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763 points tartoran | 238 comments | | HN request time: 0.358s | source | bottom
1. mikeyouse ◴[] No.45682307[source]
> Tim Rieser, former senior aide to Senator Leahy who wrote the 2011 amendment mandating information gathering, told the BBC the gateway's removal meant the State Department was "clearly ignoring the law".

We're in a really bad place... with a servile congress, it turns out there aren't really any laws constraining the executive branch. When everything relies on "independent IGs" for law enforcement inside executive branch departments, and the President can fire them all without consequence or oversight, then it turns out there is no law.

replies(21): >>45682323 #>>45682445 #>>45682511 #>>45682590 #>>45682838 #>>45682977 #>>45682980 #>>45683124 #>>45683225 #>>45683230 #>>45683339 #>>45683432 #>>45683533 #>>45683596 #>>45683626 #>>45683638 #>>45683774 #>>45683801 #>>45683853 #>>45683854 #>>45683942 #
2. abirch ◴[] No.45682323[source]
It defeats the purpose of a veto if the executive branch can ignore the law.
replies(1): >>45682356 #
3. duxup ◴[] No.45682356[source]
[flagged]
replies(1): >>45682569 #
4. wffurr ◴[] No.45682445[source]
The answer is impeachment, but when Congress is stuffed with boot licking toadies, then there is no recourse.
replies(5): >>45682460 #>>45682691 #>>45682910 #>>45683177 #>>45684072 #
5. nerdsniper ◴[] No.45682460[source]
* s/impeachment/“conviction by the Senate”

Impeachment by itself has been shown to accomplish nothing. There is no other mechanism except conviction by the Senate to address constitutional or legal violations made by the president.

Also no president has ever been impeached by a House which is controlled by a majority of the same party of the President. If Congress had a full Republican majority during Nixon’s years, he would not have been impeached. If Congress had a full Democratic majority during Clinton’s years, he would not have been impeached.

Edit: “Approval voting” is the appropriate escape hatch from 2-party politics. It lets you get rid of primaries entirely and run all the top-n candidates who have the greatest number of valid nomination signatures. Its advantage over range-voting/etc is that it is dead-simple to explain to voters: Put a checkmark next to any candidate that you're "okay" with. The candidate with the most checkmarks wins.

https://rangevoting.org/CompChart.html

replies(2): >>45682702 #>>45683003 #
6. skizm ◴[] No.45682511[source]
> it turns out there aren't really any laws constraining the executive branch

There are plenty of laws being ignored. Tariffs being the most obvious.

replies(2): >>45682818 #>>45682934 #
7. nerdponx ◴[] No.45682569{3}[source]
At least I get to feel vindicated. Many many people, including me, have long asserted that the so-called "conservatives" in the Supreme Court are anything but. Historically their decisions have appealed to a certain kind of conservative political base, but the pretense is really starting to wear thin. Limiting the power of the executive branch in general was never the goal, it was only to limit the power of presidents who were willing to challenge the capitalist oligarchy master plan. They know that their job now, along with their allies and Congress, is to simply step aside and manage public outrage while the next phase of the plan is set in motion. I'm not just talking about in recent years either, go back through the Obama and W Bush administrations. You might notice that the conservatives in the court curiously turned more conservative when "their guy" isn't in office.
replies(5): >>45682845 #>>45682872 #>>45682953 #>>45683783 #>>45684070 #
8. jopsen ◴[] No.45682678[source]
Even more reason to let people report such issues.

If you don't collect data, you can't brag about it.

9. Yeul ◴[] No.45682691[source]
A good point. The people who sit in parliament are very often just machines of the party. Yes yes TECHNICALLY they are elected by the people and have a mandate but your career is over if you speak out.

You have to be a very special kind of person to break rank.

replies(1): >>45682809 #
10. LunaSea ◴[] No.45682702{3}[source]
This mostly shows that political parties are the problem themselves rather than the political mechanics of the system themselves.
replies(4): >>45682747 #>>45682753 #>>45682762 #>>45683338 #
11. BoredPositron ◴[] No.45682704[source]
It's about ignoring due process. If you don't want it repeal the law. They can do it easily but ignoring it sends a different message...
replies(1): >>45682836 #
12. actionfromafar ◴[] No.45682747{4}[source]
Except that 2 parties emerge like clockwork from the political mechanics of the system. Winner-takes all almost guarantee a two-party system.

Maybe you didn't mean the system as broadly.

13. theptip ◴[] No.45682753{4}[source]
Now we are talking. And the dynamic that makes political parties so toxic IMO is “first past the post” voting.

If it’s your team or the “worse” team, you tolerate any flaw in your team.

If there was a pressure valve where another party can simply take over (for example see Reform vs Conservative parties in the UK, not that I am thrilled with the underlying direction) then there is an alternative: cut bait and condemn what used to be “your team”, and start a new one.

replies(2): >>45683062 #>>45683228 #
14. microtonal ◴[] No.45682762{4}[source]
The political mechanics of the system result in a two-party system, because no other party ever stands a chance of getting seats. Coalition systems may be less stable, but when you need at least three parties to form a government, they tend to keep each other in check better.

Yes, I know that there are exceptions, but seats should be proportional to the vote. If you have 100 seats, that party only getting 5% of the votes should also have 5% of the seats.

In the country where I live, people do consider themselves leftist, centrists, or right-wing, but a vast majority only decides what specific party to vote during the campaign.

We have the opposite issue, since there is not electoral threshold, we now have a lot of small and middle-sized parties, making it harder to form a coalition. (Would be possible to address with an electoral threshold of 2-5%.)

15. cogman10 ◴[] No.45682809{3}[source]
Which is the flaw of the impeachment/conviction process. It heavily relies on elected officials having a strong moral compass. It's what the founders got the most wrong about the US as it's basically a worthless process. It really doesn't matter what evidence gets presented or what a president does. The result will always be a party line vote.
16. selectodude ◴[] No.45682818[source]
Congress should get around to impeaching and convicting the president then!
replies(2): >>45682889 #>>45683324 #
17. mikeyouse ◴[] No.45682836{3}[source]
This is exactly right - the Trump admin claims to have a mandate to do all sorts of things, and they're just unilaterally doing so - in plain violation of the law. If they actually the mandate they say they do, they'd pass laws repealing the requirements they don't like and defunding the programs they dislike rather than illegally impounding the funds and illegally killing programs like this one. Except it turns out that "illegal" is only important if there's someone capable of enforcing the law and under this Supreme Court's clearly insane reading of our laws and constitution, there is nobody that can constrain the President.
18. Joeri ◴[] No.45682838[source]
When a different side takes control of the justice department they may choose to go after all those who broke the law by order of this president. The president might be protected from consequences according to the supreme court, but those answering to the president are not.

This administration has set the standard that the justice department can be weaponized against political enemies. The ratchet only goes one way in American politics, presidents never relinquish the powers claimed by their predecessors.

replies(6): >>45682885 #>>45682894 #>>45682904 #>>45682967 #>>45683411 #>>45683693 #
19. wackget ◴[] No.45682845{4}[source]
They are not conservatives. They are selfservatives.
20. watwut ◴[] No.45682872{4}[source]
> have long asserted that the so-called "conservatives" in the Supreme Court are anything but

They are conservatives and push for conservative agenda. Conservatives wanted them on the court so that they can make decisions like this.

replies(3): >>45682954 #>>45682964 #>>45682988 #
21. throw0101c ◴[] No.45682885[source]
> The president might be protected from consequences according to the supreme court, but those answering to the president are not.

Unless they are granted a blanket pardon beforehand.

Then all you can really do is an "audit" for who did what, from which no charges can be laid.

replies(2): >>45682936 #>>45683364 #
22. cheema33 ◴[] No.45682889{3}[source]
> Congress should get around to impeaching and convicting the president then!

I hope you know that Congress has abdicated all of their responsibilities to the president. I don't know if the founders ever saw this coming.

replies(8): >>45682981 #>>45682996 #>>45683006 #>>45683061 #>>45683139 #>>45683227 #>>45683405 #>>45683441 #
23. ryandrake ◴[] No.45682904[source]
The obvious solution to this is to change everything structurally needed to ensure the other side never again takes control, which is clearly also in progress.
replies(1): >>45684017 #
24. AndrewKemendo ◴[] No.45682910[source]
If a population decides to let themselves be run this way then who is at fault?

People get the leaders they deserve

replies(1): >>45683176 #
25. ◴[] No.45682931{3}[source]
26. runarberg ◴[] No.45682934[source]
Parent’s statement still holds. The laws may exist but if they are not enforced, they don‘t really constraint anyone do they?
27. throw0101c ◴[] No.45682935{3}[source]
> Like Biden didn't weaponize the justice department first?!

Out of genuine curiosity: what specific actions do you think were 'weaponized' investigations / prosecutions under Biden?

28. zippyman55 ◴[] No.45682936{3}[source]
That does not allow escaping from international laws.
replies(6): >>45682968 #>>45683091 #>>45683134 #>>45683135 #>>45683714 #>>45684071 #
29. elaus ◴[] No.45682946{3}[source]
As someone not from the US and looking from the outside: it seems there is a _significant_ difference between the two administrations in this regard?
replies(2): >>45683210 #>>45683935 #
30. ◴[] No.45682953{4}[source]
31. actionfromafar ◴[] No.45682954{5}[source]
They are cons.
32. dagss ◴[] No.45682964{5}[source]
I think you and parent comment are just using the word conservative in two different ways. There is conservative values and there is the conservative party, two different things.
replies(3): >>45683140 #>>45683656 #>>45684572 #
33. ajross ◴[] No.45682967[source]
> When a different side takes control of the justice department

That's an argument about the degradation of the rule of law, taking as a prior that the rule of law won't degrade. It's... unpersuasive. The end goal of this kind of thinking is that the other side never does take control, ever.

The current administration pretty clearly does not intend to give up power. They tried to evade democracy once already, and have fixed the mistakes this time.

Whether they will be successful or not is unknowable. But that's the plan. And the determining factor is very unlikely to be the normal operation of American civil society. Winning elections is, probably, not enough anymore.

34. actionfromafar ◴[] No.45682968{4}[source]
Can't escape State law either.
replies(1): >>45683392 #
35. ahmeneeroe-v2 ◴[] No.45682975{3}[source]
The left doesn't acknowledge any of that.
replies(2): >>45683078 #>>45683288 #
36. ModernMech ◴[] No.45682977[source]
The Constitution constrains the executive, it doesn't give him very many powers at all. Frankly, the Constitution bars him from having run in the 2024 election for having caused an insurrection against the United States. Aside from that, he should have been impeached and removed and barred from running again for extorting a bribe from a foreign government.

We have the necessary laws to have prevented this but money and power and bigotry won the day, as usual. Don't look to laws to fix this, no amount of laws will fix voting in a felon, adjudicated rapist who tried to kill his own VP. At that point you have to fix the society, because it's sick.

37. wat10000 ◴[] No.45682980[source]
People have been saying for decades that Congress has delegated far too much power to the executive and that it's ripe for abuse if a malevolent president ever takes office.

Hey guess what, a malevolent president took office and is now abusing all that power delegated by Congress. Who could have foreseen this.

(Yes, his predecessors also abused that power in various malevolent ways, but there's a massive difference in degree now.)

38. lotsofpulp ◴[] No.45682981{4}[source]
How do you mitigate when 2/3rd of voters support, at least tacitly, the lawlessness?
replies(5): >>45683009 #>>45683236 #>>45683244 #>>45683374 #>>45683479 #
39. lesuorac ◴[] No.45682988{5}[source]
Yeah, the meaning of words change.

They are conservatives. People that care about things like small governments and fiscal responsibility are not. It's sad when somebody takes control over a group you identify with and changes it's goals but you're one person versus millions. The word doesn't mean what it used to.

replies(1): >>45683689 #
40. selectodude ◴[] No.45682996{4}[source]
it was joke. i am well aware.
41. NoMoreNicksLeft ◴[] No.45683003{3}[source]
>If Congress had a full Republican majority during Nixon’s years, he would not have been impeached.

That's at best "unclear". Attitudes were different, and there is some evidence of principled intentions even by the Republicans. If I were pressed for an answer, I'd say that the Republicans would have impeached, just weeks later than the Democrats. But, during that era Congress still thought itself coequal to the presidency and wanted to preserve their own power, which might have had something to do with that too.

>If Congress had a full Democratic majority during Clinton’s years, he would not have been impeached.

Which is funny if you ask me. They still defend him to this day, despite the fact that he opened the presidency up to extortion by any intelligence service competent enough to have caught on to his behavior.

replies(1): >>45683250 #
42. candiddevmike ◴[] No.45683006{4}[source]
> I don't know if the founders ever saw this coming.

Surely there weren't any historical examples of that happening, like in the Mediterranean...

I kinda dislike how folks hold the founders up with some kind of religious reverence (for some, only when it suits their agenda). These guys may have been bright at the time, but you can tell they didn't think a lot of things through and certainly didn't "plan for scale". That we now have judges acting as pseudo priests "interpreting the founders" is just laughable, I doubt the founders envisioned their constitution still being in use 300+ years later.

replies(4): >>45683042 #>>45683101 #>>45683112 #>>45683223 #
43. ◴[] No.45683009{5}[source]
44. margalabargala ◴[] No.45683032{3}[source]
Let's say for a moment he did.

Shouldn't that be fixed rather than now abused further?

If your justification for Trump doing something is that "Biden did it first", then that means Biden is no worse than Trump. It means Trump just just following along the path Biden laid for him to the same goal.

replies(1): >>45685772 #
45. nemomarx ◴[] No.45683042{5}[source]
They pretty specifically expected it to be modified and changed out, so we've let them down by freezing it and no longer even passing amendments (let alone a new convention to replace it). Hard to say they should have built a system that was up for lasting more than two centuries though imo
46. outside2344 ◴[] No.45683061{4}[source]
The thing the founders didn't foresee was that a president could basically threaten to remove any member of Congress by 1) driving their campaign contributions to zero or 2) threatening to sic his mob on them.
replies(4): >>45683180 #>>45683995 #>>45684042 #>>45684184 #
47. ◴[] No.45683062{5}[source]
48. ModernMech ◴[] No.45683078{4}[source]
For the left to acknowledge something, a specific claim would have to be made and proved. The opposition party standing up a congressional committee with a scary name and making a bunch of press conferences doesn't prove anything.
49. roughly ◴[] No.45683091{4}[source]
The US army does, though.
50. mrguyorama ◴[] No.45683101{5}[source]
The founders wanted exactly what we have: A government beholden to the rich and well connected. That's why they agitated for revolution in the first place. They talked big about liberty and democracy, but when given the chance, they said very concretely: "We the people" means "We the rich, white people"

More directly, they all talked about how problematic political parties could be, and then did nothing at all to prevent them. They weren't exactly good systems thinkers.

replies(1): >>45683732 #
51. wsatb ◴[] No.45683112{5}[source]
They did not envision it to be used in its original state, and it hasn’t. But it also hasn’t changed much in a long time.
52. rayiner ◴[] No.45683124[source]
Your comment reflects a common, but fundamentally mistaken, understanding of the constitution. You're thinking of the government like an operating system with a microkernel that is trusted to neutrally enforce the "law," with the three branches of government running in userspace.

That's not the system the founders created! They understood that everyone is political, and no one can be trusted. The founders understood the "who watches the watchers" problem and created a system without any such single point of failure. The ultimate backstop in our political system is not the law, but instead frequent elections. Congress writes the law, the President enforces the law, and the Judiciary interprets the law. If the President does a bad job of enforcing the law, the recourse is elections (or, as a last resort, impeachment).

replies(7): >>45683442 #>>45683982 #>>45684007 #>>45684104 #>>45684189 #>>45684260 #>>45690195 #
53. kelvinjps10 ◴[] No.45683134{4}[source]
Actually it does if the US, bullies the other countries into not enforcing it and the US it's actually the main country enforcing international law. If a country dare to enforce international law against an us person, they will cut resources or threaten to use military
54. terminalshort ◴[] No.45683135{4}[source]
International law makes traffic cops look like Judge Dredd
55. rayiner ◴[] No.45683139{4}[source]
George Washington could have declared himself King if he had wanted, so yes, the founders absolutely saw this coming.
56. miningape ◴[] No.45683140{6}[source]
Go back far enough and conservative meant "conserve the monarchy"
57. jkestner ◴[] No.45683176{3}[source]
We love to blame the common clay, don't we. You can win a majority of voters and lose an election. There are systemic problems, starting with money in politics, two senators per state, the electoral college and gerrymandering.
replies(4): >>45683767 #>>45683916 #>>45683980 #>>45684191 #
58. alluro2 ◴[] No.45683177[source]
I don't really understand why people still talk about impeachment.

It has been very clearly shown to be a futile formality that only makes the ones doing it look even more powerless and worthy of mockery in the eyes of the other side and their supporters.

In a bygone era, impeachment would rely on concepts of shame, responsibility and public duty - it would be unimaginable that person that was impeached does not step down from the position and likely from political foreground fully - from the moral and social weight of that consequence.

We've seen last 2 times how thoroughly that weight no longer exists in modern society/politics.

Without criminal responsibility, there is no responsibility left at all.

replies(1): >>45683337 #
59. actionfromafar ◴[] No.45683180{5}[source]
Dissenting representatives may very well need Secret Service protection to stay alive. Good luck getting that protection approved.

(The Epstein issue is a special case - some of the MAGA base still believes it was not a hoax and that Epstein was not alone in his crimes.)

60. SanjayMehta ◴[] No.45683210{4}[source]
As another someone from the outside looking in, the difference is in the reporting in the old media.

Biden had the support of the media and his lawfare and misdeeds were glossed over.

One example was the Hunter Biden laptop. Nord Stream pipeline sabotage was another.

Trump's shenanigans are just getting more attention. But to be fair, his shenanigans are dialled up to 11 while Biden was at a more modest 8.

replies(1): >>45683268 #
61. rayiner ◴[] No.45683223{5}[source]
The founders came from England, which has the world's longest unbroken political tradition (apart from 11 years during the English Civil War). England has top-level cabinet positions that were established 800 years ago. So I doubt the founders would be surprised that their constitution was still in use 236 years later.

Regardless, what the founders believed is relevant because they're the ones that wrote the currently operative legal document that governs the country. We can replace that document whenever we want! But until we do that, the document, and what its authors intended it to mean, are binding on us.

replies(1): >>45683666 #
62. pwarner ◴[] No.45683225[source]
it turns out there aren't really any laws
replies(1): >>45683308 #
63. FranzFerdiNaN ◴[] No.45683227{4}[source]
They probably also didn’t see it coming that their constitution would be considered just as sacred as the Bible, instead of a document that was to be adapted.

And they never expected that a buffoon like Trump would be elected, instead of a bunch of rich gentlemen being in charge.

64. ModernMech ◴[] No.45683228{5}[source]
> If there was a pressure valve where another party can simply take over

That's exactly what happened though -- the MAGA party took over. Conservatives "cut bait" with traditional Republicans, condemned them (see how they talk about Liz and Dick Cheney or even GWB, Mitt Romney, and John McCain, their own presidential nominees), and started a new party within the rotting corpse of the old GOP. There's still some "Republican" branding around but if you pay attention they're not waving "Republican" flags or wearing "Republican" hats anymore.

replies(2): >>45683610 #>>45690464 #
65. softwaredoug ◴[] No.45683230[source]
TBH The Right in the US has such a structural advantage, that Congress's silence becomes de-facto acceptance. Congress choosing to not do oversight becomes a de-facto repeal of the law.

The only other option is to find someone with standing being harmed and sue. And that will take time to wind through the courts, with not great chances at SCOTUS.

replies(6): >>45683312 #>>45683393 #>>45683504 #>>45683510 #>>45683799 #>>45683891 #
66. rayiner ◴[] No.45683236{5}[source]
You don't. That's democracy.
67. bilekas ◴[] No.45683244{5}[source]
I don't know exactly which support level you mean but https://www.economist.com/interactive/trump-approval-tracker would paint a different picture. That said, who knows how valid even these numbers are.
replies(2): >>45683540 #>>45683726 #
68. nerdsniper ◴[] No.45683250{4}[source]
> They still defend him to this day

Older democratic voters generally do seem to defend him but a growing number of younger democratic voters seem to identify his actions as tantamount to statutory rape, and support his impeachment in principle. The establishment Democratic politicians also generally seem to defend him or at least refuse to condemn his actions, but most of the politicians also lean older.

Most people I talk with about it seem divided along the lines of morality in terms of the interaction and level of consent, rather than along debate over the security risks. Security risk seems like a valid point of concern to me.

That risk could be mitigated by a president being open about their promiscuity with both family and the public during their campaign - e.g. when both Russia and USA attempted to sextort and blackmail Sukarno (the president of the Philippines) he was delighted that his encounters were filmed and requested extra copies of the kompromat.

replies(2): >>45683531 #>>45688880 #
69. luddit3 ◴[] No.45683266{3}[source]
He prosecuted his own son.
replies(2): >>45683323 #>>45683737 #
70. mikeyouse ◴[] No.45683268{5}[source]
We're talking specifically about lawfare - so no idea why you're talking about the Nord Stream pipeline? These banal observations about 'both sides' are so shallow.

Name Biden's lawfare. What exactly did he abuse the Justice Department to do?

replies(2): >>45685683 #>>45690128 #
71. FranzFerdiNaN ◴[] No.45683288{4}[source]
It’s because it’s nonsense. It’s just yet another case of accusations from the far right being a confession.
72. FranzFerdiNaN ◴[] No.45683308[source]
Oh there are, but only for the Democrats. Same with the media: Trumps brain is openly turning to soup and the media can’t help but cover for him. Yet Biden, when he too was clearly way too old for the job, got constantly attacked for it. The double standard is bizarre.
73. rayiner ◴[] No.45683312[source]
> Congress's silence becomes de-facto acceptance. Congress choosing to not do oversight becomes a de-factor repeal of the law.

Yes, but why is that surprising? If a majority of any legislature doesn't care to see a law enforced, they could vote to repeal the law anyway. It's only because of the artifice of the filibuster in the U.S. system that there's a meaningful difference between those two things.

replies(5): >>45683400 #>>45683485 #>>45683562 #>>45683743 #>>45683981 #
74. nomdep ◴[] No.45683323{4}[source]
... and pardoned the moment it was declared guilty.
replies(1): >>45683428 #
75. jayd16 ◴[] No.45683324{3}[source]
Third time's the charm, I guess?
76. vlovich123 ◴[] No.45683337{3}[source]
Impeachment is the first step before conviction and removal. That’s why it’s talked about.
77. jerlam ◴[] No.45683338{4}[source]
Political parties were infamously called out by the first US President over 200 years ago, the only one to not have a political party:

https://www.mountvernon.org/library/digitalhistory/past-proj...

Having a bad system is one thing. Having a bad system and no one able or willing to fix it is worse.

78. b33j0r ◴[] No.45683339[source]
I am so mad that I spent that much time watching an anthropomorphized bill moving through congress. Useless knowledge.

“And we’ll make ted kennedy payyyy

“If he fights back, we’ll just say that he’s gayyyy

79. jayd16 ◴[] No.45683364{3}[source]
Just lock them up anyway and pardon yourself for ignoring the pardon if that's how the game is played.

The idea of a blanket pardon is absurd on its face and we're only allowing it because we're allowing political prosecution.

replies(1): >>45683855 #
80. PaulRobinson ◴[] No.45683374{5}[source]
This is easy.

Most people just don't care. They just want to live their lives. Their lives are not good, but they're not awful, they're aware there are a lot of people are worse off than them, and they know if they rock the boat too much they might get singled out and their life gets worse.

The powers in charge recognise this, and just accept that absolute monarchy in their image is fine, and they can do what they want, and so do so. And life in "the court" is particularly fine, and everybody eats and drinks well, and nobody does or says much. The occasional opposition pops up, but they can be charged with treason, and imprisoned, or even better, executed. Problem solved.

I often summarise this as saying that Putin is not the problem, Putinism is - there's vested interests in keeping him, and his ideology, just where it is. Trumpism is real, Thatcherism still has a hold in the UK, it's all these political systems with ardent supporters holding onto a name because they define their own safety and economic well being with the ideas most closely associated with them. It can take decades (perhaps centuries), for the "court" around such people to break free.

Then, at some point a minority who does not have it good in this system decides to do something about it. A charismatic leader makes some speeches, rallies people into action, an insurrection, revolution or civil war takes place.

Most people just don't care. Until the civil war arrives at their doorstep and they have to choose a side, which they do, often quite grudgingly.

The old guard sometimes wins, and doubles down on the way things were. Sometimes they are toppled. In the old days the losers were killed to make sure there was no going back, but these days they tend to get to stick around and get real bitter. South Africa might be the only example in history where they tempered this stage a little through incredible experiments in public justice, but even there, there are problems.

An attempt is then made to fix the wrongs of the past: more accountability, more democracy, or even less democracy, whatever the thing is that caused those kings and queens and their courts (even if they were in fact constitutionally not actual kings or queens, just behaving like ones), to have that power, it's all shaken up. New dice are rolled.

Most people just don't care. But there's an optimism for a while, perhaps.

And a new system takes hold. Sometimes for a few years, sometimes for a few centuries. And then the cycle repeats.

This is crudely how the United States was mostly born. And the United Kingdom (after multiple cycles in England, Wales and Scotland). There is no country in Europe that hasn't seen this cycle many times. It's the recent history of almost all of South America, Asia and Africa, except in many cases they also had to deal with foreign kings and queens having a will enforced by foreign armies or - worse still - the CIA getting involved, because, why not?

The Middle East has had its run-ins in places with this cycle, but making sure most people born in your country feel rich sure has helped a lot in recent decades, as does being able to punish (or eliminate), people who raise their hand and begin "Wait, I have a question..."

Yes, I'm cynical, yes, I'm sad about it, no I don't think there's much that can be done.

I sincerely hope this isn't a story that has a near future in the US (or indeed anywhere else), but... it's not looking or feeling great.

replies(1): >>45683910 #
81. jayd16 ◴[] No.45683392{5}[source]
Trump seems to have been able to.
82. kranke155 ◴[] No.45683393[source]
Because they now control the Congress and SCOTUS, there is effectively no recourse. Congress is paralysed and SCOTUS will almost always rule in favor of the Administration.

They studied and effectively undermined the system patiently. Now armed forces are being deployed to all major cities.

83. ◴[] No.45683398{3}[source]
84. ◴[] No.45683400{3}[source]
85. thayne ◴[] No.45683405{4}[source]
One thing the founders definitely didn't see coming was the two party system, which eventually led to a single party controlling all thee branches of government.
replies(3): >>45683587 #>>45683812 #>>45683915 #
86. kranke155 ◴[] No.45683411[source]
There are some signs that the current Administration has no intention of allowing “a diferente side” to retake power.

Trump third term being one.

87. jayd16 ◴[] No.45683428{5}[source]
So the exact opposite of political prosecution, then?
88. blurbleblurble ◴[] No.45683432[source]
Seems like laws exist, they're just perverted or ignored. For example, this applies to the executive branch:

(a)Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— (1)falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2)makes any materially false, fictitious, or fraudulent statement or representation; or (3)makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years. (b)Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding. (c)With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to— (1)administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or (2)any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate. (June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–292, § 2, Oct. 11, 1996, 110 Stat. 3459; Pub. L. 108–458, title VI, § 6703(a), Dec. 17, 2004, 118 Stat. 3766; Pub. L. 109–248, title I, § 141(c), July 27, 2006, 120 Stat. 603.)

https://www.law.cornell.edu/uscode/text/18/1001

replies(1): >>45685871 #
89. yieldcrv ◴[] No.45683441{4}[source]
Our founders recognized our compromisestitution was vulnerable to this, they didn't predict a nationalist brainwashing campaign to call compromise a beneficial thing as part of a national identity

They expected waaaay more amendments than we have done

replies(1): >>45684988 #
90. kranke155 ◴[] No.45683442[source]
They’ve created enough of a digital system to manage public opinion (through brain rot, manipulation, bots, psychometrics) that they’re less and less afraid of elections.
replies(1): >>45683705 #
91. jayd16 ◴[] No.45683466{3}[source]
I think the Clintons might take issue with who was weaponizing the justice department when. From Starr to Bengazi...

Like, do you truly believe Biden started this? What was the first act?

92. anon-3988 ◴[] No.45683479{5}[source]
The next time someone says "the other guy's not much better!" I am going to strangle and choke them.
replies(1): >>45689763 #
93. softwaredoug ◴[] No.45683485{3}[source]
I agree, I'm not sure it is surprising.

(there would be tremendous oversight if the GOP was in power in Congress, and the President was a Dem)

replies(1): >>45683580 #
94. mullingitover ◴[] No.45683510[source]
It's not just a structural advantage, it's a de facto suspension of the Constitution.

Political parties are in theory subordinate to the Constitution, but when the executors and interpreters of the law are first and foremost agents of a political party, and they refuse to be constrained by the Constitution, that's the ballgame. You have a self-coup.

What we are witnessing is the aftermath of the self-coup, the Constitution is just a polite fiction that must be given lip service to prevent the already massive protests from turning into an outright color revolution.

replies(2): >>45683781 #>>45683851 #
95. NoMoreNicksLeft ◴[] No.45683531{5}[source]
>but a growing number of younger democratic voters seem to identify his actions as tantamount to statutory rape,

I've picked up on that too. Which, in my opinion is strange... she was 22 or 23 wasn't she? We just have to wait another 2 generations, and those will think themselves still children at 35.

replies(1): >>45683790 #
96. Consultant32452 ◴[] No.45683533[source]
I don't see how anything has changed in a meaningful way. George Bush "tortured some folks" and Obama assassinated US citizens abroad. The status quo is literal evil and Trump is behaving in accordance with the status quo.
replies(1): >>45683553 #
97. parineum ◴[] No.45683540{6}[source]
The actual support that matters is people's approval of the people they can vote for, ie, their own senators and congresspeople, which people (unsurprisingly, since they were elected) have a positive approval rating of.

> By more than two-to-one (56% to 26%), Americans say their local elected officials are doing a good job.[0]

Executive power is unchecked because people approve of their representatives not checking executive power (when it's their executive in power).

You can certainly argue that it's a matter of scale and "this time it's different" but it's always different and executive overreach is ever increasing. Trump is setting expectations for the next president, no matter which party they come from.

[0]https://www.pewresearch.org/politics/2023/09/19/how-american...

98. zzzeek ◴[] No.45683551{3}[source]
a giant 147000 square mile space like Montana with 1.1 M people, 2.8% the size of California's population, gets 2 Senators regardless.

That is, the Senate gives representation to empty land.

That's pretty structural !

replies(3): >>45683841 #>>45683949 #>>45683965 #
99. dragonwriter ◴[] No.45683553[source]
If you don't see any distinctions beyond “there is some evil” vs. “there is no evil”, all of human history must seem to be a flat, undifferentiated blob to you.
replies(2): >>45683646 #>>45683764 #
100. galangalalgol ◴[] No.45683562{3}[source]
The difference is that uneven enforcement is the tool of autocrats. Ignoring the law breeds contempt for it. Madison said requiring a supermajority for normal legislation would poison democracy, and I think the modern usage filibuster has proven him correct. I hope the GOP ditches the whole thing, not just for continuing resolutions. The senate will no longer have any excuses for abdicating its responsibilities. Thrashing laws are a small price to pay. I do wish judicial appointments still required a supermajority.
replies(1): >>45683665 #
101. titzer ◴[] No.45683580{4}[source]
"oversight"

Like the Benghazi and Hunter Biden investigations. In other words, sideshows.

replies(1): >>45683659 #
102. mullingitover ◴[] No.45683587{5}[source]
Go back and read Washington's farewell address. There's a section in there that addresses factions, and it's like Washington had access to the headlines from last week when he wrote it.
replies(1): >>45683819 #
103. gigatexal ◴[] No.45683596[source]
A very, very bad place indeed.
104. tastyfreeze ◴[] No.45683610{6}[source]
Unfortunately taking over a dominant party was the easiest way to have a "different" party that could actually win. Both parties have built a mountain of obstacles to prevent a third party from ever getting close to challenging them.
replies(1): >>45686011 #
105. harrall ◴[] No.45683626[source]
Laws can’t fix this problem. The branches check each other but citizens are supposed to check the branches. “Can’t fix a non-engineering problem with engineering.”

But your average citizen is consuming news sources like Fox News that present a rosy picture. In their world, things are going well (and all problems are due to one party).

That’s why dysfunction in the branches can go so far. The basis of American governance, and probably any kind of governance to be honest, is vigilance. If everyone was fully informed on what was happening everyday and behind closed doors, everyone would vote differently.

Instead we vote based often on out-of-context bits that we hear, and surprisingly we all get completely sets of bits. The system — voting, checks and balances — is still solid but the input into it is not great.

The founding fathers did not anticipate the modern media world.

replies(3): >>45683727 #>>45683931 #>>45683978 #
106. alexashka ◴[] No.45683638[source]
It will always boil down to people.

This fantasy of free markets, laws, branches or anything else solving what Plato wrote about in The Republic thousands of years ago is pure folly.

If it is of any comfort - it's always been this way and it's not going to get any better :) We have technological progress, not progress in wisdom. People are better behaved because well fed humans behave better than hungry humans - everything else is as it's always been.

107. Consultant32452 ◴[] No.45683646{3}[source]
There's no moral equivalency between the US directly torturing prisoners of war/assassinating its own citizens and a website being taken down.
replies(1): >>45684647 #
108. afavour ◴[] No.45683656{6}[source]
Often distinguished as "little c" conservatism and "big C" Conservatives.
109. walkabout ◴[] No.45683659{5}[source]
One nice thing about pointless witch hunts that go nowhere despite enormous efforts is that you can be sure a much-quicker process ending with something like actual consequences would ensue if there were real criminality to investigate.

If all they can come up with is bullshit, things must be going ok, and if they’re committed to pursuing bullshit, odds are good they’d be thrilled to find something real to attack, if they could. Similar deal with Republican election complaints: if they don’t bother to investigate when they can, or find nothing substantial when they do, those concerns can be safely dismissed, which is nice.

110. rayiner ◴[] No.45683665{4}[source]
Picking and choosing which laws to enforce is baked into the concept of prosecutorial discretion. There is a reason the country’s prosecutor in chief is an elected position. It was understood to be a fundamentally political office even in Jefferson’s day: https://www.washingtonpost.com/opinions/2025/10/02/thomas-je...

I agree we should abolish the filibuster. It makes incremental changes difficult and fosters extremism.

replies(1): >>45684713 #
111. mongol ◴[] No.45683666{6}[source]
Is it really longer than the Catholic church?
replies(2): >>45683905 #>>45684096 #
112. sjsdaiuasgdia ◴[] No.45683689{6}[source]
The Republican party has not existed since 2016. It is the Trump party wearing the Republican party's tattered clothes.
replies(1): >>45684014 #
113. meowface ◴[] No.45683693[source]
He will very likely just pardon everyone on his last day.
114. rayiner ◴[] No.45683705{3}[source]
Who is “they?”
replies(2): >>45684031 #>>45684036 #
115. impossiblefork ◴[] No.45683714{4}[source]
or civil lawsuits.
replies(1): >>45684582 #
116. deathanatos ◴[] No.45683726{6}[source]
They're likely referencing that 2/3rds of voters either explicitly voted for Trump (≈31.9%), or implicitly support the result of the election by having not voted at all (≈35.9%). (https://en.wikipedia.org/wiki/2024_United_States_presidentia...)
117. notahacker ◴[] No.45683727[source]
The founding fathers lived in a world where the average citizen would have no idea what was going on in Washington. They just didn't expect it to be exploited quite so brazenly
replies(1): >>45683971 #
118. rrix2 ◴[] No.45683732{6}[source]
you're being downvoted, i suggest folks read up on the whiskey rebellion, the economic depression after the revolutionary war, the economic problems and internal strife caused by policies that Washington and the other federalists enacted to "strengthen the republic" in the years between the war and the constitution being ratified.

https://archive.org/details/tamingdemocracyt0000bout/

119. bmelton ◴[] No.45683737{4}[source]
If you assume that Biden had influence on the prosecution, then we should not forget that the original deal posed by the DOJ was for Hunter to plead guilty to two misdemeanor tax charges for which he would have received 2 years probation, and pre-trial diversion on the federal gun charges.

The judge threw this out, but those are pretty generous terms for what penultimately amounted to guilty charges on 6 felonies and 6 misdemeanors (before all charges were pardoned.)

120. JustExAWS ◴[] No.45683743{3}[source]
In the Senate at least outside of a few carve outs, you really need 60 Senators to get anything passed not just a majority. The only reason the ACA ever passed was during the brief window they had 60 Senators
121. yks ◴[] No.45683764{3}[source]
That's why the future looks so bleak. Republicans support absolutely any amount of crime and corruption, because "some" crime and corruption has happened under Democrats. Meanwhile half of the rest of Americans wouldn't support Democrats because "some" crime is infinitely worse than "no crime" in their view. Criminals enjoy an absolutely stunning structural advantage in this country.
replies(1): >>45683975 #
122. tastyfreeze ◴[] No.45683767{4}[source]
We already bastardized the senate by electing senators by popular vote. Senators are supposed to represent each states government, not the people of the state. As a single member of the union a state doesn't need more senators. Making ingredients the proportional to population just makes the senate another house. The people have the house. The cap of representatives has also been harmful to the voice of the people being heard. Representatives are the face for too many people for them to truly represent their constituents.
replies(1): >>45690067 #
123. munificent ◴[] No.45683774[source]
> there aren't really any laws constraining the executive branch.

Laws don't do things, people do.

It doesn't matter what's written down on paper if the people in power ignore it and the masses don't have enough organized collective power to prevent them from doing so.

124. jordanpg ◴[] No.45683781{3}[source]
This is often described in terms of adherence to democratic norms, but I like your framing better.

If we have to distill the problem down to its simplest essence, it's the political parties. In particular, it's the existence of the two political parties, whose priorities have transcended those of the Republic itself (mostly the members' self interest). It just so happens to be the Republicans in power when the consequences of this have spiraled out of control.

replies(2): >>45684037 #>>45685613 #
125. meowface ◴[] No.45683783{4}[source]
What we're seeing now isn't exactly the power of capitalist oligarchy but right-wing populist authoritarianism. They forge alliances with wealthy figures to achieve goals and engage in a corrupt patronage system like in an undeveloped country, but if this were a capitalist coup we would not be seeing anything like the absurd and illegal tariffs, brutal response to immigrants, etc.

I know leftists like to describe these sorts of phenomena (including Hitler's rise) as all part of the capitalist overlords' master plans, but that's not the most accurate description. Capitalists like Andreessen will cynically exploit it and hop on the bandwagon and benefit from it to the extent they can, but right-wing populist authoritarianism is its own beast, and they're just trying to position themselves as along for the ride rather than in its jaws. The regime is happy to reward capitalist loyalists and I do not deny there is a mutualism occurring, but it is more complex than a movement centered around capitalism.

126. nerdsniper ◴[] No.45683790{6}[source]
Rather than age differential, I think that view is primarily founded in the belief that the President's implied power over the career of their employee (a White House intern) makes it a particularly difficult choice to risk the ire of the President by refusing their advances.

I don't get the impression from talking with younger Democratic voters that they would generally be as concerned with issues of consent if it was a 22 year-old sex worker (where it's purely a transactional relationship) or 22-year old pop star (where their career isn't particularly threatened by the President's favor).

With a White House intern, there's a potential element of silent or implied coercion which puts into question whether enthusiastic consent was freely given. Similar to the national security risk - regardless if it was/wasn't, it also calls into question the President's judgment for why they would engage in such morally ambiguous behavior - it would also be fairly difficult for the President to even know themselves whether the intern is feeling coerced or not.

127. JKCalhoun ◴[] No.45683799[source]
We are, it appears now, a country of laws…uits.
replies(1): >>45684439 #
128. isodev ◴[] No.45683801[source]
Do you expect elections are still a viable option in this circumstance? It's beginning to sound like the results will be just set to a default, like the last presidential election in Russia: "78%+ for Putin/Trump".
129. AnIrishDuck ◴[] No.45683812{5}[source]
Not really, no. The founders were not omniscient, but many of them publicly wrote about the problematic rise of political "factions" contrary to the general interest: https://en.wikipedia.org/wiki/Federalist_No._10
130. walkabout ◴[] No.45683819{6}[source]
They fucked up the design if they didn’t want factions (yes, a common term at the time for what we call parties) and did so in a way that makes it nearly impossible to fix in practice.

The electoral college also never functioned the way it was supposed to, as in, broke almost immediately.

They also knew the Supreme Court was horrifyingly dangerous but their best answer was “uh, ignore them sometimes I guess?” Another couple sentences outlining a panel system instead of permanent Supreme Court members (which aren’t required by the constitution—the court is, fixed permanent members of it are not) could have done a lot to fix that flaw, though may have been impractical at the time due to travel and communication times before the train and telegraph.

It was an OK try for an early democratic constitutional state, but we really could have benefitted from a third attempt.

replies(1): >>45683944 #
131. revnode ◴[] No.45683841{4}[source]
Yeah, that's not how things work. Senate can't pass anything unless the House agrees and the House is representative of the population. Also, footnote, we've been structuring governments this way for thousands of years. Rome, etc.
replies(2): >>45683886 #>>45684056 #
132. riazrizvi ◴[] No.45683853[source]
The context of all US law is that it is the implementation of the will of the people. There is currently political will to shift focus in the military to effective fighting power, as opposed to progressive values. I think this is because the electorate recognizes that military threats around the world are getting worse.

Ukrainians will tell you now, you can’t have peace without strength. Europeans are also beginning to realize this due to American leadership, hence they have all (but one) doubled NATO funding limits this year.

133. atypicaluser ◴[] No.45683854[source]
> ...it turns out there aren't really any laws constraining the executive branch.

There are, but the executive for decades (centuries?) has ignored law inconvenient to its goals, and the legislative has generally shrugged it off, hoping their guy will do the same down the road.

One such restraint? Declaring war. Yet how often has this power been abused by the executive since World War 2? Korea anyone? Vietnam? Central America? The Middle East?

There's been a lot of hand-wringing in this thread about what Trump has done and is doing. Truth is, he's just the latest player in the game we've all participated in, and he's good at it.

To stop him, we'd have to change the rules of the game, as Congress did in 2017 with the Russia sanctions bill.[1] I just don't see that happening 'cause... we're all hoping our guy will do the same (as Trump) down the road.

[1] <https://en.wikipedia.org/wiki/Countering_America%27s_Adversa...>

134. avgDev ◴[] No.45683855{4}[source]
Or arrest them using ICE and make false claims. Or just make their life miserable and punish anyone who hires them.

In reality stuff like this feels like the beginning of an end.

I seriously don't know how anyone can look at what is happening right now and be okay with it.

135. wahnfrieden ◴[] No.45683886{5}[source]
The house is similarly disproportionate
replies(1): >>45684034 #
136. everdrive ◴[] No.45683891[source]
You're not wrong, but Congress has been broken for a long, long time. Congress really doesn't do anything except for agree (if they've got a majority with the president) or disagree (if they're in the minority against the president) with the current president. They don't really make laws, they don't hold anyone accountable, they don't fund the government. They don't govern at all, they just try to keep getting re-elected.
replies(2): >>45684174 #>>45684412 #
137. rayiner ◴[] No.45683905{7}[source]
Fair point.
138. vladms ◴[] No.45683910{6}[source]
True that most people don't care about who rules, but people do care of not living "much worse" than "before". That triggered a lot of revolutions before.

It does not look great, but I find risks mostly economical (not only in USA, everywhere) - if the situation will deteriorate even more abruptly (considering it already did a bit due to the pandemic "shock") then we will have a mess.

139. efitz ◴[] No.45683915{5}[source]
They absolutely saw it coming and warned against it, but couldn’t figure out any durable way to prevent it.
140. notahacker ◴[] No.45683916{4}[source]
You can win a majority of voters and lose an election, but that's not what happened. 77 million people voted for Trump, and it's not like he acted like a mild mannered constitutional conservative with a sensible reform package and turned into a vindictive, chaotic wannabe autocrat whose closest thing to a redeeming feature is is stupidity afterwards. The electoral college and gerrymandering may be ludicrous, but that's not why he won, and nor is lack of funds for opponents. The system of checks and balances isn't what they were cracked up to be, but the reason he's dismantling it is because when he telegraphed that he was going to do it the people of the land cheered him so loudly anyone else that wanted their votes stepped in line.
141. itsoktocry ◴[] No.45683931[source]
>But your average citizen is consuming news sources like Fox News that present a rosy picture. In their world, things are going well (and all problems are due to one party).

As usual, you see this as a "they are dumb" problem. Look within.

142. parineum ◴[] No.45683935{4}[source]
Escalation always happens.

The classified documents thing with Trump was a manufactured scandal, for example. Everyone in our government is mishandling classified documents because we have a massive over-classification problem, as seen by the lesser reported and covered subsequent finding of Biden having documents.

Only one of those events was associated with a televised raid (which the press was notified of beforehand so they could be sure to film it).

It was all theater.

It's the same with Trump's prosecution in NY, that case was ridiculous. One deed expanded into 37 misdemeanors that were escalated to a felony because they were committed in an effort to cover up an alleged felony. I say alleged because he was never convicted of the original crime but, conveniently, that's not a requirement of that escalation in NY law.

Ironically, both of those cases only increased Trump's support among non-Democrats (Republicans and, importantly, independents) because it was transparent.

Here's a quote for the NY AG that sued Trump.

> "We will use every area of the law to investigate President Trump and his business transactions and that of his family as well," [0]

That sounds an awful lot like she went looking for crimes of a person rather than finding who's responsible for crimes. And threatening his family as well.

[0]https://www.nbcnews.com/politics/donald-trump/incoming-new-y... as well,"

replies(1): >>45684698 #
143. kridsdale1 ◴[] No.45683942[source]
This is not a reply to your message, but I can’t help but dive in to this opportunity to be extremely pedantic.

Is the correct plural acronym here “IGs”, or “Is-G” (Inspectors General)?

144. mullingitover ◴[] No.45683944{7}[source]
The Supreme Court definitely suffers from 'not invented here' syndrome. There are vastly superior Supreme Court systems that other countries have implemented (Austria is a great example) where the US could just copy their homework, but won't.

The press really needs to start suffixing the justices with (R) and (D) when discussing them to drive the point home that the SC is the most partisan branch of government.

replies(2): >>45684077 #>>45684132 #
145. fsckboy ◴[] No.45683949{4}[source]
how does that favor one side?
replies(1): >>45684291 #
146. hrimfaxi ◴[] No.45683965{4}[source]
Vermont has fewer people than Montana. How does that impact your structural analysis?
replies(1): >>45684327 #
147. kelnos ◴[] No.45683971{3}[source]
The finding fathers also set up a system where most people could not vote, so that wasn't a big problem for them.
148. Consultant32452 ◴[] No.45683975{4}[source]
A website was taken down. This might technically violate some paperwork law, but the real problem is we don't actually prosecute war crimes/human rights violations. So what difference does it make if some website went down?
149. altcognito ◴[] No.45683978[source]
By design, the current administration moves as fast as it possibly can because it knows that the public will take time to catch up.

The key to countering is consistent pressure that does not relent to fix the mechanisms that are broken: (congress, the white house, the "deep state" side note: the deep state always existed, it was just a convenient shorthand for "the part of the US government that faithfully implements the laws as passed by congress". That portion has been gutted and replaced with sycophants, and it will now take time to undo it)

Things like the Supreme Court, term limits, election funding also need updating. We all need to do a better job reviewing the fundamentals of government.

replies(1): >>45684127 #
150. AndrewKemendo ◴[] No.45683980{4}[source]
Yet the people of the state continue to allow this state of affairs to persist

It’s either free and people are actively choosing this or they are not free and choosing comfort of slavery than risking death for freedom

151. jjk166 ◴[] No.45683981{3}[source]
Because the whole point of laws is that they are not merely the whims of whoever currently sits on the throne. They provide guidance to people as to what they can reasonably expect will and will not be permitted, and the obligations of various people to eachother. Laws need to be changeable, because the world changes, but that process is purposefully made somewhat difficult so that only worthwhile changes are made, so that the changes can be explicitly communicated, and those who make the changes can be both advised before and held accountable after.

If congress wants to see the laws changed, it has that power. Indeed, that's its entire reason for existing. The fact that it is not doing so, and instead ignoring laws on the books while leaving them there, is at best dereliction of duty, if not tacit acceptance that they don't actually have the votes to make those changes.

replies(1): >>45684258 #
152. drob518 ◴[] No.45683982[source]
Just a quibble, but we should only be impeaching Presidents for illegal acts, not mere opinions about job performance, which members of the opposite party will almost always disagree with. The remedy for doing a bad job is the ballot box.
replies(1): >>45684145 #
153. itsoktocry ◴[] No.45683995{5}[source]
>1) driving their campaign contributions to zero or 2) threatening to sic his mob on them.

What's so crazy about comments like this is they have an air of, "we are actually the good guys in the right, but the system works against us!"

You got out-voted.

replies(2): >>45684079 #>>45684222 #
154. altcognito ◴[] No.45684007[source]
It is interesting that our elections aren't really frequent enough. Other systems cleverly made it possible to immediately recall electors that have gone rogue or the citizens have no faith in.
155. walkabout ◴[] No.45684014{7}[source]
An enormous proportion of Republican voters were already Trumpers as early as the ‘90s, but didn’t have a candidate yet, so had to settle for “vote Republican to keep the democrats from doing all the bad things Rush says they will”.

Republican partisan-propaganda media after anti-trust de-fanging (mid ‘70s) and media deregulation (‘80s-‘00s) became huge, and cultivated an electorate that wanted Trump but had to settle for tepidly-socially-conservative neoliberal Republicans. Such voters would tell you all day long about how we should just build a border wall (or mine it…), cut trade and foreign military engagements (though those have some cross-aisle appeal), question why we extend civil rights and due process to [pick a group], tell you we should use the military against protesters in cities, wonder why anyone opposes cops beating suspects unless they love crime, and so on, and they’d tell you that stuff many years before Trump’s 2016 run.

replies(1): >>45684515 #
156. itsoktocry ◴[] No.45684017{3}[source]
>The obvious solution to this is to change everything structurally needed to ensure the other side never again takes control, which is clearly also in progress.

- Signed, the side that tried to throw a candidate in prison.

replies(2): >>45684106 #>>45684482 #
157. kranke155 ◴[] No.45684031{4}[source]
I assume multiple competing systems at this point. You have Team Jorge (and many others) in Israel, Robert Mercer’s rebranded SCL Group and offshoots, whatever Elon Musk has done to X (who he himself said he used to help Trump win). In Portugal there are bot armies and influence operations on every social network - Facebook and Reddit most of all.
158. revnode ◴[] No.45684034{6}[source]
How so?
replies(1): >>45684204 #
159. ssully ◴[] No.45684037{4}[source]
I think distilling in that far is missing the point that this is a republican and right wing issue. It doesn’t “just so happen” that republicans are in power while this is happening, they are the ones who are doing it.
160. kridsdale1 ◴[] No.45684036{4}[source]
A lot of the members of this very forum, honestly.
161. drob518 ◴[] No.45684042{5}[source]
The founders foresaw all manner of bad behavior. They understood human nature better than most today, and they experienced a lot of shocking political acts, everything from telling scurrilous lies about your opponent to outright buying votes. The only thing that might be new to them is the scale at which technology makes these things possible. Read up on the history of early campaigns.
162. the_gastropod ◴[] No.45684056{5}[source]
The Senate heavily favors rural voters. The House is supposed to be representative, but favors rural voters thanks to gerrymandering and the cap on congressional representatives (Nebraska should have less than 1 rep in a truly representative institution, for example). Then you’ve got the presidency itself, where the electoral college favors rural voters. And the courts, which reflect the will of the president in cooperation with the senate, so also heavily biased toward rural voters.

There’s a reason the U.S. is the only modern democracy with a system like this. Almost any other country you’re likely to want to live in has a parliamentary system.

replies(1): >>45684879 #
163. mastax ◴[] No.45684070{4}[source]
Up to 2025 they maintained a reasonable facade of impartiality. During Trump's first term they told him no a lot.
164. Analemma_ ◴[] No.45684071{4}[source]
Even before Trump, the US had a standing policy of threatening severe retaliation against anyone who tries to enforce international law against US citizens-- this isn't just an informal policy, it's a specific law passed by Congress. And the scope has only gotten broader since then.

The whole concept of "international law" is polite fiction anyway, the reality has always been "the strong do what they can, the weak endure what they must".

165. jjk166 ◴[] No.45684072[source]
Trump was impeached twice.
166. kridsdale1 ◴[] No.45684077{8}[source]
Put a ($R!) after Thomas.
replies(1): >>45685549 #
167. onethought ◴[] No.45684079{6}[source]
If you flicked the switch and made voting mandatory. Then you'd find the extreme views on both sides would vanish as everyone would rush to please the middle (the VAST majority of the population).

You can't make statements like "you got out voted" when you actually mean "a few more people from your side turned out and voted, but actually likely the majority of the population doesn't agree with you".

You could argue that apathy is a vote in and of itself, but then you aren't a representative democracy.

168. kridsdale1 ◴[] No.45684096{7}[source]
Along this line of thinking, surely there’s an unbroken administrative / bureaucratic tradition running China that spans multiple royal dynasties and perhaps even the recent ideological upheaval. Can we call that an enduring government?
169. butlike ◴[] No.45684104[source]
SCOTUS lifelong appointments checking in to say "hi"
replies(1): >>45684200 #
170. baggachipz ◴[] No.45684106{4}[source]
A convicted felon. Candidacy shouldn't be part of the equation.
171. jorblumesea ◴[] No.45684127{3}[source]
Bold of you to assume the public will ever catch up or care in the world of relentless algos and propagandizing. Tariffs have been in place for months now, which is objectively a regressive self imposed tax on US citizens.
172. hrimfaxi ◴[] No.45684132{8}[source]
Austria's system was created in the mid 1700s and would have been relatively new at the time of the founding. Was Austria's system clearly vastly superior at the turn of the 19th century?
replies(1): >>45684600 #
173. klaff ◴[] No.45684145{3}[source]
Well that horse left the barn a long time ago - the list of blatantly illegal things is now so long that new ones (like murdering people in boats by remote control) just fly on by.
replies(1): >>45684464 #
174. mulmen ◴[] No.45684174{3}[source]
This isn’t true though. Lots of legislation has been passed. Government shutdowns have become common but they’re not universal. Your absolutist take is observably false. It is worth looking deeper at who the obstructionists in congress actually are. A minority of bad actors can cause immense harm.
175. shadowgovt ◴[] No.45684184{5}[source]
They did. The back-stop is Congress being brave enough to call the bluff and supporting each other as an institution, across party lines.

The founders didn't foresee Congress being this cowardly. Probably because a lot of them had fought in a war together.

176. Hikikomori ◴[] No.45684189[source]
Pretty large chance that the next election will be meaningless though.
177. AndrewKemendo ◴[] No.45684191{4}[source]
George Carlin said it best:

“Well, where do people think these politicians come from? They don't fall out of the sky. They don't pass through a membrane from another reality. They come from American parents and American families, American homes, American schools, American churches, American businesses and American universities, and they are elected by American citizens. This is the best we can do folks. This is what we have to offer. It's what our system produces: Garbage in, garbage out. If you have selfish, ignorant citizens, you're going to get selfish, ignorant leaders. Term limits ain't going to do any good; you're just going to end up with a brand new bunch of selfish, ignorant Americans. So, maybe, maybe, maybe, it's not the politicians who suck. Maybe something else sucks around here... like, the public. Yeah, the public sucks. There's a nice campaign slogan for somebody: 'The Public Sucks. F*ck Hope.’”

https://www.goodreads.com/quotes/78321-now-there-s-one-thing...

Video version: https://youtu.be/rVXekzwkz10?si=90VqlzOLiUS_7yFx

178. positus ◴[] No.45684200{3}[source]
SCOTUS has life-long appointments because it is designed to move and operate slowly and be the least political of the branches. Parties that try to legislate from the bench when they cannot successfully get something through Congress are the issue.
replies(1): >>45691247 #
179. the_gastropod ◴[] No.45684204{7}[source]
The House is not as skewed as the Senate. But it still has a "rural" bias through two mechanisms: 1. gerrymandering, and 2. the 435 cap on the number of representatives.

Both parties do gerrymander. But there are more "red" states than blue, so it systemically favors one party.

The cap on reps also skews things. Nebraska, Wyoming, Alaska, and Vermont all have less than 1/435th of the U.S. population, so they're over-represented in the House. That over-representation comes at the expense of big states like California being under-represented.

You can see this effect by looking at the popular vote vs the representation in The House. In the 2016 election, Trump won the election with just 46.1% of the popular vote. Republicans maintained control of The House with 55.4% control. In the 2020 election, Joe Biden won 51.3% of the popular vote. And Democrats gained control with slightly less than that, 51.03% of The House. In the 2024 election, Trump won 49.81% of the popular vote, Republicans won 50.8% of seats in The House.

180. shadowgovt ◴[] No.45684222{6}[source]
The President is currently rocking about a 39% approval rating and 56% disapproval.

The numbers suggest that he is not doing what the electorate elected him to do, in general.

(In addition, the Legislature and Executive are designed and intended to be functionally independent, and regardless of the preference the electorate expressed via simple majority, to the extent that independence is threatened by executive action, it's unconstitutional. The President doesn't have a mandate to interfere with that indepdendence for the same reason his election didn't give him a mandate to institute non-carceral slavery).

181. rayiner ◴[] No.45684258{4}[source]
> Because the whole point of laws is that they are not merely the whims of whoever currently sits on the throne.

That views laws as self-executing abstractions, which they are not. Laws necessarily are enforced by people. For that reason, in the U.S., law enforcement is typically assigned to elected officers and their delegates. From the beginning of the republic, enforcement of federal law has been a political activity: https://www.bu.edu/bulawreview/files/2017/04/MARKOWITZ.pdf

“While there was no direct conversation about the general power of prosecutorial discretion in the record of the framing of the Constitution, prosecutorial discretion was an uncontroversial power of the President from the start. President George Washington personally directed that numerous criminal and civil prosecutions be initiated and that others be halted. It has been observed that President Washington’s control over ‘prosecutions was wide- ranging, largely uncontested by Congress, and acknowledged—even expected—by the Supreme Court.’ In the earliest days of the Union, future Chief Justice John Marshall had the opportunity to opine on the nature of the President’s prosecutorial discretion authority in discussing the decision of the President to interrupt a prosecution of an individual accused of murder on board a British vessel and to instead deliver that person to British authorities. On the floor of Congress, then-Representative Marshall described the President’s prosecutorial discretion power as ‘an indubitable and a Constitutional power’ which permitted him alone to determine the ‘will of the nation’ in making decisions about when to pursue and when to forego prosecutions.”

replies(1): >>45686973 #
182. deathanatos ◴[] No.45684260[source]
You should look at what gerrymandering has done / is doing. For example, the entire city of Nashville, TN, has been utterly and obviously gerrymandered out of existence, and the city has no representation in the House. (They used to be TN's 5th.)

This of course does not apply to Presidential elections. The President has multiple times indicated disdain for elections, his party has used "third term and beyond", his supporters have openly floated the idea of repealing the 22A, he's called himself "king" and "dictator".

The VRA is quite literally before SCOTUS right now.

> or, as a last resort, impeachment

"a servile congress" — they understand impeachment. If an attempted coup doesn't get impeachment, nothing will. Regardless, the GOP is going along with the president, so impeachment isn't something that's going to happen.

replies(1): >>45684951 #
183. zzzeek ◴[] No.45684291{5}[source]
there's a very basic reason, you really don't know what it could be?
184. the_gastropod ◴[] No.45684327{5}[source]
The 5 smallest states by population are:

- Wyoming

- Vermont

- Alaska

- North Dakota

- South Dakota

4 of these 5 are consistently "red". 1 is consistently "blue".

The 5 largest states by population are:

- California

- Texas

- Florida

- New York

- Illinois

3 of these are consistently "blue". 1 is consistently "red", and 1 is "purple" (though appears to be skewing "red" in the most recent elections)

replies(2): >>45685177 #>>45685202 #
185. kevin_thibedeau ◴[] No.45684412{3}[source]
They have subpoena power and a jail. They just refuse to exact accountability unless you're something critically important like a baseball player.
186. actionfromafar ◴[] No.45684439{3}[source]
We have that, for now.

The talking heads on Fox have started to prepare us for a country without judges and lawsuits. Or at least without any Democratic judges.

187. rayiner ◴[] No.45684464{4}[source]
That’s a category error. “Murder” is a concept of domestic criminal law. It doesn’t apply to state actions against foreigners in international waters. For the same reason it’s not “murder” for the U.S. to drone strike middle eastern weddings or to nuke foreign cities.

Most people do not believe in the religion of humanist universalism.

188. jarofghosts ◴[] No.45684482{4}[source]
Prison is typically where felons go, yes.
189. sjsdaiuasgdia ◴[] No.45684515{8}[source]
Yes, the deplorables were always there. There used to be a handful of adults in the room as well.
190. watwut ◴[] No.45684572{6}[source]
I am saying that these are real conservative values. It is not true that these would be just something conservative party does while claiming to believe something else. Instead, if you read what conservative people write and say, in journals, books, talk shows, anywhere ... this is exactly what they believe in.
replies(1): >>45692302 #
191. nradov ◴[] No.45684582{5}[source]
Individual federal government employees are generally immune from civil liability for all official acts, even if those acts were illegal.
192. mullingitover ◴[] No.45684600{9}[source]
Their separate constitutional court didn't come along until the 20th century[1]. They have 14 justices on that court, but only a maximum of 9 will ever hear a case for precedent-setting decisions, and usually fewer than that (making court packing difficult if not completely pointless).

They have always done what the US should do: keep the votes on a judgment private, so opinions speak for the court as a whole, and they don't let the losers have a soapbox by publishing dissents.

As a cherry on top, they enforce a mandatory retirement age of 70.

These factors make their court an actually apolitical body in a way that's in hilariously stark contrat to the US court. The US court is what you'd make if your entire goal was to turn all its judgments into political theatre.

[1] https://en.wikipedia.org/wiki/Constitutional_Court_(Austria)

193. ◴[] No.45684647{4}[source]
194. throw0101c ◴[] No.45684698{5}[source]
> The classified documents thing with Trump was a manufactured scandal, for example.

It was not. Trump was asked for months to return the documents.

He purposefully had staff to move documents onto his private jet and moved them around his various properties. He stored boxes and boxes, not just a few file folders, in random bathrooms.

Yes, plenty of folks may mishandle stuff, but many folks try to fix their errors when they're pointed out. Trump ignored the requests and continued doing things consciously even when notified.

replies(1): >>45685757 #
195. estearum ◴[] No.45684713{5}[source]
That’s not true.

Prosecutorial discretion exists because the executive can always say they’re just prioritizing their limited resources.

They absolutely ARE NOT allowed to just say “I’m not enforcing this because I disagree with the law.”

They also absolutely ARE NOT allowed to say “I’m enforcing a specific law against Party X but not against Party Y because I’m exercising discretion and I just like X.” That’s why dismissal for selective or vindictive prosecution exists.

In principle, the Constitution is quite clear: the President SHALL take care that the laws be faithfully executed…

replies(1): >>45684881 #
196. spookie ◴[] No.45684879{6}[source]
If you go that route Nebraska will lag ever more behind other states given they don't get to have any political power.

Look, I'm just someone from the other side of the pond. This is what happens: when you have no substantial representation for the country side your political system rewards centralisation, rural areas will stagnate, leading to less people there. A cycle that fuels itself.

As someone that has had to live through this I can assure you that those feeding the country should be given proper representation. Not doing so favours huge metropolies, rises urban house prices, prevents proper traffic flow, increases crime rate, etc...

Of course no system is perfect but a middle ground is preferable in my view.

replies(1): >>45685091 #
197. rayiner ◴[] No.45684881{6}[source]
> They absolutely ARE NOT allowed to just say “I’m not enforcing this because I disagree with the law.”

Prosecutors are allowed to do that and do so all the time: https://www.aei.org/articles/viewpoint-on-not-enforcing-the-... (“Indeed, the ability of prosecutors to pick and choose among offenses is part of the constitutional structure of our government, as the Supreme Court has held too many times to recount. President Jefferson refused to enforce the Alien and Sedition Acts because he was convinced that they were unjust, and unconstitutional to boot. (In 1964 the Supreme Court vindicated him.) President Carter pardoned most selective service violators and halted further prosecutions. President Johnson’s Antitrust Division published antitrust guidelines that proclaimed a policy of not bringing suit against small mergers, even though the Supreme Court had held repeatedly that similar mergers were unlawful. Many state and local governments decline to prosecute small drug offenses, saving resources for bigger game.”).

replies(1): >>45685218 #
198. rayiner ◴[] No.45684951{3}[source]
> You should look at what gerrymandering has done / is doing.

What has it done? In 2024, Republicans got 50.5% of the seats and 51.3% of the two-party Congressional popular vote. The delta between a party’s share of the popular vote and its share of House seats is much smaller since 2000 than it was for most of the 20th century: https://upload.wikimedia.org/wikipedia/commons/thumb/e/e6/Po...

> The VRA is quite literally before SCOTUS right now

The VRA requires racially discriminatory gerrymandering and is probably unconstitutional in that respect. The VRA is the product of an era where white democrats would discriminate against black democrats even though they shared a party. Today, gerrymandering is based on political party, not race. If black people voted 80% republican, red states would happily gerrymander out affluent college-educated whites in their favor.

199. Supermancho ◴[] No.45684988{5}[source]
This is the painful period of time where the US would have to collectively realize they are missing controls on the branches, in the form of amendments. Unfortunately, it looks like the people are lazy. They rather lose the union, before agreeing there really is a problem to be solved. Otherwise, there's no way to know there's a problem.

Modern crisis planning in action. Wait till the fuel is on fire, before putting out the fire, assessing the loss and assigning blame.

replies(1): >>45685432 #
200. the_gastropod ◴[] No.45685091{7}[source]
With all due respect, being "from the other side of the pond", I don't think you understand the U.S. well enough to be commenting. For example, California is both the largest producer of food in the U.S., and the state being most significantly under-represented in all three branches of government.

The U.S. is also, easily, the most volatile (extreme partisanship) country of comparable rich, democratic nations. The system we have is pretty unique in its attempts to bend-over backwards to boost rural voters' importance, and we're worse off in virtually every "bad thing" you mention than countries that don't do this.

Centralization? Our president is independently murdering people in the carribbean, demolishing an entire wing of Whitehouse to build himself a new ballroom, independently changing funding (i.e. has hijacked the power of the purse from Congress), is independently sending in the U.S. military into states run by his political opponents against their will, pardoning violent criminals who supported him (one of whom was caught plotting to murder the House Minority Leader, Hakeem Jeffries), etc.

Rural areas will stagnate / people will move away? Dawg. That's already been happening despite the political concessions they've been given. That ain't the problem.

Urban house prices skyrocketing? Happening. NYC is among the least affordable major cities on the planet.

Crime rate? Generally highest in the places where we give disproportionate political sway to.

Are you suggesting the 66x more representation Wyomingers get over Californians in the Senate isn't enough? Is the ~3.5x more voting power they get in presidential elections not enough? What is a fair "middle ground" in your estimation? Because it feels extraordinarily unfair in the exact opposite direction, to me.

(Editing to add): It's also worth pointing out that this delta in voting power is much more extreme today than it was when this system was designed. In the 1800 census, the most populous state, Virginia, had 885,000 people, around 15x more than Delaware, the least populous state. Today, California has 67x the population of Wyoming.

replies(1): >>45689117 #
201. ◴[] No.45685177{6}[source]
202. ◴[] No.45685202{6}[source]
203. estearum ◴[] No.45685218{7}[source]
Did you read the article you posted? The entire thing is about allocation of finite resources. You can read the original Antitrust enforcement policy and see that it lays out a system of prioritization which (surprise surprise), prioritizes larger monopolization efforts over smaller ones.

It does not say "we don't think small companies can behave monopolistically so we aren't enforcing the law on them."

President Jefferson did not come out and say he's not enforcing ASA because he disagreed with them. Instead, he (secretly) wrote a memo against them as VP, then as President let them expire and pardoned everyone convicted under them.

I will reiterate the plain language of the United States Constitution: [the President] SHALL take care that the laws be faithfully executed.

SHALL does not mean MAY or AT HIS DISCRETION or any such thing.

replies(1): >>45689615 #
204. yieldcrv ◴[] No.45685432{6}[source]
currently impossible as the people that can actually bridge consensus are vilified as not being aligned to a party or excusing the actions of a particular party solely by not adding power to the other party

partisans are loud but they are not winning friends and influencing people, the parties are only losing supporters, it just takes more people to realize that they aren't alone as independents are the largest bloc now but have no representation to notice

reminder for anyone passing by, everyone knows how the parties are different, it is still valid to be more annoyed by the ways they are the same

205. walkabout ◴[] No.45685549{9}[source]
It's kind of incredible the news is so crowded with insanity that "minimum two justices are simply taking huge bribes more-or-less openly, and as many as all nine are doing some things that are at least ethically iffy" didn't have much staying power, as a story.
206. ModernMech ◴[] No.45685613{4}[source]
The essence of the problem is not political parties, we've had them for hundreds of years and nothing this bad has happened. The actual simplest essence of this problem is malignant narcissism and cult-like behavior embedded in political parties.

Donald Trump is an actual cult leader (Jim Jones was also a malignant narcissist), MAGA is an actual cult (not just a cult of personality), and they are also ostensibly but not actually a political party. Insofar as a two party system isn't ideal, it at least provides a level of stability. But when one of the two parties is an actual cult, then the whole thing falls over. Parties must not be cults. That's the root of our current predicament.

> It just so happens

This didn't just "happen", it was predicted far in advance, and not on the basis of parties but on the basis of antisocial personality disorders. For instance:

https://medium.com/@Elamika/the-unbearable-lightness-of-bein... and https://medium.com/@Elamika/tyranny-as-a-triumph-of-narcissi...

  If we as a species are to flourish and prosper, we need to understand that our urgent and necessary task is transcending and dismantling of our narcissism, both individual and collective.
Note the date, May 13, 2016 to 2018. Her body of work from that time predicts with extreme prescience what has come to pass. Thinking back to when she made these predictions, people called her crazy, alarmist, unprofessional, all ignored her warnings. And yet, she turned out to be 100% right, even predicting the insurrection years before J6. Even as Trump was calling for a mob to descend on Congress days before J6, people refused to believe it would happen. Yet she got it right just by being lucid about who Trump is at his core.

How did she do it? She used her professional experience to recognize Trump as a malignant narcissist, and her lived experience as a Polish national who watched the rise of authoritarianism in her country to put 2 + 2 together.

So it wasn't something that "just happened" as if it was only a matter of time before Democrats act this way. There are precise reagents needed to make it happen. Political parties are necessary but not sufficient. The cult leader is the necessary ingredient that was missing. People who knew what to look for recognized it early, called it out, predicted this would happen, and they were ignored.

We can't rewrite that history now, we have to learn the lessons we missed. "It just so happens to be the Republicans in power when the consequences of this have spiraled out of control" is not the lesson. "A two party system where one of the parties turns into an actual cult destabilizes completely" is the lesson.

replies(1): >>45688351 #
207. ahmeneeroe-v2 ◴[] No.45685683{6}[source]
They assisted in the NY AG's prosecution.
208. ahmeneeroe-v2 ◴[] No.45685757{6}[source]
So the televised raid? Is that normal operating procedure for the DOJ? Did that happen with Biden's classified docs?
replies(1): >>45686239 #
209. ahmeneeroe-v2 ◴[] No.45685772{4}[source]
No. If you don't use a weapon that your enemy will use, you will lose. It's a matter of survival.
replies(1): >>45687234 #
210. blurbleblurble ◴[] No.45685871[source]
Curious about the downvotes, I'm interested in hearing peoples' negative reaction to this law?
211. ModernMech ◴[] No.45686011{7}[source]
I wonder, then is there a path to getting what you want by making the parties more democratic rather than making more parties?
replies(2): >>45688802 #>>45690480 #
212. throw0101c ◴[] No.45686239{7}[source]
> So the televised raid? Is that normal operating procedure for the DOJ? Did that happen with Biden's classified docs?

It is normal for news trucks to show up once a news event has been learned of.

And yes, the same thing happened with Biden: news broke, and footage was recorded:

* https://abcnews.go.com/WNT/video/fbi-search-biden-vacation-h...

replies(1): >>45695494 #
213. jjk166 ◴[] No.45686973{5}[source]
> That views laws as self-executing abstractions, which they are not. Laws necessarily are enforced by people.

No it doesn't. The laws are statements of what people in power will do under particular circumstances. This view only makes sense if people are executing the laws. The moment you stop executing the laws, suddenly you don't have laws.

Prosecutorial discretion is another beast entirely. Considering circumstances on a case by case basis is necessary for functional justice, as lawmakers can not possibly foresee all circumstances and even if they could the enforcers of laws have practical limits. A cop letting you off with a warning for speeding is discretion. It is not permission for you or anyone else to ignore the speed limit in the future. The law is still there, and you should expect to suffer the consequences if you break it.

We don't need laws when they ask us to do something we'd want to do anyways. Laws exist for the sole purpose of getting people to do the things they would rather not do, or to prevent them from doing things they would prefer to do. If the law can be violated when it is convenient for the lawmaker, you do not live in a nation of laws.

214. margalabargala ◴[] No.45687234{5}[source]
Setting aside the ludicrous idea that something is a "matter of survival" for the party currently controlling every single branch of the US government, what you said is still wrong and just an excuse for weak leadership.

Following that thought path literally anywhere just leads to the party in question being actively worse than the thing they claim to fight against.

A competent leader would see something abusable, an opportunity for corruption, and take steps to prevent its abuse.

Weak, corrupt leadership sees an opportunity for corruption and says "$core! They did it fir$t!". And that's how we lose. All of us I mean.

215. actionfromafar ◴[] No.45688351{5}[source]
People still refuse to believe J6 happened. They instead Trump got 1 trillion dollars from Qatar. That fictional version of reality is much nicer, of course.
216. tastyfreeze ◴[] No.45688802{8}[source]
I find it best to view parties like any other faction or gang. They don't want challengers to their current power. Primaries are supposed to be the democratic way to steer a party but we've seen how that goes. They aren't going to change unless it is from within. So,remove all obstacles to being on the ballot and let the existing parties whine about it when they start to lose.
217. SanjayMehta ◴[] No.45688880{5}[source]
Sukarno was Indonesian.
218. spookie ◴[] No.45689117{8}[source]
I fear you misunderstood me.

I am but stating the dark side of equal voting power when you elect representatives per "region" dictated by the population they have. It is meant to be a warning, something to bear in mind when you do attempt to change the system you have.

I am not arguing in favour of what you have right now, hence the middle ground point at the end.

Regardless, my understanding of the US is not important. What is important in my comment is my understanding of what you don't do, and potential footguns.

A good middle ground would be to still have it entirely dictated by population (I understand this seems contradictory but hang on). But, in order to prevent votes from low population regions from being useless, your system uses "preferential voting". Most other countries do not do this, hence my previous comment. The key here is that at a national level, politicians still need to value less populated regions, because at least a percentage of their votes came from someone who voted in an order that still got them a seat (even though they weren't the top pick). Given rural regions have less seats to vote for, this vote would likely come from someone from the country side.

This solution however is only important when you do have more than 2 parties. If you don't do this, having more than 2 parties would be moot in these regions, because they need to vote strategically if they want representation. And 90% of the time that means your vote is limited to only one of the top 2 parties (as perceived by national polls before voting day). This is yet another dark side of the system my country does have, it incentivizes the status quo to prevail, even when your current leaders are a bunch of corrupt fellas.

219. rayiner ◴[] No.45689615{8}[source]
> President Jefferson did not come out and say he's not enforcing ASA because he disagreed with them. Instead, he (secretly) wrote a memo against them as VP, then as President let them expire and pardoned everyone convicted under them.

He didn’t enforce the ASA because he disagreed with it, just like Jimmy Carter didn’t prosecute people for selective service violations because he disagreed with it. It wasn’t because the resources weren’t available to enforce those laws.

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220. cheema33 ◴[] No.45689763{6}[source]
Same. No leader will be perfect. We always have to pick between the lesser of two evils. Trump is at level 10. And people were like Oh but Kamala has faults too.

MAGA have screwed the country and themselves. Farmers who voted for Trump are realizing this now. The rest will find out soon when the shit hits the fan in a big way.

221. estearum ◴[] No.45689778{9}[source]
You actually can’t know what their motivations were — which is the point.

For example, if Congress had appropriated funds specifically for doing those things, the executive would be obligated to do them, because it’d be unambiguous as to whether resources existed to do them.

This is again an absolutely unambiguous consequence of Congress’s Constitutional control of spending and of the Take Care Clause.

What you are describing is effectively a line-item veto, which doesn’t exist in the US.

So far all the evidence you’ve posted is actually evidence of my argument, not yours.

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222. jkestner ◴[] No.45690067{5}[source]
Well, yes, the senate is useless. It was useful to check the South’s power in the Great Conpromise, but now the most deliberative body is not needed when the House can slow things down all by itself. Unicameral works for me.

Representatives would be more representative if not for gerrymandering.

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223. SanjayMehta ◴[] No.45690128{6}[source]
You might be talking about lawfare, I'm pointing out how your media carries water for one side covering up petty vendettas against Trump by the Biden regime, all the way to suppressing blatant acts of terrorism against an ally - sorry vassal state - Germany.

Read something other than NYT.

224. cco ◴[] No.45690195[source]
Turns out that separation of powers was incorrect. Each branch needs its own enforcement arm and our plan of having the Executive carry out the law instead of just enforcing the law was a bad idea.
replies(2): >>45691227 #>>45696087 #
225. theptip ◴[] No.45690464{6}[source]
It’s not a good safety valve though - sure, in a 2-party system, one of the parties can be taken over from within. But it’s uncommon and hard to achieve, and risks alienating voters while the civil war is going on.

On the other hand, with IRV or preference voting, second parties can form without spoiling the vote for their ideologically most aligned alternatives. This allows for a much more seamless shift.

Really in the US there should be at least 4 parties formed from the corpses of the big two, if not more.

226. ◴[] No.45690480{8}[source]
227. rayiner ◴[] No.45690651{10}[source]
> You actually can’t know what their motivations were — which is the point.

But we know the motivation because Jefferson wrote it down. It wasn’t resource management, it was opposition to the law on principle.

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228. tdeck ◴[] No.45691227{3}[source]
The limit to separation of powers is that many people will align themselves with the most powerful existing entity as the easiest path to self advancement, and this results in a natural consolidation of power even when that consolidation is outside the formal hierarchy. So once an entity or institution becomes too powerful, it tends to just reinforce itself.
229. tdeck ◴[] No.45691247{4}[source]
I seem to remember that the civil rights act and voting rights acts got passed through congress and upheld by the supreme court during the 20th century.
replies(1): >>45696059 #
230. dagss ◴[] No.45692302{7}[source]
It may be my European context / political definitions, but at least around here the word "conservative" would include vigorously defending the rule of law and courts (along with property rights and so on).

E.g., letting people who attacked police officers on Jan 6 out of prison is about as anti-conservative as you get.

I was trying to point out that conservative as a political philosophy != whatever Fox news preaches this month, but perhaps the word is used differently in the US..

Anyway point is, I'm sure the post you responded to used the word conservative more in the way I'm used to (European way?), thus your cross-talk.

replies(1): >>45698257 #
231. estearum ◴[] No.45694264{11}[source]
Why can't you find a record of him publicly saying so? If it's just an established check and balance in our system, why can't you produce evidence of him saying "I'm not enforcing this law because I disagree with it" in any forum in which he could be held accountable (or not accountable, per your theory) for that decision?

Here's why: because it's not!

Here's SCOTUS in Kendall v United States:

> To contend that the obligations imposed on the President to see the laws faithfully executed implies a power to forbid their execution is a novel construction of the Constitution, and is entirely inadmissible.

> "This doctrine cannot receive the sanction of this Court. It would be vesting in the President a dispensing power which has no countenance for its support in any part of the Constitution, and is asserting a principle which, if carried out in its results to all cases falling within it, would be clothing the President with a power to control the legislation of Congress and paralyze the administration of justice."

> The result of the cases of McIntire v. Wood and McCluny v. Silliman clearly is that the [court's authority to command an officer of the United States] to perform a specific act required by a law of the United States is within the scope of the judicial powers of the United States under the Constitution"

232. ahmeneeroe-v2 ◴[] No.45695494{8}[source]
This is not a serious response. The raid was intentionally leaked in order to maximize news coverage.
replies(1): >>45695593 #
233. ◴[] No.45695593{9}[source]
234. ◴[] No.45696059{5}[source]
235. rayiner ◴[] No.45696087{3}[source]
No, because then you’re just centralizing power in the hands of a specific group of people—Ivy League law school graduates—that have distinctive cultural and class interests. Maybe you think that’s a good idea today. But in the mid-20th century these institutions were the bastion of WASPs, long after that group lost electoral control of the country due to immigration. (Watch the movie The Good Shepherd.) Your system would’ve given the FBI/CIA/DOJ powerful tools to destroy the presidencies of FDR and JFK. There’s a reason the conspiracy theory exists that the CIA assassinated the first catholic president.

The founders were right that nobody can be trusted to neutrally enforce “the law.” If you could trust Harvard graduates as a class to do that, there would be no reason for checks and balances or separation of powers.

replies(1): >>45697942 #
236. cco ◴[] No.45697942{4}[source]
> The founders were right that nobody can be trusted to neutrally enforce “the law.”

Well my point is two-fold. First, what you say here is my point, all branches need an _enforcement_ arm. Today Congress has the Sergeant at Arms and courts have bailiffs and may deputize members of the Executive Branch.

However that's clearly inadequate in the face of the Executive's current balance of power. A rebalancing is necessary imo.

Could that result in a Roman-esque problem of the three branches having "tug of wars" with each other's law enforcement arm, but I don't think so. We have this problem today with the dozens of law enforcement organizations within the Executive...which brings me to my second point!

My second point is that carrying out the law in the Executive was clearly the wrong choice. The Legislative branch should actually carry out the law, i.e. USPS should live under a committee in Congress, and mail fraud would continue to be prosecuted by the Executive.

I'll caveat that I'm had waiving a lot here, but I hope we can all agree at least on the problem statement; too much power has concentrated in the Executive and _drastic_ measures would be required to resolve that situation.

237. watwut ◴[] No.45698257{8}[source]
> t least around here the word "conservative" would include vigorously defending the rule of law and courts (along with property rights and so on).

When exactly was that last time? Note that rule of law would include demands that police follows the law too. As far as I can tell, it was never rule of law in the sense of "everyone must follow the law". It was "people we dont like must follow the law and we will max punishments for them".

> letting people who attacked police officers on Jan 6 out of prison is about as anti-conservative as you get.

Only because this time, police was standing against what conservatives wanted. When it was helping them, yes, it was different.

238. tastyfreeze ◴[] No.45699079{6}[source]
It doesn't for me. That is an acceptance that we are a single federal government and the states are nothing more than administrative units of that federal government. For states to remain as sovereign entities that have collectively created the federal government the entity of the state must have representation at the federal level.

As for returning back to the original state appointment of senators, that is required for the senate to appropriately represent the state government at the federal level.

The original house apportionment had representatives that had about 35000 people. The size of the house was locked at 435 in 1913. Before then the number of representatives grew slower than population but still grew. After the last 2020 census there are 761,000 people per representative. The unevenness of how many constituents a representative from Wyoming has vs a representative from California has is a point of contention in higher population states. The complaint is that the representatives from smaller states have more proportional power. I think that is a bit ridiculous but that is what some Californian's told me. Increasing the size of the house to have a more proportional representation would alleviate that point of contention between states.

Gerrymandering is a side effect of not increasing the size of the house.