How Democracy Dies

[The Minsky Moment]

I read (most) of that ruling you linked.  I don't claim to understand everything that the judge wrote, but it seems to me the crux of the argument is the distinction between "constitutional" and "statutory" harm.  He seemed to be implying (please correct anything I get wrong) that the House does have standing in the latter, but not the former.

Doesn't it stand to reason that if Donald started declaring non-existent states of emergency to justify grabbing Food Stamp money to pay for spray tans and combovers that would be the statutory variety?

It's a hyper-technical argument about pleading - the way in which the lawyers draft the initiating document that opens the lawsuit.  At the end of the complaint is a series of counts or causes of action that states the legal theories being sued under. What the judge said in 2015 is that the House can't sue for "Violation of Statute X" because the House doesn't have special interest in the laws being followed simply because the House passed them in the first place.  The House can sue for violation of Article I of the Constitution, because that goes to their particular constitutional authority.  What's tricky is that the same conduct or facts can fit multiple theories and the lawyer has to make sure the complaint uses the right magic words - in this case: "Count I - Violation of Article I Appropriations Power" as opposed to "Count I - Violation of 10 USC 2808".

McFadden is throwing some shade on the earlier ruling suggesting this distinction is confusing or unworkable because the same conduct could be both a statutory or constitutional violation. But that's the whole point - as long as the conduct does involve a constitutional violation AND the lawyer makes sure to include a count with the right magic words then the pleading suffices. McFadden is conflating the substantive question of standing with the discussion of pleading technicalities.

[Tamas]

A couple of thoughts:

1. You guys reminded me of the book I recently read on Julius Ceasar. There the author was highlighting how it was more important for senators to stop rivals from solving big issues, than having those issues solved, and how this helped undermine their country and system of government. I guess that very much applies to the US toda.

2. You talk about Conservatism as if that was still a major thing or behind the ruling party. No. It is dead and gone. You have Reactionaries in control both of politics and ideology of the Right. Conservatism is more dead than liberalism.

[jimmy olsen]

Strict interpretation of the Constitution was supposed to be fundamental to conservatism. I mean I get things like laws are no use to the President but surely the conservative judges in the judiciary feel differently.

Can't I count on the conservatives for anything? I have some faith in them. They will not hand the power of the purse over to the executive.

The real conservatives in this country are on the right of the Democratic party. The Republicans, especially those being appointed to the judiciary range from golden age style reactionaries to fascists.

[Berkut]

https://www.youtube.com/watch?v=n9izBu9-248&feature=youtu.be&fbclid=IwAR2mWcnXiPgqLr7rEp7oGThKg2v_eEGDeokoGAx09GOtpEdXswo6w_Ma6Yg

This is insane.

If you want people to take you seriously, you should start by taking yourself seriously.

[chipwich]

Predators strike when the prey is weak and fat.

[Eddie Teach]

https://www.youtube.com/watch?v=n9izBu9-248&feature=youtu.be&fbclid=IwAR2mWcnXiPgqLr7rEp7oGThKg2v_eEGDeokoGAx09GOtpEdXswo6w_Ma6Yg

This is insane.

If you want people to take you seriously, you should start by taking yourself seriously.

I assume you mean the guy whining about gendered language and not the guy whining about the noise being distracting? Sadly, there are people who take that stuff seriously.

[Zoupa]

DSA membership: 60 000

US population: 329 387 258

If you're focusing on what the fringe of a movement that represents 0.018% of your population is doing, you must have a LOT of time on your hands.

[Berkut]

DSA membership: 60 000

US population: 329 387 258

If you're focusing on what the fringe of a movement that represents 0.018% of your population is doing, you must have a LOT of time on your hands.

I wasn't aware they were that fringe, but if the left by and large considers them fringe, then good. They are pretty whack-a-doodle.

But its not like their antics are unique to them. The identity politics silliness has been going on for some time, and it is damaging, politically, to the left. Teachers being fired, people being fired or forced out of jobs for speech violations of some stupid code. It is Orwellian - this is not about being nice to people, it is about power and using language to enforce conformity and suppress viewpoints. And the scary thing is that it isn't really an attempt to suppress views people disagree with (I doubt gendered language guy was saying anything substantive that anyone in that room would object to) but about making sure that any language that doesn't conform is suppressed so you can control the content of debate.

ANd this is not the fringe of the left - the fear of saying the wrong thing is real. Gendered language, making sure your views align with the most radical of the twitter Dems, it is all there. And it is having a political cost in votes, and without any political upside that I can see. I don't think anyone who actually cares about identity politics and gendered language and not clapping and triggering is in any danger of voting for Trump.

[garbon]

Yes, you stand on this soap box all the time. What are you doing to change it?

[Valmy]

DSA membership: 60 000

US population: 329 387 258

If you're focusing on what the fringe of a movement that represents 0.018% of your population is doing, you must have a LOT of time on your hands.

Well they were brought up recently.

In any case "guys" is kind of a weird idiom, as it is often used just to be "you" kind of like y'all.

[Berkut]

Yes, you stand on this soap box all the time. What are you doing to change it?

Standing on this soap box and arguing with people who insist it is all made up fake news.

Was there something else I should be doing?

[Eddie Teach]

Isn't AOC part of that group? You'd think membership would have skyrocketed in past year.

[Habbaku]

Yes, you stand on this soap box all the time. What are you doing to change it?

Standing on this soap box and arguing with people who insist it is all made up fake news.

Was there something else I should be doing?

Donate your time and money to the National Democratic Socialists of America. We're a small organization devoted to ensuring the DSA gets nowhere. Please remit all donations of money via PayPal to [email protected].

[Valmy]

Isn't AOC part of that group? You'd think membership would have skyrocketed in past year.

Yeah they have three members in Congress, but virtually no members anywhere else. No mayors, barely any state legislators, no real political base of power anywhere.

Which kind of shows where the power of the right wing really is in the US, and the primary weakness of everybody else. They control most of the local governments where most of the decisions that impact people's lives are actually made.

It is also something that really frustrates me is whenever we get a rising star locally they are almost immediately stolen from us and kicked up stairs to run for a more glamorous national office (And lose...because it's Texas). The priority is always on the national government, but I think this is wrongheaded.

[Solmyr]

ANd this is not the fringe of the left - the fear of saying the wrong thing is real.

It's more that nowadays, you cannot say whatever insensitive shit you want without receiving criticism from previously silenced groups who in the past had to just grin and bear it. That leads to some people crying that their "freedom of speech" is being limited because their words now actually have consequences.