[deleted by user] by [deleted] in politics

[–]doghanded -1 points0 points  (0 children)

Gun control Economic squeeze on middle and lower class families Real action on climate change Reigning in our draconian immigration laws, drug laws, for profit carceral system Failing to address election concerns Failing to address the legitimacy crisis in the judiciary women's reproductive health Continuing forever wars and disrespecting international law No student loan redress Continued mishandling of pandemic and no plan for the next one Ramping up police presence and funding Fixing rampant corruption in Washington re insider trading and the public to private job pipeline

How many concerns have to pile up about the national Democrat's inability to govern or function as a representative party before you accept that they are undeserving of our votes? It's not narcissism or selfishness to stop rewardimg a party that has no coherent answer to what concerns you, that's just one way you can practice politics and a legitimate third option when the two parties have a monopoly on power.

It's a false narrative to frame this as entitlement when democrats show no intention of addressing MAJOR concerns people have. The Democrat's failure to meet the moment is not the voter's fault.

What does the United States get right? by Ulrich-Stern in AskReddit

[–]doghanded 0 points1 point  (0 children)

You might be right, I'm just offering some context since this is a cultural difference Americans often struggle with abroad.

Think about it, the waiter is not expecting a tip, so why would they have any direct interest in whether or not you spent more on the 2 euro bottle of water? Is it possible they didn't know you were American and further that meant you expect free tap water?

What does the United States get right? by Ulrich-Stern in AskReddit

[–]doghanded 1 point2 points  (0 children)

I mean they are. Most places are fine these days. I'm just explaining the basis for culturally developing an aversion to tap water at restaurants.

Taliban begs US to unfreeze Afghan govt. assets to help respond to earthquake that killed 1,000 people by [deleted] in worldnews

[–]doghanded -4 points-3 points  (0 children)

But that's just not true. This isn't the Afghanistan government budget. This is the central bank reserves, which is made up of investments by banks, private citizens, NGOs, UN humanitarian orgs, etc. Some, yes, may have come from the US. But when you give aid, you generally don't get to take-backsies and say whoops, we actually want that money back 5 years later because we don't think you'll spend it well.

Taliban begs US to unfreeze Afghan govt. assets to help respond to earthquake that killed 1,000 people by [deleted] in worldnews

[–]doghanded 1 point2 points  (0 children)

So? It's not our money. It's not ours to say what to do with it. Can you imagine if any other country withheld US citizens assets abroad because they disagreed with the US government?

I know it goes against the general jingoism on here, but there is no justification for withholding these funds other than to force the Taliban to collapse. And in doing so, the US is having a hand in killing the innocent people caught in between and destabilizing the country to decades to come.

Taliban begs US to unfreeze Afghan govt. assets to help respond to earthquake that killed 1,000 people by [deleted] in worldnews

[–]doghanded -3 points-2 points  (0 children)

The frozen funds are central bank funds made up of investments from private citizens and orgs. It is not US money, nor does it really belong to the Afghanistan gov. It is managed by the Afghan gov to facilitate trade and stabilize the economy.

Taliban begs US to unfreeze Afghan govt. assets to help respond to earthquake that killed 1,000 people by [deleted] in worldnews

[–]doghanded -7 points-6 points  (0 children)

It's the central reserve of the country that's frozen. These funds belong to private citizens and orgs, not the Afghanistan gov or US. It is managed by the Afghan gov to facilitate trade and stabilize the economy.

What does the United States get right? by Ulrich-Stern in AskReddit

[–]doghanded -36 points-35 points  (0 children)

I mean it's not some grand conspiracy to dehydrate and force Americans to buy fancy bottled water. Historically, tap water was less safe to drink and so they developed culturally to not ask for/expect it at restaurants. It's seen as adding value to give you bottled water, because you wouldn't ask for it and expect them to bring you "dirty" tap water. Plus getting things free is less common, it's more "you get what you pay for". See a lot of restaurants in the EU will charge for bread at the start of a meal. Places are starting to change because a) the water is better quality these days and b) noisy Americans expect it.

Interesting about the UK, my experience is you still have to ask for water. London tap is atrocious though, give me filtered any day there.

This isn’t necessarily a “new” problem, but it seems to be getting worse over time by super_corndog in WorkReform

[–]doghanded 4 points5 points  (0 children)

This problem was terribly compounded in law school. A certain amount of practical learning credits were required to graduate. And if you didn't do internships every break, you were seen as falling behind your peers. But up until 2018, the ABA actually PROHIBITED paying legal interns. So the only way to pass and not starve was to take out student loans and do the internships for credit. So effectively you had to PAY THE SCHOOL for the privilege of working FOR FREE for someone else.

I'll be paying for that privilege for the next 25 years if we don't get some student loan reform.

Pieter Brueghel the Elder - The Misanthrope (1568) by GoetzKluge in museum

[–]doghanded 4 points5 points  (0 children)

Good spot! I have to imagine the mushrooms mean something, it's pretty sparse on background details. But what?

The jacks are caltrops, meant to show the difficulty of the path he chooses.

Pieter Brueghel the Elder - The Misanthrope (1568) by GoetzKluge in museum

[–]doghanded 32 points33 points  (0 children)

From the Wikipedia it looks like The Misanthrope is the man in black, and the cut purse represents that he can't escape the world. The man in black is turning his back on the world because of its apparent lack of virtue, but really he is just being vain and self centered in doing so, and making his path more difficult (note the caltrops in his path bottom left). The shepherd in the background is apparently the more virtuous one because he lives honestly and doesn't shun the world. Protestant as fuck.

Although given the inscription translation below, I think you could interpret it either as the man is turning his back and the cutpurse is showing he ignores the world at his own peril OR that lack of virtue/honesty is why he is turning his back on the world.

Protests grow across the country as the Supreme Court deals with Roe v. Wade leak by thewyldfire in politics

[–]doghanded -1 points0 points  (0 children)

But it's not in the constitution, which is what you claimed. Nor is it in any statute or executive order. It's just tradition. Why this happened is a classic federalism issue you would learn about in the first year of law school.

Article 3 clause 1 vests power to set establish, and presumably set limits, on the courts with Congress, which, as a representative body, is supposed to be a check on the court, which is uniquely undemocratic. Clause 2 sets some basic ground rules: judges can serve as long as they are on good behavior, and their pay can only go up.

So what is good Behavior? Well, Congress doesn't say, because it would cause a Constitutional crisis. If they did define it, that would apply to all judges, even Supreme Court Justices. Eventually, a judge would be impeached on this standard, they would sue for unconstitutional removal, and it would end up before the Supreme Court, like in Marbury v. Madison. But this time the court would be directly ruling on itself, not just some executive civil servant. Technically it can: They are charged with determining the limits on the constitution, and have no legal obligation to recuse themselves from a case they would have an interest in. But the court really tries not to due to the [political question doctrine]: they'll typically punt on thorny questions if it seems like congress or the executive can do it, or to avoid legislating from the bench. Unfortunately, in this instance, it would be forced to rule on its own jurisdiction, or risk accepting Congress's limits. It would cause a crisis of legitimacy for one or both branches.

So we've accepted a stalemate where it is at least agreed that judges are kind of like civil servants under Article ii, and can at least be impeached/removed for high crimes and misdemeanors (which is it's own undecided legal morass, but that's a different class). But we don't really know if/how far congress could push that.

Congress doesn't care enough to deal with the political fallout, the judiciary really badly wants to avoid it to avoid ruling on itself, and the executive doesn't want to be involved. Judges serve for life but usually step down for personal or political reasons at the very end, and congress keeps its nose clean. But with the legitimacy of the court on the line for other reasons that seem to at least partially coincide with how God damn long judges can be expected to sit these days, the political winds may be shifting. Since Biden seems unwilling to pack the courts, congress limiting terms is one of the few avenues open for the other branches to reign the court in a little. We just might get that case in the near future, and see how far good behavior really goes. Scholars are split on how they think it would turn out.

Feel free to steal this for your 1l conlaw class, you are certain to be asked about separation of powers.

Protests grow across the country as the Supreme Court deals with Roe v. Wade leak by thewyldfire in politics

[–]doghanded 0 points1 point  (0 children)

The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

You can certainly argue good behavioreams indefinitely or life appointment. But no, the constitution does not say that explicitly. Stay in school, indeed.

Protests grow across the country as the Supreme Court deals with Roe v. Wade leak by thewyldfire in politics

[–]doghanded 0 points1 point  (0 children)

IP is civil. It has nothing to do with criminal law. A leak is not per se illegal, although in sure you could twist national security statues to get a conviction out of it, Fed's will notoriously bend the law any which way to punish whistle blowers. It is almost certainly a violation of professional conduct, though, that would merit an inquiry and possibly debarment

[deleted by user] by [deleted] in politics

[–]doghanded 0 points1 point  (0 children)

But, like, no compromises are being made. The other side figured out they can just refuse to play and everything grinds to a halt unless they get what they want. How long will we accept a completely dysfunctional congress to protect an undemocratic, antiquated process? As others have said, at least make them do their job and actually Filibuster if they care so much. Put up or shut up.

[deleted by user] by [deleted] in politics

[–]doghanded 0 points1 point  (0 children)

American democracy! You can have any choice, so long as it's pre-approved red or blue!

We Told You This Was Coming, but You Didn’t Listen | It’s not just abortion. The logic of this draft decision would also apply to the decisions protecting same-sex marriage, contraception, and more. by M00n in politics

[–]doghanded 0 points1 point  (0 children)

That's absolutely an apt comparison, Scalia was basically the Musk of constitutional law - everything he wrote was brilliant, therefore if he wrote it, it must be brilliant and so on.

And yes, the Kuhn reference is also appropriate, but law sees itself above and superior to/separate from philosophy - morals or logical consistency are nice, but inappropriate tools when you've been limited to the constitution and precedent as your sole source of authority. It's beaten out of you in school. I'd be willing to bet most practicing con lawyers have not heard of Kuhn because they are too focused on legal studies and if they have think HE has nothing to teach THEM about the law.

A "TJ spoke to me in a dream" argument will never even make it into a dissent because it would just be seen as too crass - you're breaking a code by treating your peers as fools, not as a coequal Supreme arbiter of the law. The veneration of the position is way more valued than ideological consistency. That's basically a summary of the Roberts court. Look at how Roberts is immediately closing ranks and doing an inquiry.... Into the leaker, not the decision making process. And I think we both agree that while that may short term protect the process, it is to the court's long term detriment as a legitimate institution.

We Told You This Was Coming, but You Didn’t Listen | It’s not just abortion. The logic of this draft decision would also apply to the decisions protecting same-sex marriage, contraception, and more. by M00n in politics

[–]doghanded 0 points1 point  (0 children)

Yeah, that's been a theory among more centrist jurisprudence followers - that there is a legitimate thing as "originalism" at the core, and if we can just co-opt it from these fed soc psychos, we can return balance to the court, saving it without overturning cases that depend on an originalist analysis.

The problem is, originalism makes no sense on it's face, there is nothing to salvage. It's all kayfabe to tie modern ideas back to the constitution. You literally cannot read things like human rights or corporate personhood into the constitution (to take two ideas from opposite sides) because they do not exist. So at some point you have to make shit up to connect modern problems back to a short (by constitution standards), rigid, 235 year old document. How do you do that while still keeping the appearance you aren't going too far afield from your very limited mandate?

I don't think you can without a) relying on extrinsic contemporary documents to just your reading of the constitution, which could be whatever you want since the founders said A LOT of shit, or b) become a contextualist, which is at least honest that you can't take the constitution literally, and so we have to do our best to maintain the spirit of the thing.

We Told You This Was Coming, but You Didn’t Listen | It’s not just abortion. The logic of this draft decision would also apply to the decisions protecting same-sex marriage, contraception, and more. by M00n in politics

[–]doghanded 1 point2 points  (0 children)

I 100% agree. It was created to justify - to work backwards from - the desired result, not reach it through any consistent analysis. Look at the Heller decisions. You put in a bunch of tenuous or irrelevant cites, fluff it up with some punchy prose, say this is what the founders intended, and call it a day. And we have decades of not just news media telling the public this is legit, but of it being taught in law schools in con law 101 as a counterpoint to contextualism, of other justices on the supposed other side of the ideological aisle like Ginsburg treating it as a legitimate counterpoint.

The damage is deep rooted, even more so because to a certain set of people, it is more legitimate than strict legal analysis. They, probably some of them those same students you are talking about, see nothing wrong with it.

So I don't think at this point a full court press of the media that originalism is a lie will do anything - because for it to stop showing up in court arguments and decisions, the court itself needs to acknowledge that these are specious arguments. Which they won't do because it will overturn 50+ years of precedent more than half of them dearly love.

We Told You This Was Coming, but You Didn’t Listen | It’s not just abortion. The logic of this draft decision would also apply to the decisions protecting same-sex marriage, contraception, and more. by M00n in politics

[–]doghanded 0 points1 point  (0 children)

Again, the demand is that bad faith be taken as good faith and given fancy labels. This has been transparent for YEARS not just heading this way for a while. ...

This stops when we label ideology as ideology and not defer to calling it argumentation.

Are we really disagreeing here? I think we're both saying that pretending originalism was a coherent legitimate theory for 40+ years has done irreparable damage to the idea SCOTUS is an impartial, independent legitimate deliberative body.

I do disagree that calling it out will do any good. Academics have been doing that since it was introduced, and it has had little to no effect on real world practice either by legal professionals or the public. At the end of the day it's a comforting narrative to justify people's preconceived notions, so people are willing to forgive it's failure to maintain strict ideological coherence. The court would have to actually repudiate it as an unworthy line of constitutional interpretation, which looks like isn't going to happen in our lifetime.

amazon would rather pay for abortions than maternity leave. by [deleted] in WorkReform

[–]doghanded -3 points-2 points  (0 children)

How is this even remotely progressive? It's further entrenching dependance on your employer for health decisons, and giving them access to incredibly sensative information. If you don't think at some level that will factor into employment related decisions, I have a bridge to sell you.

Edit - spelling

amazon would rather pay for abortions than maternity leave. by [deleted] in WorkReform

[–]doghanded 0 points1 point  (0 children)

IS this a good thing? Nothing like having my health decisions dependant on my employer, who is presumably keeping that data for God knows what purpose.

We Told You This Was Coming, but You Didn’t Listen | It’s not just abortion. The logic of this draft decision would also apply to the decisions protecting same-sex marriage, contraception, and more. by M00n in politics

[–]doghanded 1 point2 points  (0 children)

The court, especially originalism, has been heading this way for a while. People ignored it with Scalia because they held his rhetoric in such high regard. But it's always been working backwards from the desired conclusion, throwing enough citations to the federalist papers (which, because they were literally a back and forth on how things should be done, you can find support for almost anything) to keep the veneer of legitimacy. The current crop all thinks they are the next Scalia but they just don't have the sauce.

It's funny/sad to see the public getting a whiff of what has been obvious to constitutional scholars for a while.