This is what is so hard for me to handle, and it really feels like I'm grieving a death. Because no matter what happens, even if some things eventually get better, I feel like the US as I knew it is dead - there is simply no coming back from the fact that it's been laid bare how quickly and easily vast swaths of our political leadership would sell out to completely destroy our Constitutional principles.
I had to laugh when I read a title on the Washington Post today, "President Trump faced a wall of opposition from Senate G.O.P. lawmakers, in part over his plan to create a $1.8 billion fund to reward his allies", with of all people Susan Collins in the header image. Lol, I'm sure she'll release a statement saying how she's "very concerned" and end up doing nothing anyway.
But not all is lost. Many are very eager for the reins of power to come back and for laws to be enforced. Sure, the Trump regime may tell itself that it's immune from tax audits ever again, but that's not legal and as soon as the force of law is back there are many eager attorneys with high principles that will be hired back into the DoJ and enforce the law.
We saw this after Nixon's lawlessness too. Those who abetted Nixon in breaking the law were disbarred.
Prosecutions will come. Trumps's key mistake is thinking that his popularity doesn't matter anymore. It does. It means that people with morals and ethics can legally gain power and legally enforce the law.
If Trump was at 60% popularity, I would be singing a different tune. But at 35% popularity and 60% unfavorable, there is appetite left in our democracy to remain a democracy and to go after the crooks. Even if a good 30% of that unfavorable opinion is just about people's own pocketbooks rather than the principles of law and democracy, that's enough for those who care to actually enforce law.
Be concerned, but be ready tk supppprt those who will correct the course of our ship.
Not a guarantee either.. just a hope
EDIT: But, as someone will probably point out, convoluted laws / bureaucracy does obviously not automatically mean fascism or corruption. Lots of weird laws are there to cover all sorts of edge cases.
It was important for the nazis to keep businesses running, and have most people continue their lives without noticing major changes. Most people would not come into contact with the second system, and barely knew it existed. But if you entered the second system, you often would not come out alive.
This way, they could transit into an authoritarian system without hurting the economy. They knew this and planned it, and it turned out to be correct.
I agree that the phrase is somewhat contradictory, but it is the best way to describe what was going on. As long as you were within the confines of the normative state, you experienced a rule of law. But as soon as you stepped into the prerogative state, anything could happen. So a "rule of law", except that it didn't apply to everybody, but only to most people. And importantly, the existence of the prerogative state is mostly hidden when you're in the normative state (so unlike a king, which everybody knew was outside of the law)
There was no rule of law, just arbitrary decisions handed down by nazi party judges.
FTFY. From the outside, people can easily see it.
Anyway, I wonder what comes after the USAA.
The main bulwark against Russianification is not the Congress or the SCOTUS, it's the true federative nature of the US. States have a lot of very real autonomy and they limit the amount of corrupt overreach.
The way to fix this is to reduce the power of the administrative state, not to just complain about Trump, but I have little hope of a real solution.
I can totally understand an argument that says a certain administrative function was not working well and needed to be fixed. But if you're just suggesting destroying these institutions, what fills that power vacuum other than the far worse situation we're seeing unfolding now?
Congress. The courts have clumsily dismantled the administrative state. But there are more options than an unchecked executive and unaccountable unelecteds.
I don't agree. The division of power is most likely preferable. Otherwise the politician also become the beurocrat but way more arbitrary.
Under Chevron we had the opposite of that: bureaucrats who had ridiculously wide latitude to make their own rules.
What we actually need is for congress to take back control instead of passing all power and authority to the executive branch.
I don’t think it’s workable. At best it just swaps lobbyists for civil servants.
I don't know what the exact solution is, but something needs to change in the structure and incentives of congress to incentivize them to exercise power again. Eliminating the filibuster and drastically increasing the total number of representatives seem like the best ways to me, but I'm open yo other possibilities.
Just be upfront that you’re a libertarian and are allergic to government.
Of course, it's totally lost on the academic-bureaucratic class that the anti-intellectuals wouldn't hesitate to cut off their nose to spite their face by electing a president that would turn around and surprise pikachu the academics with the very machine they had helped build. Now that academics are losing their grips within the bureaucratic apparatus, suddenly they are deciding to rethink their strategy -- but it's not a coming to Jesus moment, but rather just a reactionary response.
If you actually believe this is true, I have some sad news for you. Does the term "regulatory capture" mean anything to you?
> those awful technocrats
If you actually believe the "technocrats" have the knowledge required to craft regulations that actually are a net benefit, again, I have some sad news for you.
The current US code, printed as a book, could not be read in five lifetimes of daily 9-5 reading. Make reading the law aloud a requirement of their job -- they're not permitted to stop until they've completed it, except they may sleep at night and they may assemble to vote to remove laws which are no longer needed. Failure to read the laws at the start of their tenure results in being held in federal court for the duration of their time in office.
There is another option, which is to not dictate rules at all, unless you absolutely have to in order to have a civil society in the first place. For example, we have laws against things like murder and theft and fraud, because you can't have a civil society if those things aren't deterred and punished.
But the vast majority of the laws and regulations we have in place now are not doing that. They're attempts to micromanage from the top something that fundamentally cannot be micromanaged from the top. Nobody has enough knowledge to do that. So we should stop doing it.
For example, allowing poisonous chemicals in your food supply or drinking water is insane. Unless you are OK with the free market sorting all that out (after your family dies horribly).
Nor is it what I advocated.
> Regulations are painful in that they obviously reduce economic productivity
That's usually true, but it's not the main problem. The main problem is that the regulations don't actually regulate, in the sense they need to. All they do is entrench the incumbent corporations that paid good money for them, by making it harder for competitors to enter their markets.
> allowing poisonous chemicals in your food supply or drinking water is insane.
Sure. And humans somehow managed to obtain food and water that didn't have those things for thousands of years, even though there were no government regulations prohibiting them. How do you suppose that happened?
> Unless you are OK with the free market sorting all that out (after your family dies horribly).
You're assuming that food and water providers would be able to do such things in a "free market". But doing such things is obviously bad for business, so providers would have a strong incentive not to do it in a free market, since in a free market, doing things that are bad for business makes you go out of business.
In our current regulatory environment, however, large corporations can do many things that are bad for business, as long as they can get government regulators to agree to let them. For an example from a few years ago, a major aicraft manufacturer got the FAA to approve a change to one of its oldest aircraft types that ended up killing two airplanes full of people. How? Because the FAA didn't even look at the change: the "regulation" had evolved to the point where the FAA just took the manufacturer's word for it that everything was OK.
In a free market, such an aircraft manufacturer would be out of business. But of course in our current regulatory environment that can't happen, because regulation has forced aircraft manufacturers to amalgamate to the point that neither of the two biggest ones can ever be allowed to go out of business--too many long chains of dominoes, including much of the US's military capability (and not just in airplanes), depend on them.
Tell me again how regulations make things better?
Even if you eliminated the immunity shield for corporate leadership so they couldn't skate after their company goes bankrupt, there would still be innumerable risk-takers willing to gamble with human lives to make more money.
I expect the argument you want to make is that having people harmed and killed is an acceptable sacrifice for greater economic efficiency, but you're aware that it doesn't play well — especially when the benefits of economic efficiency tend to flow to the people doing the killing rather than the people being killed.
To the extent it's true that being "bad for business" is no longer enough of a disincentive for corporations, as I've already said, one key reason is that the corporations have bought regulations that favor them and disfavor potential competitors.
It's true that that's not the only factor involved. Corporate governance is broken. A big part of that is also government regulation, which does to some extent prevent outright fraud (for example, the S&L debacle in the 1980s), but is perfectly fine with other practices, like golden parachutes for executives and corporate takeovers in which the buyer gets the assets but offloads the liabilities on the taxpayers, that do just as much damage, if not more. All of these things are regulated--but the regulations don't stop harm from being done.
There is one other factor that works against corporate governance which is not, in itself, a product of government regulation: the fact that most share ownership now is not individual stockholders but mutual funds. That means most people don't even know what corporations they own even small pieces of. But mutual funds are a big advantage for most people investing for their retirement, because they're an obvious hedge against risk, so they would exist even in a true free market without any government regulation. The problem is that, as far as the individual corporations are concerned, their time horizon is now much shorter. The mutual fund has to care about providing returns over a long time horizon, because it's holding people's retirement accounts, which might not be drawn on for decades. But the corporations only see short term trades being made, many of them by those same mutual funds, trying to increase their returns. So corporations have to focus much more on short term returns instead of long term planning.
That would be one area where a government ought to be able to improve things, because a government's time horizon ought to be long-term. But it isn't. Government's time horizon is the next election. So even in this area, governments are actually worse than corporations.
> Sure. And humans somehow managed to obtain food and water that didn't have those things for thousands of years, even though there were no government regulations prohibiting them. How do you suppose that happened?
Ok, so you just don’t know history. Many people died. Fuck have you never even heard of the Jungle?
Upon Sinclair wasn’t even trying to get food regulations to improve the quality, he was trying to improve workers rights but the public was so disgusted with what food companies were doing to their food that we as a society demanded the government regulate it.
Or superfund sites?
Getting rid of government regulations in their entirety just cedes all the decision making power to corporations.
I am sick and tired of these libertarian types who either want to repeat experiments that have never succeeded in their utopian outcome or that want to convince us that the corporate boot tastes so much better than the government one.
The massive power that corporations have, as compared to individuals, is itself a product of the fact that our society has evolved now for well over a century to have government regulations that are bought by corporations to favor them. So you are correct that we can't just instantly scrap every government regulation, but not change anything else.
That does not mean that the regulations, on net, are doing more good than harm. It just means we've gotten ourselves into a very deep hole, which we can't climb out of in a short time. But at the very least we could try to stop digging.
The Chicago meat packing industry, for example, did much the same kind of bullying of their supply chains that Amazon and Walmart are now infamous for. And governments that were supposed to be preventing that sort of thing (since much of it was illegal even then--the tactics are basically the same ones organized crime has used for centuries, after all) did absolutely nothing to stop it. The Federal government finally stepping in and passing laws and regulations was not a case of government reining in a free market; it was a case of a bigger government stomping on a smaller government.
It did improve things, at least for a time, but what's the condition of the Chicago meat packing industry now? Or for that matter our food supply chain in general in the US, which has been regulated up one side and down the other for more than a century? We have beef full of antibiotics, vegetables full of pesticides, ethanol from corn in our gasoline while other food crops can't be grown profitably because the government doesn't subsidize them the same way, and a massive epidemic of obesity. So how is government regulation helping, exactly?
Like for example the amount of water a toilet flush can has been federally regulated since the 90s. Sure, that might be important if you need to keep some schmucks in the desert from bickering over aquifer depletion and whatnot. But the majority of jurisdictions in the east "we take surface water and give it back to the same watershed" jurisdictions who can use all the water they want and only impact the required size of the hardware at the treatment plant. So why are we even regulating this? And any issue you look into there's a plethora of stuff like that. Theoretically it's all justifiable in abstract but that's like littering, it doesn't scale.
[1] via "states shall adopt in order to qualify for this grant" type rules which the states then roll downhill
Congress knew of that issue; for decades, Congress has delegated the nitty gritty to regulatory agencies, who employ said experts.
SCOTUS, on the other hand, are the idiots you seek. https://en.wikipedia.org/wiki/Loper_Bright_Enterprises_v._Ra...
But I'm not dumb enough to think you'll believe my words, you'll only learn by experience.
Seriously, is there any other kind?