Comment Re:If they can do that. (Score 1) 167
About the only real improvement the A10 needs is more loiter time
The issue with the A-10 is survivability, especially in "great power competition" (against Russia and/or China) in an environment where the SAM and fighter threats are extremely deadly.
The F-35 is inadequate as a replacement for a variety of reasons, but minor improvements in engines, armor etc. do not even begin to address the real issue. The military needs to plan for the next war, not the previous one.
Comment Re:Checks and balances (Score 1) 333
The Supreme Cout's power of judicial review arises from Article III section 2:
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;10 —between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
A dispute over the interpretation or legality of a provision of law (regulation, statute, whatever) is a "Case in Law and Equity". The idea of judicial review was not novel to the founders.
Comment Re:Asinine. (Score 1) 438
Submission + - BBC: Britain Votes To Leave The EU (washingtonpost.com)
Submission + - Reddit has deleted its 'warrant canary' (reuters.com)
Comment Mod parent up! (Score 1) 1839
Comment Re:Reposting my comment from the original article. (Score 4, Insightful) 1839
- Add the ability to edit comments until they are moderated or have a reply
This would have to be done carefully, i.e. you can't post an edit after someone has clicked the reply button (not actually posted the reply). And the person replying would need to be notified if the post had been changed since the page was loaded.
Earlier in this discussion someone suggested to allow appending comments to your own post with a timestamp, but not editing the original text. That might be a better approach.
Comment Re:Encoded with an OTP (Score 1) 423
Comment Executive orders are not law in and of themselves (Score 1) 289
The courts would never fall for this, but if there isn't a very good justification for the law, Citizen's United ought to apply...
Comment Re:Not just "unreasonable". (Score 1) 221
if congress which is barred from passing unconstitutional laws passes a law making it legal,
Nothing stops Congress from passing unconstitutional laws.
then it really isn't conspiring to violate someone's rights
Sure it is.
Comment Re:Not just "unreasonable". (Score 1) 221
Very nice, but I see you neglected to quote any of the legislation authorizing the activities of the intelligence agencies.
Any reason for that?
It's irrelevant. If there is a recognized civil right that is being violated, then 18 USC 241/242 apply, regardless of other legislation.
Comment Re:Not just "unreasonable". (Score 4, Informative) 221
241. If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
242. Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Submission + - SCOTUS to weigh smartphone searches by police (yahoo.com)
Taking up cases from California and Massachusetts arising from criminal prosecutions that used evidence obtained without a warrant, the high court will wade into how to apply older court precedent, which allows police to search items carried by a defendant at the time of arrest, to cell phones.
Comment Re:Hold on there... (Score 4, Informative) 187
Here is the full quote: "The participation of a privacy advocate is unnecessary and could prove counterproductive in the vast majority of FISA matters, which involve the application of a probable cause or other factual standard to case-specific facts and typically implicate the privacy interests of few persons other than the specific target. Given the nature of FISA proceedings, the participation of an advocate would neither create a truly adversarial process nor constructively assist the Court in assessing the facts, as the advocate would be unable to communicate with the target or conduct an independent investigation. Advocate involvement in run-of-the-mill FISA matters would substantially hamper the work of the Courts without providing any commensurate benefit in terms of privacy protection or otherwise; indeed, such pervasive participation could actually undermine the Courts' ability to receive complete and accurate information on the matters before them."
Of course, we already know the courts are not getting complete and accurate information, and they rubber-stamp orders anyway.