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> libertarians have been saying for a long time that it's best to keep government as local as possible Libertarians have in practice spent far more time trying
by pdkl95 10y ago
> libertarians have been saying for a long time that it's best to keep government as local as possible
Libertarians have in practice spent far more time trying to remove as much power from government as possible and handing it to corporations[1]. This strategy is either very naive or based on self interest, because it doesn't actually address the concentration of power; it only moves it to a different group of people.
The way to manage power is to spread it out as much as possible, subject to as many self interest based checks and balances as possible. Neither governments or corporations[2] can be allowed to "win", because it is the struggle itself that keeps power restrained to a necessary minimum. The system fails without both: corporations need to use their money and influence to push back against government overreach, and governments need to use their various powers to regulate the corporate world.
> those written by legislators elected by the people
That's what the judges are addressing, because it isn't always clear what those laws actually say, especially in ambiguous situations that didn't exist when the law was written.
> we want judges to interpret laws to mean what they ought to have said
Yes, which is necessary because the law isn't magically unambiguous. How else do you think we should interpret the law in ambiguous or unforeseen situations? Also, remember that the legislature - the people that were elected by the people - can simply override judicial interpretation at any time.
> the laws will be what the political elite want them to be
That problem happens anyway. The branch of government used is simply whichever is currently convenient. This is an orthogonal problem (that needs to be addressed).
> Liberals responded with a policy of moving as much power to Washington as possible
You are seeing what you want to see, which seems to have led to some very creative misinterpretations of how government works.
Instead of following the politics of fear and blaming a very large group of your fellow citizens, I suggest trying to find ways we can work together to dilute power away from "the political elite". A lot of people will try to distract from this idea with suggestions that prey on fear and ignorance to simply move power around, so this will require a lot of effort, vigilance, and sometimes a sacrifice. That cost, unfortunately, is the price of liberty, but it's a manageable cost if it keeps power form concentrating in the hands of the few.
[1] and the people, but most of the time the capital to actually take advantage of the power vacuum is usually held by corporations.
[2] the people (and things that serve the people directly like trade unions and civil rights orgs) are, of course, also involved as a check on the other two groups.