden; Northwestern Burlington | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Western Monmouth; Eastern Monmouth | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Ocean; Coastal Ocean; Southeastern Burlington | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Salem; Cumberland | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 3 at 11:25PM EDT by NWS Upton NY | Eastern Passaic; Hudson; Western Bergen; Eastern Bergen; Western Essex; Eastern Essex; Western Union; Eastern Union | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 3 at 11:25PM EDT by NWS Upton NY | Western Passaic | Severity: Unknown NOAA Tri-State Weather Alert — Flood Watch | Flood Watch issued July 5 at 2:08PM EDT until July 7 at 2:00PM EDT by NWS Boston/Norton MA | Hartford; Tolland; Windham | Severity: Severe FDA Class II Recall — Dairy House Ingredient Systems Vanilla Dairy Powder, 50 lb box | Potential for Salmonella | Status: Ongoing NOAA Tri-State Weather Alert — Flash Flood Warning | Flash Flood Warning issued July 5 at 8:01PM EDT until July 5 at 11:15PM EDT by NWS Binghamton NY | Delaware, NY | Severity: Severe WHO USA Health Indicator 2021: 73.7 HHS Update — About Pandemics | Definition, characteristics, and impact of a flu pandemic FDA Class II Recall — Adndale Magnesium Glycinate Gummies 400 mg. Plastic bottle containing 90 gummies. Net weight: 11.36 ounces. Serving size: 2 gummies. UPC: 860008784551... | Undeclared melatonin | Status: Ongoing NOAA Tri-State Weather Alert — Flash Flood Warning | Flash Flood Warning issued July 5 at 7:57PM EDT until July 5 at 11:00PM EDT by NWS Albany NY | Ulster, NY | Severity: Severe HHS Update — H1N1 - originally referred to as Swine Flu | Everything you need to know about the flu illness, including symptoms, treatment and prevention - CDC FDA Class I Recall — Al Yaman Halawa Extra Pistachio 907g (31.994 oz) plastic jars, UPC 5 287000 098083, 12 retail units per case | Product may be contaminated with Salmonella | Status: Ongoing NOAA Tri-State Weather Alert — Flood Advisory | Flood Advisory issued July 5 at 7:23PM EDT until July 5 at 9:15PM EDT by NWS Upton NY | Orange, NY | Severity: Minor HHS Update — H5N1 Avian Flu - H5N1 Bird Flu | Everything you need to know about the flu illness, including symptoms, treatment and prevention - CDC FDA Class II Recall — Legacy Tex Dressing Stabilizer Blend #7604-50, 50lb bags | Product tested positive for Salmonella | Status: Ongoing NOAA Tri-State Weather Alert — Flash Flood Warning | Flash Flood Warning issued July 5 at 7:06PM EDT until July 5 at 10:15PM EDT by NWS Binghamton NY | Delaware, NY; Wayne, PA | Severity: Severe HHS Update — H3N2v | Everything you need to know about the flu illness, including symptoms, treatment and prevention - CDC FDA Class II Recall — Great Value Hawaiian Roll 4pk, Item # F63384. Product is perishable dinner roll ready to eat, sold in a corrugated case of 18 packages (4.5oz net wt.)... | Firm observed oily and sticky substance on direct food contact surface packaging of finished product | Status: Ongoing NOAA Tri-State Weather Alert — Flash Flood Warning | Flash Flood Warning issued July 5 at 6:47PM EDT until July 5 at 9:45PM EDT by NWS Binghamton NY | Delaware, NY | Severity: Severe HHS Update — Symptoms & Treatment | Everything you need to know about the flu illness, including symptoms, treatment and prevention - CDC FDA Class I Recall — azuma foods TAKO WASABI Seasoned Octopus with Wasabi PERISHABLE/KEEP FROZEN PRODUCT OF JAPAN DISTRIBUTED BY: AZUMA FOODS INTERNATIONAL INC., U.S.A. HA... | Undeclared fish | Status: Ongoing NOAA Tri-State Weather Alert — Flood Watch | Flood Watch issued July 5 at 5:55PM EDT until July 7 at 8:00AM EDT by NWS Binghamton NY | Sullivan; Bradford; Susquehanna; Northern Wayne; Wyoming; Lackawanna; Luzerne; Pike; Southern Wayne | Severity: Severe HHS Update — Prevention & Vaccination | Everything you need to know about the flu illness, including symptoms, treatment and prevention - CDC FDA Class III Recall — Salt | Plain salt was labeled as iodized and iodized salt was labeled as plain | Status: Ongoing NOAA Tri-State Weather Alert — Flood Watch | Flood Watch issued July 5 at 5:55PM EDT until July 7 at 8:00AM EDT by NWS Binghamton NY | Chemung; Tioga; Broome; Delaware | Severity: Severe HHS Update — Children & Infants LP | Learn how to protect your children from the flu, get treatment instructions, and learn the warning signs that your child needs emergency medical assistance at Flu.gov FDA Class II Recall — Fairhope Roasting Company Cold Brew Coffee Concentrate, packaged in 1-gallon plastic jugs, UPC 852236006062, for food service only | Product requires refrigeration but the label is missing a "Keep Refrigerated" statement | Status: Ongoing NOAA Tri-State Weather Alert — Flood Watch | Flood Watch issued July 5 at 3:44PM EDT until July 7 at 11:00AM EDT by NWS Albany NY | Northern Litchfield; Southern Litchfield; Western Ulster; Eastern Ulster; Western Dutchess; Eastern Dutchess | Severity: Severe HHS Update — What Is HIV/AIDS? | HIV stands for human immunodeficiency virus, the virus that can lead to AIDS. Learn more NOAA Tri-State Weather Alert — Flood Watch | Flood Watch issued July 5 at 3:40PM EDT until July 7 at 6:00AM EDT by NWS Upton NY | Northern Fairfield; Northern New Haven; Northern Middlesex; Northern New London; Southern Fairfield; Southern New Haven; Southern Middlesex;... | Severity: Severe HHS Update — Global Statistics | Global Statistics Index Page NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:54PM EDT by NWS Upton NY | Rockland; Northern Westchester; Southern Westchester; New York (Manhattan); Bronx; Richmond (Staten Is.); Kings (Brooklyn); Northern Queens;... | Severity: Unknown HHS Update — U.S. Statistics | Over 1.1 million people in the U.S. are living with HIV. One in six don’t know it. Get the facts NOAA Tri-State Weather Alert — Severe Thunderstorm Watch | Severe Thunderstorm Watch issued July 5 at 6:48PM EDT until July 6 at 1:00AM EDT by NWS Mount Holly NJ | Kent, DE; New Castle, DE; Sussex, DE; Caroline, MD; Kent, MD; Queen Anne's, MD; Talbot, MD; Atlantic, NJ; Burlington, NJ; Camden, NJ; Cape M... | Severity: Severe NOAA Tri-State Weather Alert — Flood Watch | Flood Watch issued July 5 at 3:15PM EDT until July 6 at 8:00PM EDT by NWS Mount Holly NJ | New Castle; Sussex; Warren; Morris; Hunterdon; Somerset; Middlesex; Western Monmouth; Mercer; Salem; Gloucester; Camden; Northwestern Burlin... | Severity: Severe NOAA Tri-State Weather Alert — Flood Watch | Flood Watch issued July 5 at 3:15PM EDT until July 6 at 8:00PM EDT by NWS Mount Holly NJ | Eastern Monmouth; Ocean; Cumberland; Atlantic; Cape May; Atlantic Coastal Cape May; Coastal Atlantic; Coastal Ocean; Southeastern Burlington | Severity: Severe NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:54PM EDT by NWS Upton NY | Western Passaic; Eastern Passaic; Hudson; Western Bergen; Eastern Bergen; Western Essex; Eastern Essex; Western Union; Eastern Union | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Morris; Hunterdon; Somerset | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Cape May; Atlantic Coastal Cape May; Atlantic; Coastal Atlantic | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Sussex; Warren | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Middlesex; Mercer | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Gloucester; Camden; Northwestern Burlington | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Western Monmouth; Eastern Monmouth | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Ocean; Coastal Ocean; Southeastern Burlington | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 4 at 3:45PM EDT by NWS Mount Holly NJ | Salem; Cumberland | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 3 at 11:25PM EDT by NWS Upton NY | Eastern Passaic; Hudson; Western Bergen; Eastern Bergen; Western Essex; Eastern Essex; Western Union; Eastern Union | Severity: Unknown NOAA Tri-State Weather Alert — Air Quality Alert | Air Quality Alert issued July 3 at 11:25PM EDT by NWS Upton NY | Western Passaic | Severity: Unknown NOAA Tri-State Weather Alert — Flood Watch | Flood Watch issued July 5 at 2:08PM EDT until July 7 at 2:00PM EDT by NWS Boston/Norton MA | Hartford; Tolland; Windham | Severity: Severe

America 250: The Semi-Quincentennial Review

Governance, Law and Policy
The White House (America 250)

Today marks the 250th anniversary, or semi-quincentennial (America 250), of the United States. This will be remembered as a significant place in history, as it was the time when our nation officially recognized itself as a sovereign nation by adopting the Declaration of Independence. Only once every four generations does our nation celebrate a common and meaningful expression of hope and togetherness (i.e., like the United States). Unfortunately, a recent Cato Institute/Morning Consult survey revealed that nearly half of all Americans couldn’t identify what the semi-quincentennial commemorates, and the recent NPR report on the semi-quincentennial celebrations confirmed a significant civic literacy gap.

Based on a similar study that was conducted by the Cato Institute (in conjunction with the University of Maryland), looking at respondents from Gen Z, the number of respondents who successfully passed a civics quiz is significantly lower than that of all other generations. The goal of recognizing the history and the ongoing legacy of the United States as the semi-quincentennial by addressing the need for a socio-political experience to allow for reflection on the magnitude of the event itself means that the 250th anniversary is not just a larger 100th anniversary but rather that it is the time at which a republic evolves from an experiment into an inheritance. That inheritance is now embedded in our governmental institutions.

The Historical Parallel: 1976 to 2026

The Bicentennial happened in 1976, shortly after Watergate, Vietnam, and stagflation. Modern American history historians have referred to it as an experiment of neoliberal governance using participatory language. The American Association of University Professors (AAUP) has noted that this was also the beginning of higher education’s long history of transitioning from a public good to an institution that relies entirely on tuition funding.

 

The institutional picture 50 years later is less that of a recovery than that of a recurrence.

 

The New York Times has reported that the 250th has already created two separate commemorations—one buoyed by the bipartisan America250 Commission and another supported by the White House/America’s 250th (Freedom 250). Furthermore, The Atlantic, under the auspices of its America at 250 celebrations, has presented this moment as a referendum on the American experiment to the world, but it is now going to be faced with exposing the divisions that may exist within the universities and corporations.

 

The Executive Pitch

Why would any top administrators at a university or the CEO of a Fortune 500 company be concerned with celebrating a birthday? The 250th anniversary will serve as a stress test on the validity of every institution that is engaged in the trade of public trust. According to the Time article on the 2026 Edelman Trust Barometer, the only institution trusted to be both ethical and capable of performing its work is business, which derives much more strategic risk than reward from this trust.

 

For deans, provosts, and university presidents, the 250th anniversary represents the largest opportunity in modern history for civic education — an unprecedented opportunity for enrollment, fundraising, and relevance. For CEOs, the 250th anniversary will represent a brand-reputation hot button where silence can signify as highly as sponsorship and/or promotion of an organization. To ignore America 250 is not to be neutral, but rather it is to be guilty of relinquishing your responsibility.

 

Defining Constitutional Architecture

With the phrase “constitutional architecture,” I am intending to signal that the Constitution should not be seen merely as a document but rather as an essential, load-bearing structure. The load-bearing beams of the Constitution are freedom of the press, an independent judiciary, and federalism, and the most vital of these elements are civil society institutions that the founding fathers anticipated would have the capacity to carry out the civic virtue that is inherent in American society. According to Madison, in Federalist No. 51, “the ambition must be made to counteract the ambition.” Hence, it follows that the institutions of higher education, business corporations, charitable foundations, and the courts are not simply exterior facades on this architectural structure but are, instead, precisely the countervailing ambitions Madison intended.

 

Dr. Rakove’s Pulitzer Prize-winning book, Original Meanings, provided a powerful reminder that the Constitution was not developed out of an abstract notion of what the Constitution should say but rather from negotiation and compromise between people from various backgrounds and walks of life. Likewise, institutions contain this same essence of compromise and, as such, are only as strong and stable as the countervailing forces within the institutions.

 

The Evolution of Federalism

Our founders believed in a dual system of government that provided power to both state and federal governments, as well as establishing a private-sector civic space. The Brookings Institution has suggested in its publication titled “Rebalancing American Federalism” that the system is currently under pressure from the federal government encroaching into certain areas of state laws and the fragmentation of states within themselves. The commercial activity that takes place between institutions through the flow of research funds, endowments, and human resources is helping to keep our federalism intact despite its fragmentation. Accomplishing this task, universities and large corporations act as unintentional interstate constitutional infrastructure.

Steering Through Friction

Legacy institutions and corporations are experiencing what seems like an unusual level of disruptiveness: politicized accreditation; litigation against DEI programs; boycotts; congressional subpoenas; and diminished public trust. Rather than being prescriptive, history provides guideposts. For example, the founders of the United States viewed friction as a characteristic of the system rather than a flaw. It was deliberately incorporated to prevent any one group from being able to control the system.

 

Research from the Harvard Business Review suggests that organizations led by individuals who exhibit strong integrity, courage, and curiosity tend to achieve over five times the financial return (return on assets) than their less purposeful peers. In HBR’s “What Does Your Company Truly Stand For?” values don’t matter unless they are carried out through ongoing, measurable actions and not simply aspirational statements.

 

The historical conclusion is the same as what Madison understood: far from being incidental, friction will only be tolerated if institutions have committed to foundational principles of their leaders that will endure beyond the next quarter, presidential term, or news media cycle.

The Institutional Anchor

The higher education system in 2026 has three main responsibilities: to preserve the American narrative; to provide an accurate accounting of the American narrative; and to adjust the narrative as needed according to the historical record. The New York Times article in April regarding America 250 illustrated the political firestorm surrounding each of these three actions: to preserve, to teach, and to revise. The July issue of The New York Times editorial raised the issue of the principles of the Constitution and Declaration of Independence and how they are the primary basis for creating unity among the fragments of the national identity—an American Identity defined by belief/creed, rather than by ancestry. It is important to understand that no one can “execute” or live up to this creed/rule of law until those who are eligible to claim American citizenship have been taught, debated, and reinforced within the context of an American classroom.

 

Universities have the rare opportunity to create a bridge between the past, present, and future that they can maintain within the context of the long-term vision they are given and can pursue in comparison to any other institution today. For example, a corporation exists primarily for profit and operates on a quarterly earnings model, as do all levels of government that operate on four-year terms, whereas there are only universities that are staffed and resourced to operate on forecasts that can stretch out many decades.

 

Because of this capacity, they have become targets, and this has created a need for their defense to be seen as maintaining the Constitution rather than promoting their industry. As documented in a report by Inside Higher Ed, many colleges and universities (from Arizona State to Brown) are bringing together very difficult conversations on the national level using America 250 instead of having those conversations on their campuses. Both the National Constitution Center’s “Principles of America at 250” program and the America250 Commission’s convening of various groups rely on universities to provide the intellectual support structure. This support structure can be readily seen in Brookings’ Civics at 250 series, featuring U.S. Senators King, Lankford, and Kaine, which are all examples of the type of gathering that higher education institutions could create through their convening capabilities.

Translating History for the Boardroom

There is indeed a problem with translating between the Constitution and the real world of corporate governance. Governance structures need to establish their own rules, not just take seminars on the U.S. Constitution, as boards of directors have. There are three ways to translate from one set of constructs to the other.

 

The first translation is to go from the separation of powers to governance design. For example, the independent audit committee, whistleblower channels, and non-executive chair are all tools created by the framers (Madison and others) in the respective fields of corporations. Each time a director has challenged a founder-CEO has been doing constitutional work even if they didn’t use that specific terminology.

 

The second translation is moving from federalism to subsidiarity. Push down decisions to the lowest competent level possible, and only centralize where scale and cost dictate. Examples of regional campus autonomy and P&L authority for business units are both examples of federalism presented in different terminology.

 

The third and final translation is transitioning the Bill of Rights into stakeholder protection. Employees, customers, and communities all qualify as quasi-constitutional “stakeholders,” and all have certain rights within an organization if it is expected to last. An example of this was an essay published by TIME comparing higher education in 1976 with the colonial era. Boards that consider stakeholders as rights holders rather than simply categories of “risk” create sustainable organizations regardless of who controls the organization after a change in the political environment.

 

A board that operationalizes these three translations is using an operational framework that is consistent with the original founding values of our nation, not simply applying words from history to its governing documents.

 

The Next 50+ Years

Looking into the future, the institution will most likely have four attributes:

  1. It will operate with clear principles that can be observed or tracked in operational making, not just through its mission statement.
  2. Their organizational structure will be global in scope, local in terms of accountability, and resistant to nationalist capture and stateless drift.
  3. They will be strong in terms of culture, using information, audit, and transparency rather than personal charisma and founder myths for governing.
  4. They will be proficient in communicating to the public independently and without political bias, so that they will also publish uncomfortable findings (including when the findings embarrass the institution) and disclose their findings to the public without hesitation.

 

The institutions that survive into the America of the year 300 will be able to view legitimacy as a renewable resource instead of an inherited one. They will read the Federalist Papers, hire historians, and build their governance structure in the same manner the Founding Fathers constructed the U.S. Constitution—as an argument intended to endure beyond the authors. America 250 is not the end of an experiment; it is instead the mid-point of the overall effort to create new, functional institutions; therefore, the individuals currently occupying provosts, deans, general counsel, and CEO positions already hold constitutional offices, whether they know it or not. As such, you should build your organizations with the awareness that you will not occupy your position long-term in creating institutions to last.

Faculty affiliations

NYU School of Professional Studies
Columbia University

Dr. Janice Gassam Asare
Dr. Eli Joseph

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