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Read the rules in the OP before posting, please.

In order to ensure that this thread continues to meet TL standards and follows the proper guidelines, we will be enforcing the rules in the OP more strictly. Be sure to give them a re-read to refresh your memory! The vast majority of you are contributing in a healthy way, keep it up!

NOTE: When providing a source, explain why you feel it is relevant and what purpose it adds to the discussion if it's not obvious.
Also take note that unsubstantiated tweets/posts meant only to rekindle old arguments can result in a mod action.
zlefin
Profile Blog Joined October 2012
United States7689 Posts
Last Edited: 2014-02-11 00:50:33
February 11 2014 00:46 GMT
#17321
On February 11 2014 09:35 MstrJinbo wrote:
Show nested quote +
On February 11 2014 09:24 zlefin wrote:
On February 11 2014 09:03 MstrJinbo wrote:
On February 11 2014 08:59 zlefin wrote:
If he's a traitor, what's wrong with sending the CIA in to do the job?


Americans have certain rights that we expect the government to honor. One of those being not assassinated by the government without a trial and due process and that.


I disagree.
If they're not on our soil, and the nation who's soil they are on is unable or unwilling to extradite;
and there is an ongoing threat,
Then I don't think there's a legal issue really.
Is the individual given any notice in the past? I suppose there might be an issue there, but if an individual is given notice, and fails to surrender themselves, I don't see a problem.

I don't see a reason to treat this American any differently than any other Al Qaeda member.

Or just hold a trial in absentia.


So let's throw out a hypothetical. We take in a North Korean separatist. We refuse to extradite him to North Korea. So North Korea is totally within their rights to try him in absentia, and kill him in a drone strike in a Burger King parking lot so long as they gave notice that he needs to turn himself in?


If the separatist was an actual criminal, and not just someone declared a criminal illegitimately by the north Korean state, and that individual was actively planning to kill north Koreans in contravention of the laws of war, and we, in addition to being unwilling to turn him over, were unwilling to incarcerate the individual ourselves. Note that it would still be an offense to the nation whose territory you're acting in, but you may decide it is worth that cost.
Mostly though it just feels like you're trying to use north korea to confuse the issue because of the general illegitimacy of their actions, and by creating a false comparison, though I can't recall the exact fallacy.

We all know America pushes the boundaries in going into foreign countries to kill people. I don't think giving someone extra benefits because they're an American is warranted in that process. They should all be given the same benefits, American or not.

edit: kwark, that's why I say they should let it be done by cia, part of the point of covert assassination is to limit the diplomatic fallout, and ultimately cause less damage than other methods would do.
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
MstrJinbo
Profile Joined March 2011
United States1251 Posts
February 11 2014 00:52 GMT
#17322
On February 11 2014 09:46 zlefin wrote:
Show nested quote +
On February 11 2014 09:35 MstrJinbo wrote:
On February 11 2014 09:24 zlefin wrote:
On February 11 2014 09:03 MstrJinbo wrote:
On February 11 2014 08:59 zlefin wrote:
If he's a traitor, what's wrong with sending the CIA in to do the job?


Americans have certain rights that we expect the government to honor. One of those being not assassinated by the government without a trial and due process and that.


I disagree.
If they're not on our soil, and the nation who's soil they are on is unable or unwilling to extradite;
and there is an ongoing threat,
Then I don't think there's a legal issue really.
Is the individual given any notice in the past? I suppose there might be an issue there, but if an individual is given notice, and fails to surrender themselves, I don't see a problem.

I don't see a reason to treat this American any differently than any other Al Qaeda member.

Or just hold a trial in absentia.


So let's throw out a hypothetical. We take in a North Korean separatist. We refuse to extradite him to North Korea. So North Korea is totally within their rights to try him in absentia, and kill him in a drone strike in a Burger King parking lot so long as they gave notice that he needs to turn himself in?


If the separatist was an actual criminal, and not just someone declared a criminal illegitimately by the north Korean state, and that individual was actively planning to kill north Koreans in contravention of the laws of war, and we, in addition to being unwilling to turn him over, were unwilling to incarcerate the individual ourselves. Note that it would still be an offense to the nation whose territory you're acting in, but you may decide it is worth that cost.
Mostly though it just feels like you're trying to use north korea to confuse the issue because of the general illegitimacy of their actions, and by creating a false comparison, though I can't recall the exact fallacy.

We all know America pushes the boundaries in going into foreign countries to kill people. I don't think giving someone extra benefits because they're an American is warranted in that process. They should all be given the same benefits, American or not.

edit: kwark, that's why I say they should let it be done by cia, part of the point of covert assassination is to limit the diplomatic fallout, and ultimately cause less damage than other methods would do.


For the record a separatist doesn't necessarily mean a violent revolutionary. I said my bit so I'm done here for now.
zlefin
Profile Blog Joined October 2012
United States7689 Posts
February 11 2014 00:54 GMT
#17323
Which means you conceded to one of my clauses, that north korea would have no grounds to kill him because he was not a threat to their citizens.
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
{CC}StealthBlue
Profile Blog Joined January 2003
United States41117 Posts
February 11 2014 01:51 GMT
#17324
CARSON CITY, Nev. (AP) — Nevada is withdrawing its efforts to uphold the state's gay marriage ban.

Attorney General Catherine Corte Masto filed a motion Monday to withdraw the state's legal arguments in a case pending before the 9th U.S. Circuit Court of Appeals.

Republican Gov. Brian Sandoval says he agrees with the move, saying it's clear the state's arguments supporting the ban are no longer defensible in court.

The decision means Nevada will not argue to uphold the state's constitutional prohibition against same-sex marriage that voters passed in 2002.

Eight same sex couple sued the state, arguing the law is unconstitutional.

Nevada lawmakers last year took the first step toward repealing that law. If legislators approve Senate Joint Resolution 13 again next year, it would go to voters on the 2016 ballot.


Source
"Smokey, this is not 'Nam, this is bowling. There are rules."
Sub40APM
Profile Joined August 2010
6336 Posts
February 11 2014 02:13 GMT
#17325
On February 11 2014 10:51 {CC}StealthBlue wrote:
Show nested quote +
CARSON CITY, Nev. (AP) — Nevada is withdrawing its efforts to uphold the state's gay marriage ban.

Attorney General Catherine Corte Masto filed a motion Monday to withdraw the state's legal arguments in a case pending before the 9th U.S. Circuit Court of Appeals.

Republican Gov. Brian Sandoval says he agrees with the move, saying it's clear the state's arguments supporting the ban are no longer defensible in court.

The decision means Nevada will not argue to uphold the state's constitutional prohibition against same-sex marriage that voters passed in 2002.

Eight same sex couple sued the state, arguing the law is unconstitutional.

Nevada lawmakers last year took the first step toward repealing that law. If legislators approve Senate Joint Resolution 13 again next year, it would go to voters on the 2016 ballot.


Source

Its interesting to see how Gay Marriage and Marijuana Legalization continue to gather steep so rapidly.
Danglars
Profile Blog Joined August 2010
United States12133 Posts
February 11 2014 02:25 GMT
#17326
Repeal the law if you want. I personally have had enough of these state and federal attorney generals refusing to defend their own laws. They have the power to decide how many in their office pursue the defense in terms of resources and money, but they still have an obligation to defend duly passed laws. To do otherwise is shameful to the office.
Great armies come from happy zealots, and happy zealots come from California!
TL+ Member
Introvert
Profile Joined April 2011
United States4769 Posts
February 11 2014 02:38 GMT
#17327
This trend of simply ignoring laws that are politically toxic is disturbing, as is the Court's willingness to allow it to continue. I believe in the prop 8 case from CA, the justices ruled that the citizens (represented through a group) didn't have standing. So it appears that, unless this situation is different in some way that I am not aware of, the law cannot be defended in court. It's the worst possible way to go about getting what you want.
"It is therefore only at the birth of a society that one can be completely logical in the laws. When you see a people enjoying this advantage, do not hasten to conclude that it is wise; think rather that it is young." -Alexis de Tocqueville
zlefin
Profile Blog Joined October 2012
United States7689 Posts
February 11 2014 02:59 GMT
#17328
It does seem odd, there should always be someone to defend the law as long as you're using an adversarial system (not that i'm fond of the adversarial system).
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
{CC}StealthBlue
Profile Blog Joined January 2003
United States41117 Posts
February 11 2014 04:18 GMT
#17329
Last year, North Carolina’s top environmental regulators thwarted three separate Clean Water Act lawsuits aimed at forcing Duke Energy, the largest electricity company in the country, to clean up its toxic coal ash pits in the state. That June, the state went even further, saying it would handle environmental enforcement at every one of Duke’s 31 coal ash storage ponds in the state — an act that protected the company from further federal lawsuits. Last week, one of those coal ash storage ponds ruptured, belching more than 80,000 tons of coal ash into the Dan River.

Now, environmental groups and former regulators are charging that North Carolina Republican Gov. Pat McCrory, who worked for Duke for 30 years, has created an atmosphere where the penalties for polluting the environment are low.

The Associated Press reports that McCrory’s Department of Environment and Natural Resources blocked three federal Clean Water Act suits in 2013 by stepping in with its own enforcement authority “at the last minute.” This protected Duke from the kinds of stiff fines and penalties that can result from federal lawsuits. Instead, state regulators arranged settlements that carried miniscule financial penalties and did not require Duke to change how it stores the toxic byproducts of its coal-fired power plants. After blocking the first three suits, which were brought by the Southern Environmental Law Center, the state filed notices saying that it would handle environmental enforcement at every one of Duke’s remaining North Carolina coal ash storage sites, protecting the company from Clean Water Act lawsuits linked to its coal waste once and for all.


Source
"Smokey, this is not 'Nam, this is bowling. There are rules."
zlefin
Profile Blog Joined October 2012
United States7689 Posts
February 11 2014 04:28 GMT
#17330
Sounds like those officials should then be subject to criminal sanctions for allowing this to happen after they took responsibility.
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
Danglars
Profile Blog Joined August 2010
United States12133 Posts
February 11 2014 04:35 GMT
#17331
ACA Employer Mandate Put Off Again
Most employers won't face a fine next year if they fail to offer workers health insurance, the Obama administration said Monday, in the latest big delay of the health-law rollout.

The Treasury Department, in regulations outlining the Affordable Care Act, said employers with 50 to 99 full-time workers won't have to comply with the law's requirement to provide insurance or pay a fee until 2016. Companies with more workers could avoid some penalties in 2015 if they showed they were offering coverage to at least 70% of full-time workers.

The move came after employers pressured the Obama administration to peel back the law's insurance requirements. Some firms had trimmed workers' hours to below 30 hours a week to avoid paying a penalty if they didn't offer insurance.

A senior administration official said the shift was a response to businesses' concerns, though the official said no one reason was behind the change.

Under the original 2010 health law, employers with the equivalent of at least 50 full-time workers had to offer coverage or pay a penalty starting at $2,000 a worker beginning in 2014. Last year, the administration delayed the requirement for the first time by moving it to 2015.

The new rules for companies with 50 to 99 workers would cover about 2% of all U.S. businesses, which include 7% of workers, or 7.9 million people, according to 2011 Census figures compiled by the Small Business Administration. The rules for companies with 100 or more workers affect another 2% of businesses, which employ more than 74
source (WaPo too)

In this modern post-constitutional era, we just rewrite laws passed by Congress as we go along. We couldn't have too many people cut from full time to sub-30 hours now, could we? Democrats couldn't weather a 2014 if it was 2010-redux.
Great armies come from happy zealots, and happy zealots come from California!
TL+ Member
zlefin
Profile Blog Joined October 2012
United States7689 Posts
February 11 2014 04:38 GMT
#17332
If republicans were willing to legislate responsibly, Obama wouldn't have to be doing these things.

On another note, are there any legitimate reasons for Marijuana not being moved to schedule III or so?
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
Danglars
Profile Blog Joined August 2010
United States12133 Posts
February 11 2014 05:02 GMT
#17333
If republicans were willing to legislate responsibly, Obama wouldn't have to be doing these things.
I honestly thought you were above this kind of trolling. "He was driven to do it, didn't really have a choice!" works for the mentally challenged and suicidal. Sitting presidents do not have this excuse.
Great armies come from happy zealots, and happy zealots come from California!
TL+ Member
zlefin
Profile Blog Joined October 2012
United States7689 Posts
February 11 2014 05:11 GMT
#17334
I do not agree that it constitutes trolling; and the defenses necessity and exigent circumstances are well recognized.

I also concur with the Columbia law review's assessment of the trilemma over the debt ceiling.
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
nunez
Profile Blog Joined February 2011
Norway4003 Posts
February 11 2014 05:15 GMT
#17335
On February 11 2014 07:12 Simberto wrote:
Show nested quote +
On February 11 2014 06:47 xDaunt wrote:
On February 11 2014 06:38 Simberto wrote:
Consistent with what?

Maybe i just don't understand something here, but how can something be ok to do to someone who is not your citizen, but not ok if he is? I just don't think that nationality should be defining the rights a human has in the 21st century. Or are americans really better than other people, and there are situations where it is ok to kill someone, as long as they are not american, but as soon as the person in question is an american it is no longer ok?

I would be very critical of a government killing ANYONE outside of its regular judicial process, no matter if he is german or not. But i guess we already had people who felt that people are more important based on their nationality here before.

There's your problem right there. Like it or not, rights are determined by nations and protected by nations. If America wants to afford additional rights to its citizenry, that it's business. The differential treatment has nothing to do with the relative superiority of its citizens; it's merely a function of the state to protect its people. Rights mean nothing if there's no one to enforce them.


Yeah, i know that sadly that is how things work out in reality. I just find it weird that apparently there are people who actually embrace that thinking. I can accept that a government acts that way. I can not understand that people think that way. Thus, i simply can not understand why the american government apparently has to deal with a lot more internal fallout when killing american citizen with drone strikes, when compared to killing other people with drone strikes. Because that means that apparently there is a big group of people in america who thinks it is absolutely fine to kill people in other countries, as long as they are not americans. And the only way for that to make any sense is if those people think that americans are worth more than other people.

Once again, i know that that is how this sadly works out in practice all the time. I just can not understand how someone can actually think that that is good, and not just something that you would rather not know about.


it is infuriating.
conspired against by a confederacy of dunces.
Introvert
Profile Joined April 2011
United States4769 Posts
Last Edited: 2014-02-11 05:25:05
February 11 2014 05:24 GMT
#17336
On February 11 2014 13:38 zlefin wrote:
If republicans were willing to legislate responsibly, Obama wouldn't have to be doing these things.

On another note, are there any legitimate reasons for Marijuana not being moved to schedule III or so?


What a great imperial mindset. Well, the executive branch screwed up the law (or it was screwy to being with, since it was passed so quickly) so when Congress won't fix it, let's just have the president assume new power to fix it. Are you a monarchist? This is a semi-serious question. Why bother having separate branches?
"It is therefore only at the birth of a society that one can be completely logical in the laws. When you see a people enjoying this advantage, do not hasten to conclude that it is wise; think rather that it is young." -Alexis de Tocqueville
oneofthem
Profile Blog Joined November 2005
Cayman Islands24199 Posts
February 11 2014 05:38 GMT
#17337
if obstruction and political hostage taking is plastered all over your strategic agenda it's okay to admit that it worked pretty well.
We have fed the heart on fantasies, the heart's grown brutal from the fare, more substance in our enmities than in our love
Danglars
Profile Blog Joined August 2010
United States12133 Posts
February 11 2014 05:46 GMT
#17338
On February 11 2014 14:38 oneofthem wrote:
if obstruction and political hostage taking is plastered all over your strategic agenda it's okay to admit that it worked pretty well.
One of the natural occurrences in constitutional government with separation in powers is one branch obstructing what another branch wishes it could do. Furthermore, if your section controls the spending and a minority wishes to expand it beyond current bounds, then that's a possible government shutdown and maybe a deserved one too. You cannot equate the two to excuse an authoritarian move.

The constitution is not up for election every four years. Obstructive coalitions, political hostage taking application of enumerated powers, and the president are up for election in that time.
Great armies come from happy zealots, and happy zealots come from California!
TL+ Member
zlefin
Profile Blog Joined October 2012
United States7689 Posts
Last Edited: 2014-02-11 05:53:45
February 11 2014 05:51 GMT
#17339
There's a difference between application of enumerated powers, and intentionally trying to destroy the government. The republicans are not behaving responsibly, and may not be upholding their oath of office from my pov. The abject refusal to work with another side at all, regardless of issue, is not acceptable in a democracy.

Repeating your assertion that the action is unconstitutional does not make it so.

re: introvert, I have determined you are not worth talking to, so I will not be responding to your points.
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
Danglars
Profile Blog Joined August 2010
United States12133 Posts
February 11 2014 06:04 GMT
#17340
It's very convenient to forget that this ACA boondoggle was passed without a single Republican vote. The Democrats has no foibles about using the power they have when they have it. Their loyal media backs them up and attack the Republicans when they do the very same thing. In fact, their very refusal to get serious about the debt and the ACA's repeated failings prompted this fight. You want to spend money? Take the house.

On the political governance angle, having a King with the ability to change laws at whim was one of the big reasons men revolted with force. Magna Carta, the American Revolution, the French Revolution, and on. We don't want a monarch that legislates from his lips and hand. We want a president that upholds the constitutional limits on his power.
Great armies come from happy zealots, and happy zealots come from California!
TL+ Member
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