When was the last time substantive antitrust action was taken that forcefully restructured a large company to a significant degree?
So it comes across as a bit foolish to assume that any Congressional authority actually exists, or will continue to exist into the future, since we have many examples now of where that authority seemingly doesn't matter anymore.
Especially since the majority of Congress is in the same party as the current President, and is making no effort not to cede congressional authority to the executive branch.
Americans tell us that we don't have a constitution — when we do, it is just not wholly written down. (It is in part).
We have a constitution that is flexible and precedent-based, but pretty stable, and it has emerged on top of the bits that are written down, and has amended them over time (for example, it is built in part on Magna Carta, but only two or three of its principles remain in law.) Notably a bit more of it got written when we agreed to be bound by the ECHR, but that was mostly absorbed into our understanding.
It has taken us hundreds of years to get to this stability, and it is defended from attack from pretty much all sides; every government risks changing it and there is pushback each time, because you can't govern if there aren't rules. The rules are precedent and convention, and there are various authorities and archives that are consulted to work out what they are if people think they are at risk.
We are regularly told by Americans that this is an intolerable thing; we need a written constitution or we can't know what our rights are!
But those same Americans, right now, are engaged in exactly this process. You have a set of written rules that give Congress power over things, and you are currently evolving a set of precedents that suggest that the executive can simply wander past them and Congress somehow shows deference or refuses to assert its power in some situations.
You're right at the start of building an uncodified constitution on top of the old one just as we did on top of Magna Carta.
It's not entirely new to Trump; every President in my lifetime has pushed on this except maybe Carter. And sometimes they push back (Roe v. Wade was part of this uncodified constitution and probably needed to be a written amendment.)
It could work out but it's important to understand that is what you're doing. And it's not just Unitary Executive theory or presidential immunity; the emergence of the Supreme Court's "shadow docket" is emblematic of the same process.
But mostly they are fine with what's happening so they have no desire to stop him.
Even if I was this optimistic, the executive with a stuffed supreme court is not going to care what congress thinks.
We'll sooner declare market manipulation a form of speech.
While other commenters have pointed out lots of details that point towards the favorable structural environment going forward, another idea that roots my thoughts towards this is that by creating facts on the ground, they are defining the new starting point.
Ultimately, reversing all of the different 'wrongs' or irregularities will be costly to both the opposition's political and attentional capital.
> Please don't use Hacker News for political or ideological battle. It tramples curiosity.
RIMR says:
> nobody will ever challenge this, given the current political direction of the United States
It's obviously hyperbole to say that NOBODY will EVER challenge this, but I'd say it's directionally correct:
1. The Supreme Court is controlled by a conservative, pro-big-business majority that makes it very difficult for any legal attempts to challenge Elon's actions to survive litigation.
2. The United States Senate has a conservative, pro-big-business bias due its over-representation of rural voters and its internal norms (filibuster)
3. The United States House has a conservative, pro-big-business bias due to the gerrymandering efforts of Republican-controlled state legislatures across the country (which the Democrats have tried to counter and failed, see Virginia)
4. The conservative, pro-big-business Supreme Court has ensured that elections in the United States overall have a conservative, pro-big-business bias due to the unfettered spending allowed after Citizens United.
So yes, the winds seems to be against Republicans and Trump in the mid-terms, but the structural biases of the government are still very much pro-big-business, pro-capital, and anti-regulation.
It will take much more than a single mid-term cycle to reverse that trend.
Even if so, are the Democrats really going to do the house cleaning required to fix this? Their recent history implies that they'll try to pretend things are running normally, until it all explodes in their face (again). Maybe I'm wrong, and they'll actually fight for the country, but... I'm not surprised that companies (and markets) are expecting them to just... not.