It doesn't really help the United States create good law. You could argue that it worsen the quality of laws by forcing kludges to be built on top of kludges.
A sortition panel collecting random people from all walks of life to give feedback on law would probably improve the quality of law more than any amount of procedure and paperwork ever will.
We mistaken paperwork with deliberation and quality control.
I’d go further. To bypass the deadlocked congress, obama used executive orders in new and expansive ways. That ratcheted things up. Now trump is using executive orders even MORE expansively, to do things that are patently undemocratic and unconstitutional (federalizing who can vote, ilegal tariffs). The kludges and hacks are causing a crumbling of democracy, not just mediocre law.
> To bypass the deadlocked congress, obama used executive orders in new and expansive ways. That ratcheted things up.
While I agree - this has been an issue long before Obama.
Any reasonable country should be able to decide on the legality of abortion through the normal political process - the public deliberates, they elect representatives, the representatives hammer out the fine print and pass legislation.
But in the American system, the legality of abortion is decided at random, based on the deaths of a handful of lawyers born in the 1930s. If that person dies between ages 68-75, 84-87 or 91-95 abortion is illegal, if they die aged 76-83, or 88-91 it's legal.
Why doesn't America deal with political questions using their political process?
> Why doesn't America deal with political questions using their political process?
Since 2022 we do. But it’s through the political process of the States. This has made a lot of people very angry because a bunch of States have got it all wrong, and the exact way they got it wrong depends on your point of view on the subject, but no matter which side of the debate you’re on, some on your side most assuredly want to preempt all the States that got it all wrong with Federal law.
That Congress hasn’t come to a political consensus is the Federal political consensus.
> Since 2022 we do. But it’s through the political process of the States.
Which is exactly as it should be. There's nothing in the Constitution which gives the federal government power to act on this issue, therefore it should be decided on a state by state basis. Government works best when it is done based on the values and needs of the local population, not one solution for an entire heterogeneous nation.
Exactly! What the Constitution /says/ and how it is interpreted... The Tenth Amendment is written (IMO) incredibly short to underscore its importance AND breadth:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
But I've very seldom heard the phrase "states rights" uttered by anyone who isn't pro-gun and anti-abortion. I doubt they'd feel any freer if their state came down like a ton of politically-angered bricks on unfettered gun ownerships and anti-abortionists.
Because that requires compromise and Americans are raging absolutists that need immediate results.
In 1791, abolitionists tried to end slavery in the British Empire but couldn't get it passed by the House of Commons. Henry Dundas changed the bill so it would be phased-in. Existing slaves wouldn't be emancipated but their children would be. That bill did pass. Slavery naturally ended over the following decades until the much smaller slave population was bought by the government and freed in 1833.
In the USA, nobody budged until a Civil War happened and then the slaves were freed by force in the 1850s without monetary compensation. But that time, emancipation happened immediately after they got full power, there was no need to give money to racists, and no moral compromises were required.
> But that time, emancipation happened immediately after they got full power, there was no need to give money to racists, and no moral compromises were required.
I really hope you were being sarcastic here... Emancipating the slaves during/after the Civil War was not an orderly, immediate process. And even once all slaves were freed, they continued to live second-class lives due to the laws of the time.
Yes, it's sarcasm. I'm contrasting how Britain made their legal process gradual enough to match reality with the USA's demand that legal processes create reality.
For reference, fully elective abortion legally doesn't exist in most of the UK. It's just that a fetus being dangerous to the mental health of the mother has progressively been interpreted more and more broadly...
In the American system as originally founded, black people were property.
It should be expected that the American system is not eternally bound to the will and scope of vision of the founding fathers, that it can and should evolve over time as the needs and nature of society evolves. Otherwise, it isn't a republic, it's a cult.
There's a long political tradition which doesn't acknowledge that there are political questions. In their world, there's only good policy and bad policy, and making the first is only a question of competence. Conflicts of interests they won't talk about. These people fight a constant battle to take political power away from people (not just regular people, elected representatives as well), and give it to their preferred "experts".
It’s more like Americans did decide, that it was illegal and judges decided they could use legal tricks to make it legal (which in turn meant as soon as they didn’t have the majority the opposite could occur.)
Or a USian who has no idea which lawyers you are referring to obliquely, so as to look "cool" and "knowledgeable", while avoiding communication with the sullied masses?
The problem here isn't the temptation to bypass a system intended to require consensus before action can be taken. That temptation is present with any system that provides any checks on autocratic tyranny.
The problem is that something like executive orders are being used to bypass that system instead of being prevented from doing so.
The problem is that the US constitution was written before people realized that the natural consequence of that type of constitution is a two party system. You cannot have a viable third party in the long run because it will necessarily weaken one or the other existing party and that party will then absorb it.
So no you have a situation where the government can have split brain: some parts of the legislative branch can be party A and other parts can be party B and the president isn’t tied to either.
From what I understand when the US “brings democracy” to another country we set up a parliamentary system and that system is widely seen as better. You cannot form an ineffective government by definition, though you can have a non-functioning government that is trying to form a coalition. These types of systems tend to find center because forming a coalition always requires some level of compromise. Our system oscillates between three states: party A does what they want, party B does what they want, and split brain and president does what he wants because Congress has no will to keep him accountable.
What I would like to try is a combination of parliamentary system, approval voting, and possibly major legislation passed by randomly selecting a jury of citizens and showing the the pros and cons of a bill. If you cannot convince 1000 random citizens that we should go to war, maybe it’s not a good idea.
> The problem is that the US constitution was written before people realized that the natural consequence of that type of constitution is a two party system.
The two party system is a consequence of using first past the post voting, which the US constitution doesn't even require. Use score voting instead, which can be done by ordinary legislation without any constitutional amendment, and you don't have a two party system anymore.
A party is a thing where multiple elected officials band together in a persistent coalition. The section you're quoting from only applies to a single elected office in the whole country. Are only two parties are going to run candidates for President when there are five or more parties in the legislature?
On top of that, that section applies to how the votes of the electoral college delegates are counted. It doesn't specify how the electoral college delegates are chosen, which it leaves up to the states. There are plenty of interesting ways of choosing them that don't result in a structural incentive for a two-party race.
> The section you're quoting from only applies to a single elected office in the whole country. Are only two parties are going to run candidates for President when there are five or more parties in the legislature?
I don't think it's a coincidence that every US state is structured as a smaller mirror of the federal government.
It's not a coincidence because they adopted their initial constitutions at around the same time or based them on the existing states that had. But we're talking about the electoral college and none of the states use something equivalent to that to choose their governor.
Using score voting instead of FPTP for state-level offices would be a straightforward legislative change in many states and still not require any change to the US Constitution even in the states where it would require a change to the state constitution, which is generally a much lower bar to overcome than a federal constitutional amendment.
US "parties" are giant coalitions compared to the "parties" in parliamentary democracies. You're solving a problem that doesn't exist.
Change the American voting system tomorrow and legislators will belong to different nominal parties that end up forming precisely the same coalitions.
Love him or hate him, Trump is a great example of this - in 2016, Trump effectively formed a new party focused on anti-immigration and protectionism, which rapidly grew to dominate the "conservative" coalition. But those other parties, ranging from libertarians to the Chamber of Commerce (highly pro immigration and highly pro free trade) parties are still there in the coalition.
> Change the American voting system tomorrow and legislators will belong to different nominal parties that end up forming precisely the same coalitions.
The US is extremely partisan right now and the partisanship is strongly aligned with the two major parties, not the individual coalitions that make them up. And with two parties you get polarization, because then it's all about getting 51% for a single party rather than forming temporary coalitions between various parties none of which can do anything unilaterally.
A different voting system allows you to have more than two viable parties, which changes the dynamic considerably.
Coalitions are pretty static in most parliamentary democracies except sometimes when forming governments post-election.
The 51% is for the coalition, not the party. That’s what you’re missing. CoC Republicans for example have temporarily sacrificed their immigration policies to retain legislative influence - and they are a check on the Trumpist wing passing whatever anti-immigrant legislation they want, because they too cannot act without at least tacit support from the CoC wing.
The “major party” is from a systems perspective no different than a European parliamentary governing coalition.
> Coalitions are pretty static in most parliamentary democracies except sometimes when forming governments post-election.
The "except when forming governments post-election" is a major difference. It also presumes that a coalition in the legislature is required to persist for an entire election cycle rather than being formed around any given individual piece of legislation. You don't have to use a system where an individual legislator or party can prevent any other from introducing a bill and taking a vote on it.
In less partisan periods in US history, bills would often pass with the partial support of both major parties.
Moreover, the US coalitions being tied to the major parties makes them too sticky. For example, the people who want lower taxes aren't necessarily the people who want subsidies for oil companies, or increased military spending, but they've been stuck in the same "coalition" together for decades.
Suppose you want to do a carbon tax. People who don't like taxes are going to be a major opponent, so an obvious compromise would be to pass it as part of a net reduction in total taxes, e.g. reduce the federal payroll tax by more than the amount of the carbon tax. But that doesn't happen because the coalition that wants lower taxes never overlaps with the coalition that wants to do something about climate change. Meanwhile the coalition that wants lower taxes wouldn't propose a carbon tax on their own, and the coalition that wants a carbon tax to increase overall government revenue gets shot down because that would be extremely unpopular, so instead it never happens.
The point is that if you can't do the thing the democratic way (because the system is so biased against change as to make it impossible) then people will look for workarounds.
The workarounds are accepted since otherwise nothing would get done at all, and then people are surprised when the workaround gets used in ways they no longer like.
When people say "nothing gets done" they mean "we can't do things that a substantial plurality of the public doesn't want done" -- which is exactly what's supposed to happen.
If you break the mechanisms ensuring that stays the case, what do you honestly expect to happen the next time it's you in the minority?
It's not supposed to cause things a significant plurality of the public wants to happen. It's supposed to cause things a significant plurality of the public doesn't want to not happen.
Yes, and, Bush-Cheney were the modern forefathers of pushing the unitary executive theory, building on the work of Reagan after a 90’s shaped lull. Reagan took ideas from The Heritage Foundation, who returned in the ‘24 elections pushing Project 2025. A natural endgame and roadmap for the movement of power to the president, that is being followed as approximately as any political roadmap ever is.
Remember that each time you’re tempted to crack a Coors light!
Unitary executive is popular and doesn’t have to mean an imperial presidency. Actually the most popular version, albeit not the one you hear about the most, is the libertarian idea that the executive should have little power at all and almost no bureaucracy to command.
And that national ID has to be free, and available to people who cannot appear at federal offices during business hours without losing what sparse wages they get...
It could be my interpretation, the framing of the above comment feels as if Obama gave Trump the idea to use executive orders in expansive ways. I think Trump would have used executive orders expansive even if no president ever had used executive orders.
Trump is just trying to get away with as much as he can. The tariffs used by Trump and his "jokes" about skippings election and other things he did are quite unprecedented.
People younger than me are not even adults. I grew up during the dial up era and then the transition to broadband. I don't think software is indeterminate.
A copyright isn't owning a car, a copyright is more akin being the only person legally allowed to manufacture cars. (This isn't hyperbole, a patent on cars is control of the very concept of cars; copyright and patents are more similar than dissimilar.)
That's why it was supposed to be a limited right with a clear and simple expiration. No one should own the concept of a car forever, eventually you want other people to be able to manufacture cars.
Right, it is a limited right because it builds an artificial monopoly. Copyrights were intended to have a similar life cycle to the patent. It lasts for a few years, possibly with a single extension if you can prove certain things about how you are using it (that you are actually using it, not just squatting on it to prevent other people from working with it).
It is a bit broken that the term limits are so different today.
> a clear and simple expiration
> life of the author
> (at least in the US
I think you included several reasons it is not clear and simple. Life of the author is real hard to define and gets shifted by "work for hire" rules, especially because so many things subject to copyright beyond books don't/cannot have a single author.
On top of that, different countries have different definitions. The Berne Convention muddies the waters that "the strictest country's definition wins" but also provides carve outs for "when in my own country I only need to worry about my own country's rules" some of the time.
Different countries have different orphaned works laws, though the majority do not today believe copyright expires on orphaned works it just gets "lost" who owns the copyright. Most countries have "copyright is automatic" laws (and the Berne Convention supports that) and "copyright is assumed and must be disproven" laws (which again the Berne Convention supports). All three of these things make the question of "is this under copyright and by who?" far from clear. (As the article here goes at great length to provide just one example of such confusion and opaque expiration information.)
The world's copyright systems lost "clear and simple expiration" decades ago.
"Preseed round" is just the small funding when the project is a very early stage. We expect to raise more funding when the endowment matures. There is no ROI, it is a pure charity.
Yep. I tried paying with my card on Steam and it showed me a QR code and I was like 'what do you want me to do, hold my card up against the screen so it somehow magically makes the transfer happen?'. There simply isn't an alternative to PP in many cases. It sucks, but that's the state of online payments today. Crypto would be an alternative if it were the least bit stable. Wero seems promising but at the moment it doesn't work.
It is a 19th century economic observation around the use of coal.
It is like saying the PDF is going to be good for librarian jobs because people will read more. It is stupid. It completely breaks down because of substitution.
Farming is the most obvious comparison to me in this. Yes, there will be more food than ever before, the farmer that survives will be better off than before by a lot but to believe the automation of farming tasks by machines leads to more farm jobs is completely absurd.
There's no such thing as a free lunch. Because it is politicaly unpalatable to tax landowners, we tax economic activity instead.
The result is that return on effort are reduced. That mean labor, entrepreneurs, and capital bear the burden of supporting government budgets as opposed to landowners who benefit from the economic activity making their land valuable.
Taxes as a rule discourages whatever get taxed. The exception to this is land, because land isn't created. It already exists in nature.
A sortition panel collecting random people from all walks of life to give feedback on law would probably improve the quality of law more than any amount of procedure and paperwork ever will.
We mistaken paperwork with deliberation and quality control.
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