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The US's constitutional system doesn't work well in a polarized environment. There are too many veto points, two conflicting branches that can each claim to be
by matthewdgreen 4y ago
The US's constitutional system doesn't work well in a polarized environment. There are too many veto points, two conflicting branches that can each claim to be "legitimately elected", and even the elected branches don't represent the popular will due to compromises made in the pre-modern era.
We've papered over the effects of this paralysis by delegating power to the executive agencies and the Courts, but this era is now coming to an end. Some folks believe that as we remove those options our legislative system will be "forced" to work properly. But there's no evidence to support this: most Presidential democracies have collapsed into autocracy, and our own system has previously collapsed into secession and civil war.
- SllX 4y agoThe most law that affects the most people day to day has always been State law. I wouldn’t expect any kind of legislation coming out of Congress on this (but many attempts both ways regardless), and I think if there were any that passed that would not actually help our politics. Not everything need be an Act of Congress. Every State has an elected legislature.
- deleted 4y ago[deleted]
- falcolas 4y ago> The most law that affects the most people day to day has always been State law. So, I'd actually disagree. This argument isn't well thought out yet, but... until you're actually breaking local laws, most of the laws you interact with are actually interstate and international laws. Most of the businesses you interact with are either engaging in interstate or international commerce. For example, all of your interactions with Amazon are governed by Federal laws first and foremost. With state taxes being the notable exception. Even your rent, mortgage, power, water, internet... they're all private companies that are quite often multi-state or multi-national.
- SllX 4y agoI appreciate you trying but no, the laws that affect your direct surroundings are State, because the State is the direct sovereign power over the land you live on whether you rent or own or squat. The streets around you are governed by State laws; the parks around you may have park hours and if not set directly by the State are governed by a State-empowered entity like your City (national parks are the obvious exception to this). The utilities you mentioned are typically local businesses, except maybe the banks and the ISPs and even the ISPs are operating with local charters and the bank branches are operating under local business rules. You don’t think about it because it’s so pervasive as to be invisible, but local and State laws are a massive influence in your daily life. The most regular encounter most people have with the Feds is the postal service. Even our “federal” elections are run by the States.
- matthewdgreen 4y agoI live in a high-tax state and pay vastly more to the Federal government than I do to all state and local agencies. Budget isn't a perfect proxy for state power, but it's a pretty damned good one. (And those taxes have a huge effect on my life every single day.)
- s1artibartfast 4y ago>The US's constitutional system doesn't work well in a polarized environment It was also designed as an inherently change resistant system to support an alliance of states. This is why super majority vote thresholds are common opposed to simple majority votes. Change in many areas was intended to require more than 51% popular support. You see this in the Senate, to a lesser degree in the house, and the way the president is elected. Some see this as minority rule, but it was intended to be rule of the status quo unless there was broad support for change. This is what is out of line with modern expectations