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Comment Some questions (Score 4, Insightful) 144

"Facebook is a living, breathing crime scene for what happened in the 2016 election -- and only they have full access to what happened,"

A couple of questions here.

1) What crime, exactly, was committed?
2) Is Sandy Parakilas, the manager in question, more intelligent or better informed than the average person? (The average person with a full-time job not related to understanding political issues.)
3) It this another example of a liberal who still, 18 months later, can't get over the loss of her candidate and has made a shocking pronouncement to get viewer engagement and generally get noticed?

Is this really a problem?

No one worries about issues of propaganda when it was the MSM's version of fake news.

It's been over and done with for 18 months, Trump isn't literally Hitler, and the country is doing pretty well. All things considered, we seem to have chosen the better of two candidates.

Why is it such a big issue?

Comment Re:Then Nintendo has a shitty business model (Score 1) 91

Nintendo has historically HATED R their greatest success in their minds was the original Game Boy, because they were able to make money on that for 10+ years. There's a reason they've had to be dragged kicking and screaming to release a new generation console when their competitors did.

Comment Quick question (Score 1) 355

I am wondering - do the AG's have standing to file suit here?

Can a bunch of AGs just get together and appeal to a judge to get the government to do something?

(Assuming the topic was not legislated by congress. NN actually went against a legislative directive.)

It just seems really weird that, in the future, random groups of AGs can file suit to force the federal government to do stuff.

Can they really do that?

Submission + - New California declares "independence" from rest of state (

PolygamousRanchKid writes: With the reading of their own version of a Declaration of Independence, founders of the state of New California took the first steps to what they hope will eventually lead to statehood. CBS Sacramento reports they don't want to leave the United States, just California. The state of New California would incorporate most of the state's rural counties, leaving the urban coastal counties to the current state of California.

But unlike other separation movements in the past, the state of New California wants to do things by the book, citing Article 4, Section 3 of the U.S. Constitution and working with the state legislature to get it done, similar to the way West Virginia was formed.

"Yes. We have to demonstrate that we can govern ourselves before we are allowed to govern," said founder Tom Reed.

Comment Re:Non story (Score 1) 341

It can be, but then what? You get a bunch of salts (and not just sodium chloride) that tend to be highly reactive, and you'll get a lot more than you actually need for culinary and industrial uses. Best thing is to stick them in deep mines (e.g., salt mines), but eventually you can run out of room.

Comment California is failing (Score -1, Troll) 359

California is currently failing in many respects.

The national economy is up around 3%, and California revenues are also up about 2.9 %.

That's about a 1:1 ratio, but CA grew at twice the rate of the economy in 2016. Their growth is significantly slowed since about two years ago. Also, that 2.9% increase in revenues is offset by about 2% increase in expenses, so it's not going to reduce their deficit a lot.

The CA population has lost about 930,000 people(*) according to census data (linked in the article), mostly middle class. The middle-class in CA have moved away to Arizona, Washington, and Texas leaving the poor and ultra-rich behind. Not completely, of course, but losing that much middle class has gotta put stress on the CA economy.

Their labor force shrank from 62.1% to 59.1% in that same time - a huge decrease to happen in just over a year.

CA is dead last (50th out of 50) in economic freedom.

Some analysts are suggesting that CA is already in a recession.

So... yeah. It's entirely reasonable to predict that California is facing very bad times in the near future.

And by extension, the California management.

(*) Don't bitch about linking to Breitbart. The link to the census bureau report is right there in the linked article.

Comment Re:it needs to be easy. (Score 1) 180

yep. needed because it *is* a direct tax.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons

From Article I, section 2.

For this reason, the USSC struck down the income tax. as a direct tax.

Subsequently, the the XVIth amendment created an *exception* to this limit, not a reversal. Save for the income tax, direct taxes remain banned without apportionment.


Comment Re:They should talk to Congress, not courts. (Score 1) 180

> That isn't self-consistent.

No, you missed everything. That is simply what the law is right now, despite your attempt to impose your own structure on it.

>but your word game is about something different than what I said.

My "word game" is explaining that what you wrote just isn't the issue here, but rather a common misconception.

Texas cannot pass a tax on a New York Merchant.

But no such tax is involved when Texas imposes a use tax on a Texan for a purchase from a New York merchant. The issue is that it can only look to the Texan, not the yorker.

(Actually, at *some* level of sales, the yorker would have sufficient contacts with Texas that Texas could assert jurisdiction under International Shoe and its progeny, but that would only make money for lawyers, and the costs of litigating these would drive what happened).

>Congress is welcome to pass a law requiring states who do collect a sales or use tax to require
>reciprocal reporting with other states that also require it,

There are issues about mandating the state participation. Again, states probably have to opt in

>but you're going to need some very new rulings from the Court before you manage to put
>requirements on people in states like Oregon that have neither of those things.

No, not if you are actually familiar with the past rulings. USSC has made it clear that they are interpreting in the absence of legislation, no mandating. This is properly Congress' domain, not the courts. However, when Congress doesn't act, the courts still have to handle disputes.

As I wrote, it would be difficult to force states in, but Congress can also regulate the shipments themselves if it comes to it. Even if it can't force a state in (that could go either way at the USSC), it can impose requirements on the shippers.

And as a practical matter, states without sales taxes have nothing to collect, so might want not to opt in (again, assuming their Constitutional issue is decided in their favor), so as to give their merchants an edge in other states. For better or worse (and I'd argue worse), Congress has been quite effective in using road construction and other issues to trample on state prerogatives in the past (55, .08, and so forth). Or different postal rates for states that opt in. Or (more practically) regulating the large sites that most sellers use to get found. Or an excise tax on the act of shipping (rather than the goods themselves) out of that state. Or . . .

But in the end, this is for Congress.

Comment Re:it needs to be easy. (Score 1) 180

>Sales by zip code will not work, because zip codes do not follow municipal lines.

That's just too bad.

Zip code already exists in all transactions.

The five digit sips can be changed, or the localities or states can solve the division for the zip code.

Using zip is the least burdensome way to deal with distribution, and those jurisdictions unwilling to accept that can just not opt in and try to collect the tax themselves . . .


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