OracleOutlook
Fiat justitia ruat caelum
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I disagree that that is how the law should work. For example, the Rittenhouse case should never have been brought to trial. Prosecutors generally do not bring cases to trial that they know they will lose. This case is likely one they would lose. Therefore, the incentive is against drawing this out in a court of law.
Point me to the law that says people who act in self defense must be tried in a court of law to prove their innocence.
I think you will like his proposal for the House: https://decivitate.jamesjheaney.com/p/expand-the-house-you-cowards
The Senate is not the House. The House should be extreme Democracy in action. The Senate is the cooling rods. You need both or you get Tyranny.
This is true, with the important caveat that the Republican party he supported 13+ years ago is gone and dead. He's not a Democrat, but it is unlikely the Republicans will ever field candidates he likes either.
What we have every election under the current status quo is 45 hardcore Republicans, 45 hardcore Democrats, and 10 people who more often than not are anti-democrat but not necessarily pro-Republican (but vote for Republican causes more often than not.) Republicans have a major bias in the Senate anyways. Would it not be better for those Republicans to be moderate and willing to pass laws from a Democratic House?
Because another proposal he has would blow up the house to 1000+ people who are also more representative of the people at large and much less gerymandering.
He calls Trump "Mr. Trump" and calls him the "de-facto president" because he believes Trump is illegitimate. On another post he writes, "When all is said and done, I’ll have spent 12 years in the political wilderness… " indicating he doesn't see himself aligned to the Republicans for 12 years now.
Well, for one, he does not prefer the Republicans to the Democrats and has not for a while now.
He is trying to make less polarized candidates, not candidates of a specific brand. Surely 30 Republican-leaning centrist and 20 Democrat-leaning centrist Senators would be better than what we have now?
We have to balance how much we hate Iran with the risk that China or Russia push back against us going after their preferred Middle Eastern country. And it is better for the Iranians if they have their own Revolution, not just an American putting a new Dictator in place for them.
With that in mind, I fully believe the Iranians can have a revolution if they don't starve first. The only thing the Americans should do is try to get the protestors food and water on a humanitarian mission. Given how hostile Iran is, doing even this without attacking Iran would be a feat in itself. But it seems like the moral option if we want to help out.
Meanwhile, we have others saying, legally speaking, there is no way the ICE agent is on the hook for murder based on previous case law.
https://shipwreckedcrew.substack.com/p/minneapolis-is-not-even-a-close-call
The ICE officer walked away when he was filled to the brim with adrenaline. That doesn't mean he was un-injured and didn't need to convalesce at the hospital. We have him getting hit by the car un-ambiguously on two videos. And even if he wasn't hit by a car, he was in the clear, if he is being judged by the same standard other police have been judged by (see above link.)
Edit: I'm not happy Good was killed, but the agent has the benefit of the doubt until they are proven guilty in a court, and given the facts established it seems unlikely that the agent deserves to be found proven guilty. Ultimately, none of this would have happened if Good hadn't been using her vehicle to obstruct government officials enforcing the law, so I understand why the sentiment is to blame Good. But it is entirely possible for there to be no bad guys here and someone still wind up dead.
And now for something completely different.
Ever feel like democracy's got you down? Ever read enough of Plato's Republic (or listened to people who claim they have ready Plato's Republic) to realize that Democracy always leads to a Tyranny? Afraid that you might be in a Tyranny right now?
You may be entitled to... course correcting your constitution via the process the founders prepared for us! Seriously, the US has gone a freakishly long time since our last amendment. It seems like the process is broken somewhere. Maybe a lot of somewhere.
But when many people propose a constitutional amendment they run into the trap of trying to enshrine their political cause of the day into the constitution, which is never going to work. What we need are structural adjustments that do not favor either side but rather incentivize more deliberative, rational, non-polarized decision making. And what better way to do it than updating the Senate!.
The Senate was never meant to be Democratic. It was meant to be the mirror to the House of Lords in it's day, just not hereditary. It was meant to check, correct, and slow down the work of the more populist House. The Senate was meant to be filled with the wisest and best of each State who serve the public interest without being beholden to popular opinion.
Originally each U.S. senator was elected directly by the legislature of their home state. This changed because state elections started to become proxies for Senate elections, so we passed the 17th amendment and now they are elected separately (though with how common it is to vote all of one party on a ballot, the effect of this change is minimal.)
This turned the US Senate from the original deliberative body to a highly polarized mess that is just like the US House but less representative. It solved one problem, but failed us in many ways.
What if we returned to the spirit of the 17th, with some tweaks to prevent the State Senate elections from turning into proxies for the US Senate again?
DeCivitate (who was featured in ACX a while ago) has been proposing some Constitutional Amendments that try to address the more structural issues with the government, without falling into the trap of "What can I enshrine in the Constitution that makes my side win forever?"
For the Senate, he has proposed a few possibilities:
First, no matter what, let's reduce the number of US Senators down to qty 1 per State. 100 is too many to have a close group of people deliberating together.
Second, let's change the way Senators are selected. Let's require that a senator needs to be a member of their State Senate (defined as the least numerous branch of the state legislature thereof, being composed of at least ten members, and whose concurrence is necessary for any act of the state legislature to become law. so no gaming that!)
From there, we have a couple options:
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Use a FORTRAN algorithm that determines based on past votes who are the most moderate members of the State Senate and then allows the State Senate to pick from them. Plus: almost impossible to game. Minus: Requires putting a specific computer algorithm into the US Constitution, which might be a plus to some people but might also come with its own vulnerabilities.
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Have the Senate vote based on a Condorcet method plus a group veto power to help steer a more normal-looking nomination practice into a moderate candidate.
The articles for each algorithm are worth reading, as each shows a strong consideration for all the nuances for each method and a focus on understanding why we got to this point and avoiding the pitfalls that steered us towards where we are now.
The goal is to have Senators who are serious people who solve problems instead of clapping back on social media. The goal is to have a Senate comprised of people representative of the median of each State, opposed to partisans of the majority party in each state. I think people of both major parties plus people of the minor parties would prefer this to what we have going on now. So... Let's have a Constitutional Convention!
Or he had to scratch his nose. The number of Sherlocks in this week's roundup is astonishing.
Normal police officers do cover their faces when dealing with the crap ICE is dealing with. They also drive unmarked vehicles when needed. Federal law enforcement officials do not have a requirement to personally identify themselves.
All you have delineated is that ICE does not act like a beat cop who is not expecting trouble. Yeah, obviously. But when the police go in expecting trouble, they act a lot like the ICE we see on videos where trouble has happened. And ICE's mission is to round up people who have ignored final orders for removal and/or have illegally entered our country. Do you object to the existence of parole officers and bail enforcement agents?
There are also lots of arrests ICE is making that are not shared to social media that go smoothly, everyone is pleasant, no force is used, and all looks a lot more like your beat cop example.
I am related to an above average number of police officers and security personnel and ICE agents have not earned that "don't behave anything like normal police officers" comment. They seem normal to me. You are going to have to be more specific in your derision.
Yes, that is true, but the innocence of the ICE agent does not hinge on any of those details.
Honestly the driver looks at the ICE agent for a millisecond. I don't think she registered the ICE agent was in her path. She is a bad driver and sometimes bad driving kills someone, but I don't think this video proves that she was gunning for the agent.
That said, the thing that keeps getting missed in this discussion is that Good is dead. She's not on trial here. Her mens rea doesn't matter, except for the normal human response to tragedy is to speculate, "That could never happen to me, I would never do the thing which lead to that."
Legally speaking and physically speaking, it is entirely possible for Good to have normal intentions and still pose a serious and immanent threat to the ICE agent.
It would probably be best to do several iterations of a mock election using this method before actually putting it in an amendment. I would be curious to see how it goes.
There are huge bottlenecks for the Federal Government w/r/t deportation. It takes years to get the final order of removal for everyone. If they want to achieve their goal of reducing illegal immigration, they need to try to create strong disincentives for illegal immigration outside the normal process.
So they set up ways to soften the blow of self-deporting. Just use an app, we'll set up a flight anywhere you want to go and give you cash.
And if you don't self-deport, here is the consequence. Swift arrest without being able to settle your affairs.
An estimated 1.9 million people self-deported this year, with or without the app. Far more people are leaving on their own than are being removed by ICE.
More importantly, this signals to others not to make the attempt. Even when the US goes back under control of the Dems, there will always be this hesitancy for an entire generation of people. "Do I really want to go to the US, set up a life, just to risk the Americans electing another Trump and losing everything I built?" Now it seems possible in a way it didn't before.
ICE will never deport a tenth as many people as it can disincentivize from staying.
That is the proper, traditional Riot. What is muddying it is the conflation of "riots" where a group of people go to a protest looking for trouble ahead of time, armed and armored. Jan 6 seems like a traditional riot. BLM and Anti-ICE protests have been something else, but called a protest/riot for some reason.
Edit: Kids these days, can't even riot properly! SMH.
I think the key maneuver he's relying on here is the secret ballot nomination,
I think the key maneuver is actually the veto ability combined with the Condorcet method. Condorcet by itself selects for moderate candidates.
I do like the idea of limiting candidates to other members of the body that is electing the State's Senator. I wonder if that was just an oversight to exclude that requirement here.
can remember videos of 9/11 where people are repeating, without full awareness, "oh my god" again and again. That kind of honest emotional reaction actually still hits me hard because, well, it's coming from somewhere genuine, isn't performative, and uses a vocabulary (religious) that really is mostly reserved - when earnest - for "big" moments. Turning "what the actual fuck" into a kind of emotional war cry cheapened the whole thing from the get go.
I was thinking the same thing, though not as articulately. I wondered, "What would 18th century Americans say if they were present at a similar event?" "Oh my God" is a good one. But the F-bomb becoming as common as "um" has not been a good turn of events. It feels very unserious.
But in that case, why do you believe the government when it says "do not resist when police arrest you, if it's all a big mistake you will be released within a couple days at the most?" But then don't apply that same trust to it when it says, "Same applies to ICE?" It's the same source. If the problem is federal/local, substitute being arrested by the FBI, would you have the same response to being arrested by the FBI as you do to ICE?
Instead, I have seen a large online campaign to paint ICE as unusual with zero jurisdiction on anything, operating under no rules, with no training. When really, they get the normal amount of training (ICE agents train at FLETC for about 3–5 months, then complete on-the-job probation before being considered field-ready, which is a comparable amount to the FBI.) They have jurisdiction to arrest people, even American citizens, over crimes committed in their presence. And the people they arrest can only be held for so long before a judge approves the detainment. And the people they send out of the country all have final orders of removal from an immigration judge.
Oh sorry I linked to the wrong article, here is Two Amendments on the Senate, where he tries to fix up his amendment so that it does not rely on FORTRAN at least: https://decivitate.jamesjheaney.com/p/two-amendments-on-the-senate @stuckinbathroom so you see it.
Maybe I will write a top level post so everyone sees it. Not really culture war in itself but maybe I can find an angle to give it a personal spin.
A Senate, If You Can Keep It and Two Amendments on the Senate would be a good read for you if you have not seen it yet.
This kind of misinformation will get more people killed.
Q: Aren’t people in ICE custody routinely “disappeared”?
No. Like most (not all) law enforcement agencies in the modern era, ICE has a detainee registry and an online portal where you can search for them. They have a website listing their locations and describing visiting hours, lawyer hours, and ways to send gifts to detainees.
Also, of course, unlike most prisoners, people detained for immigration violations usually have the option to leave, in fairly short order, by accepting voluntary departure to their home country.
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To add a personal flavor to this:
One of my police uncles was out on patrol one day with his partner. They responded to a robbery at a convenience store. When they tried to arrest the guy, the partner was shot and killed. My uncle was shot and seriously wounded - multiple surgeries in a hospital wounded. My uncle managed to shoot back and killed the guy.
Believe it or not, this was controversial in the local community! The black community decried it as racial discrimination. Surely he could have shot to wound, surely petty larceny wasn't worth the lives of two people, why did the police have to intervene? The gun was planted, it didn't even belong to the robber (no one argued the guy didn't shoot, just that the gun didn't belong to him, except it turns out it did!) There was even an article in the NYT I'm not going to link to for the tiniest bit of opsec remaining to me. But trust me, it was controversial.
Despite it very clearly being an act of self defense, should my uncle have had to stand trial for this? If the only metric is 'Was the action controversial?" then yes, he would have had to go through a trial and relive that day with his freedom and life on the line. That would have been an injustice.
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