I play guitar, watch USMLR and NHL, occasionally brew beer, enjoy live music and travel, and practice sarcasm.

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  • 3 Posts
  • 16 Comments
Joined 1 year ago
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Cake day: June 11th, 2023

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  • Congress writes laws, the president signs them. What’s confusing about that?

    Nothing. What’s confusing to you about Congress overriding a presidential veto of an unconstitutional law? What’s confusing to you about a president enforcing a constitutional law in an unconstitutional way? Or maybe Congress impeaching and removing a president who refuses to enforce an unconstitutional law. Maybe Texas law enforcement should still be looking up marriage licenses between gay couples, breaking into their private homes (“by mistake, wrong address on the warrant”), and arrest them for sodomy because Lawrence vs Texas was only an advisory ruling? In any legal disagreement between two parties (congress vs the president, the people vs the government) there needs to be a 3rd party to arbitrate. That’s what the court system exists to do. Why should we make some special exception to that for whether or not the laws or actions of our government are within their constitutional restrictions?

    Constitutional review is a farce.

    If reviewing laws for their adherence to the constitution is a farce, then having a constitution at all is a farce. What would you have us replace it with as the foundation of our legal system?

    Look how often they flip flop,

    Of course they flip flop, every reasonable person forms an opinion based on the information available at the time, and that can change.

    The supreme court is an ideological institution

    So is pretty much every human on earth. That’s why we need should have a non-partisan group, to find consensus. Just because the current makeup of that group is overtly partisan doesn’t mean the very notion of courts reviewing laws is automatically evil. We have mechanisms in congress to address it and put in better guardrails for the future.

    Constitutional review can end tomorrow with a simple declaration by the president. If we had a young, healthy, 8-1 liberal supreme court, marbury would be overturned by the first republican president.

    I’m not going to debate if a president can do that, as my position is that it’s just as naive a position that congress and the president will keep each other’s constitutionality in check as is the Libertarian position that corporations will do what’s morally best in pursuit of profit without government regulations, so I don’t think any president should do that (or even should be able to).


  • You still haven’t said how you think it will work. I think it’s naive to believe that a legislature would self-correct on a law they had already passed, or for the executive to stop infringing rights by enforcing an unconstitutional law, if the courts could not bindingly rule laws to be unconstitutional. What happens when an advisory-only court says “no this is unconstitutional” and the other two branches just say “fuck off we’re doing it anyway?”


  • How is that supposed to work that the courts can’t strike down unconstitutional laws? Forget about any specific decisions we disagree with. There has to be a branch of government separate from the authors and the enforcers of the laws that can, with authority, strike down unconstitutional laws. Otherwise the constitutional restrictions on the government are themselves meaningless.







  • I’ve run ChromeOS Flex on an old Surface Pro 3 and it was pretty good. However Flex doesn’t support the Linux containers or Android apps. I was tempted to try Fedora on it, but ended up trading it in as that battery wasn’t that reliable anymore. I think the Surface line is best option in the 2-in-1 space anymore. When I was looking at options last fall no other vendor really had anything under 13", which is just ridiculous to ever use as s tablet.