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Ajedi32 | 10 days ago

Fully agree, but that's what happens when you keep piling laws on top of laws on top of laws and never go back and refactor. If I recall correctly, the case hinged on some vague wording in a semi-obscure law passed back in 1977.

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philistine|10 days ago

The whole legal apparatus of the US doesn't want to hear that but your laws suck. They're flawed because of the political system borne of compromise with parties incapable of whipping their members to just vote in favour of a law they don't fully agree with.

0xDEAFBEAD|9 days ago

Karl Popper would like a word

"In fact, [proportional representation] robs him of personal responsibility; it makes of him a voting machine rather than a thinking and feeling person. In my view, this is by itself a sufficient argument against proportional representation. For what we need in politics are individuals who can judge on their own and who are prepared to carry personal responsibility."

https://www.economist.com/democracy-in-america/2016/01/31/fr...

vkou|10 days ago

That's the case in any country where a parliamentary body is split so closely.

When you need every vote to get legislature to pass, because you control 51% of a chamber, backbenchers on the ideological fringe of a party, (DINOs and RINOs) have a lot of power.

When you have a majority with comfortable margins, you can care a lot less about what the Sinemas and Manchins and McCains of a party think.

epolanski|10 days ago

This is a global issue, laws aren't math formulas, law is interpreted, hence the need of judges.

Paradigma11|9 days ago

An additional problem seems to be that this law had some congressional check that has been ruled unconstitutional since.

rtkwe|10 days ago

Old laws are often superseded or modified by newer legislation that's not novel or rare. This one wasn't because it hadn't been so roundly abused by previous presidents that it had been an issue worth taking up. It's the same with a lot of delegated powers, the flexibility and decreased response time is good when it's constrained by norms and the idea of independent agencies but a terrible idea when the supreme court has been slowly packed with little king makers in waiting wanting to invest all executive power in the President. [0]

[0] Unless that's power over the money (ie Federal Reserve) because that's a special and unique institution. (ie: they know giving the president the power over the money printer would be disastrous and they want to be racist and rich not racist and poor.)

ssully|10 days ago

Except that isn’t relevant at all. This Supreme Court is completely cooked. If the case was “can Trump dissolve New York as a state” you would still have 3 justices siding in his favor with some dog shit reasoning.

Ajedi32|10 days ago

Read the opinions. Both are pretty reasonable. I think the dissent has a good point that a plain language interpretation of the term "regulate imports" would seem to include tariffs.

The bigger issue I think is that that statute exists in the first place. "Emergency powers" that a president can grant himself just by "declaring an emergency" on any pretense with no checks or balances is a stupid idea.

xienze|10 days ago

> If the case was “can Trump dissolve New York as a state” you would still have 3 justices siding in his favor with some dog shit reasoning.

As a counter-example, if the case was, say, "can a college use race as a factor in admissions"[0], you get 3 justices siding in favor using dogshit reasoning, just from the other side of the aisle. It's a bit ridiculous to think there aren't Democrat partisan judges on the Supreme Court.

0: https://en.wikipedia.org/wiki/Students_for_Fair_Admissions_v...