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Edward Snowden: Saving Us from the United Stasi of America

ellsberg.net

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

#151

Earlier quoted context omitted.

>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 "unconstituti…

>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.

Neither can the executive. If they chose to do otherwise without any constitutional authority the courts should rule against them. Obviously the president can still just do whatever and defy everyone, but if the president is sufficiently in the wrong then you get subordinates siding with the constitution and impeachment proceedings etc., and ultimately a popular revolution if things go sufficiently badly.

Congress is different because they can just strike down (i.e. repeal) a law because they don't like it, but that doesn't change the fact that if they say "we're not passing this, it's unconstitutional," that's the end of the story and the thing in question is not happening, and they all swear an oath to do that when they take office.

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

#152

Earlier quoted context omitted.

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 "unconstituti…

>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. Neither can the executive. If they chose to do otherwise without any constitutional authority the courts should rule against them. Obviously the president can still just do whatever and defy everyone, but if the pres…

I'm not sure we are really disagreeing here.

Or, I'm trying to say that when the Supreme Court says that something's unconstitutional, that's the 100% true, authentic, genuine, dyed in the wool, can take it to the bank position that all courts and the other two branches will honor.

If Senator Wyden says that something's unconstitutional and that is why he's voting the way he is, say, on the Senate Intel Committee, fine, but the courts and the Executive branch won't honor that yet. Or, for something hypothetical, the Senate could pass a resolution that the Patriot Act was unconstitutional, and then people would be surprised but otherwise nothing would have changed. If the Senate and House want to kill the Patriot Act, because it's unconstitutional or just because they don't like the title, then they just write such a bill and pass it by 2/3rds in both houses or pass it by 51% in both houses and try to get the president to sign. Also, Congress could repeal the Patriot Act, saying it was unconstitutional, on Monday and enact it again on Tuesday without mentioning constitutionality and give any reasons they want or no reasons.

Or, I can say something's unconstitutional and so can you and so can anyone, but when the Supreme Court says so, it really sticks. To me, this is a difference in kind.

Again I doubt that we disagree.

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

#153

Earlier quoted context omitted.

>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. Neither can the executive. If they chose to do otherwise without any constitutional authority the courts should rule against them. Obviously the president can still just do whatever and defy everyone, but if the pres…

I'm not sure we are really disagreeing here. Or, I'm trying to say that when the Supreme Court says that something's unconstitutional, that's the 100% true, authentic, genuine, dyed in the wool, can take it to the bank position that all courts and the other two branches will honor. If Senator Wyden says that something's unconstitutional and that is why he's voting the way he is, say, on the Senate Intel Committee, fi…

>If Senator Wyden says that something's unconstitutional and that is why he's voting the way he is, say, on the Senate Intel Committee, fine, but the courts and the Executive branch won't honor that yet. Or, for something hypothetical, the Senate could pass a resolution that the Patriot Act was unconstitutional, and then people would be surprised but otherwise nothing would have changed.

I don't see how that's different than it is for the courts. If Justice Scalia writes a book describing his theory of constitutional interpretation and how he thinks specific cases should have come out, that doesn't mean anything the same as an individual Senator's speech or a Congressional resolution doesn't mean anything.

>Also, Congress could repeal the Patriot Act, saying it was unconstitutional, on Monday and enact it again on Tuesday without mentioning constitutionality and give any reasons they want or no reasons.

So can the Supreme Court. For example, Plessy v. Ferguson has since been overruled. Conversely, the modern interpretation of the commerce clause is a lot broader than it was prior to the New Deal. Granted the court is supposed to give a reason, but they don't actually have to, and in many cases the "reason" is just that they now disagree with the previous precedent (and the real reason is often that different people are now on the Court).

>Or, I can say something's unconstitutional and so can you and so can anyone, but when the Supreme Court says so, it really sticks. To me, this is a difference in kind.

I don't see how you're distinguishing this from when Congress "says so" by enacting legislation or the president "says so" through an executive order. Obviously they have to do so in their official capacity and (for Congress) have a majority in agreement, but so does the court.

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

#154

Earlier quoted context omitted.

> One difference here is that when the USG says "well it's all done according to law", that law was written and passed by an institution who at least nominally represents and is elected by the people. I don't know if the same can be said of the USSR. The USSR was also nominally run under laws, which were notionally written and formally adopted by an institution which at least nominally represented and was elected by…

I am asking this out of genuine interest and lack of knowledge - was there a representative legislative body in the USSR in the 1920s?

Pre-WWI, Russia was a feudal system. After the revolution, pretty much everything was done via some kind of parliamentary procedures. Granted, Lenin was a bully and hammered through the things he wanted but he largely did it via parliamentary consensus. At least at first.

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

#155

Earlier quoted context omitted.

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…

How old are you? You seem extremely young from everything you're writing. Probably still in school getting actively brain washed by the school system about how the US works.

>The US is somehow a naive country (for no good reason) with more money than wisdom about 'foreign adventures'.

They are not, not even a little. They simply do not care about anyone or anything other than american interests. They don't do the things they do because they didn't realize it might cause an international incident. They simply don't care. They have the biggest military and biggest market, what is anyone going to do to them?

>As Churchill observed long ago, the US always does the right thing after trying everything else.

This quote points out that this is nothing new for the US. It will do the right thing if there is literally no other choice. But they are constantly working to make sure there will be other choices.

>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.

This whole story is just common media manipulation. Make the enemy seem like barbarians so no one will look too deeply if we go to war with them.

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

#156

Earlier quoted context omitted.

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,…

>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.

No it isn't likely true. It is likely true they want to make a lot of money. They don't care about the citizens, why would they? They have jobs for life.

>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.

And where on earth are you getting such a reading? By a large margin people are currently willing to let these breaches of privacy go on because they truly believe there is some global terrorist network out there bent on destroying them. I mean, even right here on HN the 4th amendment violations aren't globally seen as a bad thing.

This is one again a case of you imagining things to be how you wish they were as opposed to what actual evidence would tell you.

>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.

The constitution has been shat on almost since before the ink dried. As soon as you have lawyers, you have people who are finding a way to interpret any law in a way favorable to their clients.

Outside of high school "American History" classes, the constitution isn't that big a deal. It's mostly just a handy extra piece of leverage for a branch of government to do something they wanted to do anyway. Had the constitution been in the way of their goals they would simply ignore it or try to interpret it in some more favorable way.

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

#157

Earlier quoted context omitted.

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 d…

>There's plenty of historical precedent where the US democracy worked.

And at least as many where it didn't.

>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.

Haha, no. A lot of big companies put their lobby dollars behind a position and that position got adopted. No one in the US government cares about a bunch of blog posts, email or online surveys.

> 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

No they don't! And even if they did, I'm not sure they can stop it (in the same way that knowing you're taking a placebo won't alter its effectiveness). It's getting more and more documented about just how effective marketing can be.

Some have gone so far as to ban certain kinds of advertising [1].

>it seems to have helped a lot with SOPA and PIPA and to have gotten the Snowden efforts front and center.

What? Outside of sites like HN, pretty much no one cares about Snowden. The mainstream press was already over him the next day.

>Once a politician gives a speech, then due to YouTube the politician can't assume that the voters will easily forget.

Except they do forget, and sites like political compass help them forget by trying to look official but producing padded stats. You can probably find every one of Obama's speeches on youtube yet there are still people who claim he hasn't broken any big promises.

[1] http://parenting.blogs.nytimes.com/2012/07/13/ban-on-adverti...

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