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"Authoritarian regimes’ unclear laws make anyone a suspect" - https://ge.usembassy.gov/authoritarian-regimes-unclear-laws-...
All three seem to be important facts for an Authoritarian Regieme
I point this out, because I believe the US has long had vague laws, and our Due Process helps kick out arbitrary enforcement. I also believe that our Checks and Balance system (part of Due Process) is currently broken
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AreWeTheBaddies.jpeg
"They devise laws that are broad and vague, but then they apply them like a scapel against those that they deem a threat" - William Dobson
When combined with a comical inability to secure government systems, it's honestly super cute that any federal agency thinks engaging in such dark patterns is in any way, shape, or form going to achieve their goals.
Your point only holds if the government is trying to act fairly on behalf of the people and actively uphold justice.
Well, yeah, but that's the goal. People will correctly conclude that their ability to act unmolested is entirely contingent upon remaining in the good graces of local and remote authority figures. This produces extreme chilling on dissent or disagreement and promotes deals, bribes, and bootlicking. The law is transformed into a transparent legitimization mechanism for what the powerful wanted to do anyway, applied and ignored according to the real power structure adjacent to the legal bureaucracy. This is the default state of human civilization when the rule of law is not proactively defended.
~ P. J. O'Rourke, "Parliament of Whores"
The evidence could be just some regular looking vehicle you can't find anything about and it's just "trust me bro those were feds" and you're out of luck.
and in the meantime people rot in jail but i guess no harm no foul :shrug:
Nobody claimed no foul. Constraining a problem isn't the same as saying it's not one.
That's been the case for at least 25 years. Still bad, but not new or unique to Trump. I'm too young to have a good idea of what the pre-Patriot Act American military/intelligence/secret police was like, but the historical stuff that comes to light from time to time doesn't lend much confidence that they were all that much better - they just did it illegally and ashamedly whereas now it's quasi-legal and fully acceptable.
pre patriot bad things happened people were not even allowed to know the charges against them, not allowed discovery of evidence, compelled to allocute under duress, and court proceedings in total darkness, as in knowledge of the place, procedures, and persons involved could not be allowed.
..and then there was the really bad stuff, when the patriot act became a thing. when the text of law could not even be divulged, when people where interrogated by dog, locked in a cage and fed "leaks" of total defeat, and humiliation and death.
Only: the person in charge of that decision is the meanest, most stupid idiot you have ever met and they envy you for your wife and want to live in your house once you have been dispossessed.
The brother of my grandfather was in jail in Germany during WWII because he offended the original Nazis. He said what roughly translates to: "Nazis are all just dumb plebs." And the thing is, he was right.
I want to know the genius who wrote this, and the mastermind who approved it.
As we learned in El Paso in February, if the federal government wants a no fly zone, it can just create one.
Or maybe they do get that, but find it incredibly inconvenient to their own aspirations.
Not that a government that just pops up no-fly zones would care about your drone, but just saying.
I have my doubts. I would guess one "popping up" would at least be delayed such that it's pretty pointless by the time the drones are notified. Annoying indeed, useful (even to the ne'er-do-wells trying to enforce this crazy stuff) not so much.
The very broad power of administrative rulemaking held by that agency is unchanged -- and the power of agencies generally, to make law without legislating, without accountability to the electorate, actually has nothing to do with this administration, does it? It actually has nothing to do with any of them. It's something the legislature has allowed to grow and grow over successive administrations, whether Democrats or Republicans are in power.
Re this being the FAA's choice, I was reacting to this line in the reporting: "On April 10, Levine and his lawyers pressed ahead by filing an emergency motion [... which... ] may have expedited the government’s next move [to replace] the sweeping flight restrictions with a “national security advisory” [and dropping] all mentions of flight restrictions and criminal charges." Maybe Ars is being too rosy-viewed about the causality there, idk. I have no partic feeling one way or the other though I do want to take whatever comfort I can in the notion that the "system of checks and balances" is working. I'd rather go to bed thinking it is, than tell myself cynically that this was just another whim of an agency, with no real principled attitude.
I believe that the Trump administration in particular - not Republicans as opposed to Democrats - has abused agency independence in a manner unprecedented in recent American politics. I think agencies SHOULD act autonomously to determine specifics just like this one - what vehicles/devices, with what capabilities, can fly where and in what manner, and that we SHOULD value "expert advice" in such situations instead of using that phrase as invective. I think the American people should celebrate that we grant such freedoms because it lets us all benefit from expertise - but they should also understand that there is a price to pay in vigilance, of having to challenge the legality of agency actions if the particular implementation of regulations infringes on constitutional rights. But it's not just litigation that will prevent abuse - the first line of defense against it should be the expectation that administrations will consider themselves beholden to certain social norms of cautious use of power. Do you believe that there is no daylight between this administration and previous ones in terms of how they view what norms they ought to consider themselves bound by? That's a genuine question, not a rhetorical one - if you don't believe that, I am curious to know more.
I don't think legislatures can possibly identify a priori all the ways in which rights could possibly be infringed and make their grants so granular that agencies can't possibly find abusive interpretations. Those can only be determined in specific, real, cases, when fallible individuals attempt to meet the legislated objectives by taking concrete action. I don't understand this idea that federal agencies have become "unaccountable" merely because they issue intepretations every day as and when they encounter real-world situations. The Chevron doctrine seemed a perfectly fine compromise to me - how this court thinks the legislative body can magically divine all the future possibilities and encode them into the acts that govern the agencies is just beyond me.
You write:
Maybe Ars is being too rosy-viewed about the causality there, idk. I have no partic feeling one way or the other though I do want to take whatever comfort I can in the notion that the "system of checks and balances" is working.
They are not being rosy about it but you are inferring the wrong lesson from this. There wasn't a judgment or some other finding that the FAA had exceeded their authority and this kind of rule is too broad to be legal: the FAA just decided it was too much trouble to deal with this right now. In the absence of a legal finding about it, they can bring the same rule back next year if they want. This isn't the system of checks and balances working -- the system didn't even get going.
You write:
...there is a price to pay in vigilance, of having to challenge the legality of agency actions if the particular implementation of regulations infringes on constitutional rights.
Is there a constitutional right implicated here? The right to fly planes? It is certainly not a press freedom issue in an obvious way, since it does not target journalism per se -- it has no impact on journalism on foot, on bicycles, &c.