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Edward Snowden: Saving Us from the United Stasi of America

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Re: Edward Snowden: Saving Us from the United Stasi of America

#141
post #65

Earlier quoted context omitted.

> I'd say there's nothing that the minority can do (if it matters I'm not from the US) No, not at all. The situation is still all well within the US Constitution in the sense of want people "can do". In particular, as I will outline, there is a very fast, simple solution well within what "the minority can do". Background: In the US Federal Government, there are three branches, executive (e.g., headed by the president…

So what the Supreme Court says, goes? You have quite the romantic opinion of them. Maybe we should ask the Japanese Americans who were put into camps if they feel safe with the Supreme Court protecting us from the legislative and executive branches.

Or the Trail of Tears victims.

Re: Edward Snowden: Saving Us from the United Stasi of America

#142
post #16

Earlier quoted context omitted.

Godwin's Law, or people's interpretation of it, has a lot to answer for. It's perfectly acceptable to make comparisons to the Nazis if it's relevant to where a conversation is at, at a particular moment. Not only is acceptable, it should also be encouraged. The most valuable thing to emerge from World War Two was the anti-blueprint for society. Let's not make this taboo merely for the sake of falling foul of some int…

Godwin's "law" is nothing but an Internet meme at this point. "Invoking Godwin's Law" or referencing it does nothing to promote the conversation at hand, and we'd all be better off it it just disappeared into the dustbin of history.

Godwins Law was necessary in the early-mid 90s on Usenet where every conversation would degenerate into people calling each other Nazis. Now, not so much.

Re: Edward Snowden: Saving Us from the United Stasi of America

#143

Earlier quoted context omitted.

Then the court should revisit the case. They can do that, too.

They've had ample opportunity to do so. They turned down one just a few months ago, in fact. There is no reason to believe they will ever revisit it.

Generally the court will revisit an issue if there is a compelling reason from a new case someone brings. As far as I know, the court never revisits an issue without a compelling reason from a new case.

Re: Edward Snowden: Saving Us from the United Stasi of America

#144

Earlier quoted context omitted.

Then the court should revisit the case. They can do that, too.

Why would they? What do they care?

They will care if they are given a compelling reason to care from some new case someone brings.

The system is designed so that it's super tough for politics, etc. to cause the court not to care. It is likely true that the court wants to maintain a lot of respect from the citizens, but their level of respect is fairly high now.

If the court gets an opportunity to strike down some of the Patriot Act, etc. and wants to, then they likely have plenty of 'political capital' to do so. Indeed, one reason now to make a big stink in the public media, including HN, that what the NSA did violates the Fourth Amendment, etc. is to provide 'political capital' for the court to strike down the relevant laws.

My reading is that at the present time, US citizens are heavily on the side of keeping their phone calls, e-mail contents, Internet usage, etc. private instead of trashing the Constitution so that the NSA can try to catch another Boston bomber.

The way I have tried to put the issue is to say that the Constitution is a big part of what is worth protecting in the US so that it is logically impossible both to protect the US and trash the Constitution and, instead, we need to protect both the Constitution and the rest of the US. For this goal, maybe we need some better police work.

I have high confidence that we can protect both the US and the Constitution. If that view is popular in the US, then the court will have plenty of 'political capital' to protect the Constitution.

Re: Edward Snowden: Saving Us from the United Stasi of America

#145

Earlier quoted context omitted.

Part of the NSA's surveillance program was already found to be illegal and the executive branch classified the court's ruling: http://blog.rongarret.info/2013/06/court-finds-nsa-surveilla... How screwed up is that?

I had no idea about this issue, thanks for the link! Looks like the FISC overruled the executive branch's argument about classifying the ruling. Kudos to the EFF. https://www.eff.org/deeplinks/2013/06/public-first-secret-co... Honestly, what does the executive branch hope to accomplish by classifying the ruling that it was illegal? It sounds like everyone already knows what the ruling was even if the documents themse…

> Am I missing something here?

No. Money is the mother's milk of politics, and secrecy is the favorite dessert of bureaucracies.

Much of why W, Obama, etc. want the Patriot Act is to have power to catch the bad guys so that they, W, Obama, etc., won't get blamed. Indeed if a president doesn't defend the Patriot Act, the NSA, etc. and there is another Boston bomber, then some people will try to sell the charge that "The president is soft on terrorism." So, a president will want to defend the Patriot Act, etc. right up until the Supreme Court strikes down the act. Then a president will say that he did all he could to protect us against the bad guys, and the part of government soft on terrorism was the Supreme Court or just say that the Supreme Court showed us what we have to do to defend the Constitution.

A politician wants to avoid chances that opponents could say that the politician was to blame. Generally politicians get an A+ in CYA.

Generally the hope that a politician will be more responsible is a well informed citizenry making their opinions heard. That's why here on HN I'm putting out there that my view is that we need to protect the Constitution; the Patriot Act, etc. and the NSA have been trashing the Constitution; it's not worth trashing the Constitution to catch Boston wackos with pressure cookers; so, let's get the NSA, etc. back within the Constitution and otherwise do what we can with Boston police, the FBI, etc. about Boston wackos. Indeed, the Russians told us that the Boston bombers were dangerous wackos, and still we didn't do enough.

One more point is that so far a few wacko Muslims have caused us to suffer over 4000 deaths among our soldiers, tens of thousands of serious casualties among our soldiers, blow ballpark $3 trillion (net present value) of our money, and trash the Constitution. We've taken a sucker punch. We need to find some ways to get more security per unit of effort.

Re: Edward Snowden: Saving Us from the United Stasi of America

#146

Earlier quoted context omitted.

The WWII Japanese situation was a black mark on the history of the US. Apparently the Japanese Americans were exceptionally loyal to the US. The excuse was that we were at war, in particular with Japan. The fear was that Japanese in the US would work for Japan. We knew that putting all Japanese, at least those in the West, in camps was an ugly situation. And, when the war was over, the camps were emptied. In the camp…

What happens in war is different from what happens in peace. First off, things don't "happen", people do them. Secondly, the actions of people determine peace or war, not the other way around. Thirdly, the "War On Terror" is a rhetorical device, and depending on the thickness of your skin, an exercise in hipocrisy or comedy. all the terrorists, many tens of millions of radical Muslims Wait, what??? what is going on i…

Your writing is not clear enough for me to respond to all of your points. For

> nazi cunts who abused it for their ends

I'm guessing you mean Cheney and the "neocons" who, for reasons of Mideast oil and having a position to put more pressure on Iran (note the map of the huge number of US military bases within 200 miles or so of Iran -- it's amazing), etc. (which can cover a lot if are willing to believe).

I didn't like Gulf War II. I would have let Saddam stay there since as bad as he was we had no real way to engineer something a lot better. And I would have ended the no fly zone over Iraq as essentially just pointless. Leave carriers in the Persian Gulf? Likely. Be ready to jump back into air bases in Saudi Arabia? Likely. Keep a big presence in Kuwait? Okay.

But, whatever anyone thought of W, Cheney, the neocons, Gulf War II, in fact W, etc. had a lot of help from Congress. There was plenty of war authorization and money voted.

Basically have to blame the US voters. But, then, maybe should blame the US MSM -- which I do. One W Admin guy said that Gulf War II would cost $120 billion and got fired because W, etc. wanted to say the cost would be $80 billion or some such. One guy said that to occupy the country (an occupying force is supposed to ensure police protection) would take 500,000 US soldiers, and the W Admin fired him. Still the MSM didn't raise a big stink and basically public opinion went along with Gulf War II. So, who to blame? Basically the public.

For the places I said it was "bad", that's a euphemism to admit it was not good or acceptable but to try to avoid a hot rehashing of the old issue. If you believe much worse than "bad", fine with me.

For Building 7, I've heard this and that but really have tried to avoid following the issue because I doubt I could put back Building 7!

For the "nazi cunts", my guess is that in part they rubbed their hands with glee, told themselves that with the Patriot Act, our military, the NSA, CIA, etc., we were going to "take the gloves off" and really roast the Jihaders and teach them a lesson, not to mess with the big bad US, that would last for 1000 years. For the Patriot Act being constitutional, they just took the position that it would take years for legal cases to reach the Supreme Court and get the act struck down as unconstitutional and in the meanwhile they would bend the Constitution for a while and roast all the Jihaders.

But the "nazi cunts" in the end were quite dumb, wasteful, and ineffective. One reason is, if want to use Nazi techniques, they were not enough like the actual Nazis: In some area the Nazis occupied, if something went "boom", the Nazis were not reluctant to round people up, torture them, and level much of the area. The US, however, kept wanting to be loved from building roads, bridges, hospitals, and schools, of course, including for the girls (which totally torqued off nearly every Muslim for 2000 miles), setting up a constitution and holding free elections. Didn't work at all well.

Instead, nearly every low level thug, every leader of a small gang, a large fraction of everyone with some military training, various tribal and Muslim leaders, various international opportunists, etc. all saw that the US occupation in both Iraq and Afghanistan was a golden opportunity for mischief, money, power, etc. while the W Admin and any of their Nazis didn't. We were writing term papers on the lessons from Ireland, Indonesia, and anywhere else, guessing, etc. The short answer is, we blew it.

Now we've got one in Syria: Assad is an ugly guy. He's in with the Iranians we are pissed at. He's in with Putin who, I guess, stole a Superbowl ring and is not running a Jeffersonian democracy. A lot of innocent people in Syria are suffering. So, there is US political pressure "to do something". A point is, it's not the least bit clear that there is a better alternative, and there's a fear that the main alternative is Al Qaeda or some such and worse. So, it appears that Obama is trying to appear to do 'something' but actually is doing very little, which to me means that he will please the people who want him to do 'something' but not really seriously piss off the people, like Palin, who just want to "leave it to Allah". The Pentagon has said no fly zones, shooting down Assad's air force, etc. would all be too darned expensive, e.g., 400 US air sorties.

So, no politician wants just to come out and say, "The situation stinks. What we can do about it is next to nothing -- we could throw in a lot of effort and come up with a big, fat zero for making the situation better. In time, the civil war will burn itself out with likely not much impact on essential US interests.". US politicians don't want to say that. However, politicians in nearly every other country on the planet are eager to say just this. Really, only the US is all vulnerable to rushing off to more 'international adventures'.

I believe that the US voters need to wise up and then wise up the politicians.

Re: Edward Snowden: Saving Us from the United Stasi of America

#147

Earlier quoted context omitted.

>Net, there is only one branch that can say if a law is constitutional or not, the judicial branch This is a myth. Any branch can declare a law unconstitutional. If Congress thinks a law is unconstitutional they can keep it off the books. If the President thinks a law is unconstitutional he can refuse to enforce or execute it. The courts get a reputation as the ones who decide because A) if the other branches do thei…

When the Supreme Court declares a law unconstitutional, that ends the issue until the Supreme Court decides to address the issue again. When anyone else or any other organization declares a law unconstitutional, then that's nice, nice to have their opinion, but mostly that's just their opinion. As I recall, the president is sworn to uphold the laws. If there is some law the president refuses to enforce, then there mi…

>When anyone else or any other organization declares a law unconstitutional, then that's nice, nice to have their opinion, but mostly that's just their opinion.

Not really. If one of the other branches decides that a law is unconstitutional, that's pretty much the end of the issue as well. If the courts decided that operating Gitmo is constitutional but Congress decided otherwise, Congress could de-fund it and that would be the end of Gitmo. If Congress passed a law allowing indefinite detention without trial and the executive branch believed it to be unconstitutional, it could refrain from detaining anyone indefinitely without charge and there is very little anybody else could do to force them to do otherwise.

There are some circumstances where you can sue the government for failure to execute the law, but those cases pretty rare are hard to win. And even if you "win" all you end up with is a court opinion saying you won. If the executive subsequently says that it's still unconstitutional and they're still not going to do it, what then?

In practice this never really happens (because the executive pretty much never thinks anything is unconstitutional), which means there isn't a lot of precedent, but the courts don't really have any enforcement mechanism for their decisions against the executive other than reactions of the voters to the executive's defiance. If the executive is determined that something is unconstitutional and the electorate acquiesces then who is going to make them do it?

Re: Edward Snowden: Saving Us from the United Stasi of America

#148

Earlier quoted context omitted.

The WWII Japanese situation was a black mark on the history of the US. Apparently the Japanese Americans were exceptionally loyal to the US. The excuse was that we were at war, in particular with Japan. The fear was that Japanese in the US would work for Japan. We knew that putting all Japanese, at least those in the West, in camps was an ugly situation. And, when the war was over, the camps were emptied. In the camp…

All your posts in this thread just make you sound utterly delusional. You're presented with clear cases that prove your optimistic beliefs to be little more than prose from a romance novel and you wave it away with "was a black mark on the history of the US.". So was every other time they've ignored their own laws in the past and every time they will continue to do so in the future.

The US is somehow a naive country (for no good reason) with more money than wisdom about 'foreign adventures'. So, the US messes up a lot. I wish we didn't. As Churchill observed long ago, the US always does the right thing after trying everything else.

Some countries a lot less democratic than the US end up with much more wisdom in foreign policy.

If you have some specific objection with what I wrote, then quote it and argue against it. If I return to this thread, then I will try to respond.

There was a case in the news today: Some US woman reporter went into Syria (she couldn't have been too bright) and met in a room with a lot of women and children. The men were mostly off fighting.

One of the women was 14 and had a small baby. The reporter explained that the main reason was that the family wanted the girl to get married so that she would have more protection against rape (the reporter didn't go into what might have been the result had the girl been raped). Then the reporter went on about how horrible it was for the girl to have a baby at age 14 (and get married and pregnant at age 13). Yes, there are potentially some medical problems due to her young age and lack of physical development. And, as the reporter made clear, the girl was not going to be able to finish high school.

Gads! The US reporter was projecting onto that poor family in Syria her strong US views about women in the US.

Instead, consider: The women and children in the room looked well enough fed and clothed. They were not obviously suffering. The young mother actually looked quite happy and calm and really happy holding her baby. The baby looked good, calm, happy, well fed and cared for (the US reporter did mention that the baby had not yet had some inoculations it should have). Otherwise the young mother looked like she was being a good mother. Moreover, the young mother was just surrounded by family -- her mother, brothers, sisters, likely aunts, etc. She was in an 'extended family' and no doubt just awash in emotional support and feeling of belonging. There was no shortage of expertise on how to care for the young baby. That she had a baby at age 14 is not ideal but, apparently, Mother Nature is not wildly against it. Also, likely in some Muslim countries, such young mothers are not so rare. As far as finishing high school is concerned, commonly in Muslim countries that's not a big consideration for girls (although maybe Syria, like some Muslim countries, except for the civil war, is more advanced about such things).

That's just the way it is in some Muslim countries. I don't want to live that way, but since they've been living that way for 1000+ years, it can't be all bad. For the person under stress, it looked to me that it was only the US reporter.

Net, the US needs to be more accepting of other cultures. That doesn't mean we want US girls 14 being mommies, but it does mean that what that girl was doing in that house and extended family in that country was not so bad there.

If the US gets itself all bent out of shape over lives such as that of that young mother, then we will be chasing absurd 'foreign adventures' until we are white from loss of blood. To avoid this, we have to wise up.

Re: Edward Snowden: Saving Us from the United Stasi of America

#149
post #65

Earlier quoted context omitted.

> I'd say there's nothing that the minority can do (if it matters I'm not from the US) No, not at all. The situation is still all well within the US Constitution in the sense of want people "can do". In particular, as I will outline, there is a very fast, simple solution well within what "the minority can do". Background: In the US Federal Government, there are three branches, executive (e.g., headed by the president…

I'm afraid your optimism is based on fairly tales, not actual historical precedent. Laws, Supreme Court and so on mean nothing. They who hold the force make the rules. The constitution is nothing more than a security blanket that people can hold onto and pretend it's protecting them from something. In reality, the government will do what they want to do and (possibly, if they care to) justify it later with some "inte…

You are too pessimistic.

> historical precedent.

There's plenty of historical precedent where the US democracy worked. E.g., we passed prohibition -- 2/3rds of the House, 2/3rds of the Senate, and 3/4ths of the states. When we saw how dumb it was, we repealed it.

Recently SOPA and PIPA were close to passing. A lot of people in the tech community raised hell, and the bills went down in flames.

Sure, the Constitution doesn't solve all the problems. Instead, as Jefferson said,

"The price of liberty is eternal vigilance."

So, to make the Constitution work, citizens have to keep pushing. You mentioned threats, and there are threats, but they can be defeated.

Once public opinion polls rise significantly over 50%, politicians start to pay close attention.

The main issue, then, is just what the voters want. Sure, the MSM, political ad campaigns, lying politicians, etc. can have big effects, but in the end the voters know a lot about lying, duplicity, manipulation, etc. I believe that the Internet will be helping -- it seems to have helped a lot with SOPA and PIPA and to have gotten the Snowden efforts front and center. No doubt some cases are on the way to the Supreme Court -- from Google, EFF, ACLU, etc. I doubt that the Patriot Act will come out whole.

Indeed, I believe that YouTube is helping a lot: Once a politician gives a speech, then due to YouTube the politician can't assume that the voters will easily forget. And for text data on politics, the Google/Bing keywork/phrase search engines are terrific.

Look at the US efforts in Viet Nam: Before WWII, Viet Nam was a colony of France. Ho Chi Minh was a dishwasher in Paris!

During WWII, Japan made Viet Nam a colony. The US worked with the Viet Namese 'nationalists', e.g., to rescue downed US pilots.

After WWII, the French got one of the peace conferences to let them back into Viet Nam, and war broke out.

Then the US had just fought against the Axis of Germany, Italy, and Japan, and it looked like there was another axis on the way with Moscow, Peking, and Hanoi. So, the US helped France in Viet Nam. The French lost.

By then the US had been fighting in Korea: The North was backed by Moscow and Peking and wanted the whole country. The US and parts of the UN wanted to 'block' that effort. So, there was the war in Korea, really, still simmering.

So, when the French lost in Viet Nam, the US wanted to divide the country and have the southern half allied with the US.

Alas, whatever the Ho government was, it was able to maintain power. And the US couldn't find a government to back in Saigon that could maintain power -- a Saigon politician did not dare sleep in a small village in the South.

So, the US kept backing governments in Saigon that kept losing.

In the US, the foreign policy 'wise men', Keenan, Dulles, Rusk, Bundy, etc. kept screaming that the US had to stop Hanoi or "dominoes" would fall all across the Pacific and land in California or some such. LBJ and Nixon really bought into this stuff, big time.

So the US bent itself all out of shape, inflated its economy, lost the lives of 50,000+ US soldiers, etc. trying to prop up loser governments in Saigon.

Why? Because no US politician wanted to see Hanoi take Saigon and, then, suffer the charges that they "lost Viet Nam" and were "soft on the atheistic, international Communist conspiracy about to take over the world and march into Washington, DC". That sales pitch worked really well in the US from the end of WWII until the US finally was run out of Viet Nam with people hanging off the parts of US helicopters whenever it was in the 1970s.

In all of this, it was really sad that Ho worked so hard to go to Moscow and Peking and, there, poke the US.

Actually, in the end, Hanoi and the US really had no serious differences at all. Indeed, now the US couldn't be happier with Hanoi. The US could have been happy with Ho and Hanoi at any time from WWII until the US totally lost.

But for your point about US democracy, what finally got the US out of Viet Nam was the US voters, e.g., many thousands of them marching on DC. Finally they made such a big noise that even President Ford gave only half-hearted support for staying in Saigon, and we left.

The US voters long bought into that Rusk, etc. "domino" theory. Eventually nearly every young person knew someone in their high school days who had died in Viet Nam. The predictions of the hawks never came true. It was clear that somehow the US just did not know how to build a government in Saigon.

It took US voters a very long time, decades, to see these points. But, eventually the voters saw, and then the US was out'a there.

The bottleneck was the US voters voting for LBJ and Nixon instead of, say, McGovern. I voted for McGovern; he wanted out as in 'leave now' which is eventually just what we did and what brought us to the present which is just fine. But McGovern lost, badly.

There were lots of people saying that we should get the heck out of Viet Nam. One book went "Are not winning, cannot win, should not wish to win". My view is that we burned enough oil, say, in B-52s from Guam, to enable OPEC.

We blew it.

Then, Afghanistan -- same song, second verse. There, still, no US politician wants to say, "Leave. Now.". Me? I'd have bombed enough of Akrapistan to teach them a lesson and then left, without ever setting a foot on the ground.

The US needs to wise up.

Re: Edward Snowden: Saving Us from the United Stasi of America

#150

Earlier quoted context omitted.

When the Supreme Court declares a law unconstitutional, that ends the issue until the Supreme Court decides to address the issue again. When anyone else or any other organization declares a law unconstitutional, then that's nice, nice to have their opinion, but mostly that's just their opinion. As I recall, the president is sworn to uphold the laws. If there is some law the president refuses to enforce, then there mi…

>When anyone else or any other organization declares a law unconstitutional, then that's nice, nice to have their opinion, but mostly that's just their opinion. Not really. If one of the other branches decides that a law is unconstitutional, that's pretty much the end of the issue as well. If the courts decided that operating Gitmo is constitutional but Congress decided otherwise, Congress could de-fund it and that w…

Good discussion. But all those places you said that the Executive or Legislative branches believed something was 'unconstitutional' and applied that belief to their actions, really they were just using the powers they had and could have done the same thing just saying that they just didn't like the law. So when such a branch says "unconstitutional" nice to have their opinion.

When the Supreme Court says "unconstitutional", that's different because there the court is using one of their fundamental powers. The court can't strike down a law just because they don't like the law.

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