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Comment Re:TL;DR: Gotta keep the bubble going (Score 2) 127

And anyway, Presidents cant make laws.

US Solicitor General John Sauer disagrees.

In the oral arguments for Trump v Slaughter, on Monday, Sauer said this isn't true when Justice Kagan pushed him on it. She said that the Founders clearly intended to have a separation of powers, to which he basically said "Yeah, but with the caveat that they created the 'unitary executive'", by which he seemed to mean that they intended the president to be able to do pretty much anything.

Kagan responded with a nuanced argument about how we have long allowed Congress to delegate limited legislative and judicial functions to the executive branch in the way we allow Congress to delegate the power to create and evaluate federal rules to executive-branch agencies, but that that strategy rests on a "deal" that both limits the scope of said rulemaking and evaluative functions and isolates them to the designated agency. She said that breaking that isolation by allowing the president detailed control over those functions abrogated and invalidated the deal, unconstitutionally concentrating power in ways that were clearly not intended by the Founders.

Sauer disagreed. I'll stop describing the discussion here and invite you to listen to it. The discussion is both fascinating and very accessible, and the linked clip is less than seven minutes long.

The court seems poised to take Sauer's view, which I think is clearly wrong. If they do, it's going to come back and bite conservatives hard when we get an active liberal president, as we inevitably will someday if the Trump administration fails to end democracy in the US.

What's very sad is that we already went through all of this and learned these lessons 150 years ago. After 100 years of experience with a thoroughly-politicized executive branch, we passed the Pentleton Civil Service Reform act in 1883 specifically to insulate most civil servants from presidential interference. Various other laws have subsequently been passed to create protections for federal workers and to establish high-level positions that are explicitly protected from the president. SCOTUS seems bent on overturning all of that and returning us to the pre-Pendleton era.

Those who don't learn from history are doomed to repeat it, and it's looking we're gonna repeat a lot of bad history before we re-learn those 19th-century lessons.

Comment Re:Okay. (Score 2) 127

With one important difference, this reminds me of the 1974 Emergency Highway Energy Conservation Act, which established a national speed limit of 55 MPH. States had to either adopt a state speed limit of 55 MPH, or else lose out on funding, i.e. get punished.

Of course, that was a law enacted by Congress, not an Executive order. I guess, traditionally, they say that for first quarter millennium of America, Congress held the purse strings because some inky piece of paper said they were supposed to, as if Congress could ever handle that much responsibility! Can you imagine?! Anyway, we've decided Fuck That Tradition, let's try something new and put a thieving tool in charge of the purse.

Comment Regulatory agencies gutted (Score 4, Insightful) 127

Didnt SCOTUS just gut regulatory agencies from doing things like this? Doesnt Congress have to pass laws for the agencies to implement? Or is that just anything the Dema wanted to regulate?

EOs like this shouldnt be worth the price of the paper they are written on

Comment Re:Such a lack of commitment... (Score 1) 199

Not sure the right-wing nutballs behind this really understand that, since their proposal actually enforces it.

To be fair to the nutballs, their proposal will actually slow it down as compared to not limiting immigration. That is, from their nutball perspective the proposal is an improvement, just not a total solution. For a total solution, they need to go full right-wing nutball and also ban women from working so they'll stay home and have proper Swiss babies.

Comment Re:Open for now (Score 1) 21

Unlike iOS, Android is already open by design

That's not an argument they will be able to make once they block sideloading.

Except that they aren't blocking sideloading. With the planned changes you can still install apps via:

1. Other app stores. The apps will have to be signed by a registered developer account.
2. By one-click installation from a web site. The apps will have to be signed by a registered developer account.
3. By ADB. No registered developer account required.

And for the cases that require a registered developer account, that account can be anonymous and free as long as the number of installs is small.

Comment Re:“Country” (Score 2, Informative) 262

Americans are reaping what Trump has sown, but as usual, he's engaging in denial.

FTFY

This is a gaslighting that he'll probably largely get away with, since most Americans -- especially his voter base -- have little contact with tourism or people from other countries.

His ongoing attempts to gaslight them over grocery prices, though, that one's going to be tougher. I'm surprised he's trying that. I mean, he's dumb, sure, and insulated from truth, but surely someone around him is smart enough and clueful enough to tell him that it would be better to sell it as a period of unfortunate but necessary pain on the way to long-lasting economic revival and stability. His base would eat that up, but even his diehard supporters are having a hard time reconciling "grocery prices are down!" with their own grocery bills, and he just keeps repeating it. He can cherry-pick specific item prices or gush about the lower-price of a (conveniently scaled-back) Thanksgiving dinner basket all he wants but people who actually buy groceries (such an old-timey word! <eyeroll/>) can see the truth during every weekly trip to the store.

Comment Re:How about the unbanned? (Score 1) 136

Forget the kids, they don't vote so they can be safely trod upon.

I care about the kids, and I don't think this is treading on them, I think it's pushing them to have IRL relationships, and that's a good thing. I say that as a nerd who had few friends when I was a teen (in the 80s), but even normal, social kids today have far fewer real friendships and many of the geeky kids like I was now have none at all.

We're a social species, we need and crave socialization, but social media is to real relationships like drugs are to the normal joys of life; a false but massively-amped substitute for the real thing, addictive and harmful. It's perfectly possible to get high or drunk from time to time and still enjoy real life, but you have to use the artificial happiness in moderation and control. There are really good reasons why we try to keep kids away from drugs and alcohol, and keep adults away from the really powerful and addictive stuff, and get them into treatment when they get hooked (well, in the US we mostly just put them in prison, but some parts of the world are getting smarter and focusing on treatment).

The same logic applies to social media. We need to figure out how to tame its effects on adults, especially those who are for some reason especially vulnerable and get very warped by it. IMO, it makes perfect sense to just try to keep kids off of it entirely, especially since we don't really understand it yet.

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