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Re:The Government’s Addiction to ‘Secret Law’ by nickff on Tuesday October 18, 2016 @12:13PM (#12735886)
>"We need a law prohibiting secret law. Any legally-binding statute, regulation, opinion or judgement that is not published to the Federal Register within 18 months would be rendered invalid."

The federal agencies continually avoid the Federal Register by issuing 'guidance letters' and 'advisory opinions', as well as re-interpreting existing rules in very creative ways. What is really needed is greater fidelity to the structural protections by the constitution (such as the Bill of Rights and non-delegation), but I have lost almost all hope of that coming to pass.

Re:The Government’s Addiction to ‘Secret Law’ by caseysoftware on Tuesday October 18, 2016 @12:53PM (#12736364)
This is why "term limits" sound great in theory but are worthless in practice.

The people who are writing these laws by another name (guidance letters, recommendations, etc) are nameless, faceless people who no one will ever know. And unless it's an official "memorandum of understanding" or similar, we won't even know their names.

The people we see and hear in the news are just the distraction so we miss the real show.

Re:The Government’s Addiction to ‘Secret Law’ by zanny on Tuesday October 18, 2016 @02:37PM (#12737358)
This can only happen when you lack accountability and actual representation in a republic. I've concluded that the general chain of reasoning is this:

Unrepresented -> Corruption -> Money -> Corporate Influence -> Gerrymandering / First Past the Post / Term Limits -> Whole election system is fucked

The way the US, and most other governments, are organized is broken because of a lack of humanity. If you try having one person represent millions, those millions will always be numbers to anyone, and that person will just be a name on a ballot to the numbers. Real representation requires a personal relationship, and that means you need to build government on the foundation of your community first. I generally see every position added to the ballot as a failure of a republic, because what you really should be doing is electing, say, a regional council (using STV or other proportional voting systems) whom then both nominates higher offices and appoints everything you would normally have on the ballot. Because that is their job, and you would not be picking between the lesser of two evils on a ticket but one of a few hundred of your neighbors who is exemplary who would do the best job.

Most people I know, at least in less dense neighborhoods (and community interaction in cities and dense living always has been problematic) can name someone who lives around them they would want to represent them in government. And you are much more likely to have reason to trust, and hold responsible, your neighbor than some guy who lives in the richest part of the city, state, or country and whom you will never meet in person, and they will never know you to give a damn about your liberty.

Re:The Government’s Addiction to ‘Secret Law’ by mahyarm on Tuesday October 18, 2016 @04:12PM (#12738218)
You have synchronization problems when every hill has it's own fiefdom. You get political deadlock, effective NIMBYism, corruption too small to get sunlight repeated at every hill, and things like making a metro transit system impossible because 60 municipalities can't work together.

Just think about the general issues of a HOA gone bad and how hard it can be to deal with it without great personal cost. That is the problem of micro government in a nutshell.

Scalable government is a hard problem in general.

Re:The Government’s Addiction to ‘Secret Law’ by rhizome on Tuesday October 18, 2016 @05:20PM (#12738827)
We've been seeing this in practice as the spotlight has shone on the white-flight enclaves in and around St. Louis after the Michael Brown killing.
Re:The Government’s Addiction to ‘Secret Law’ by StillBored on Tuesday October 18, 2016 @05:25PM (#12738863)
This hits close to an idea that has been floating around for a while. Basically, the Apportionment Act of 1911 needs to be replaced, with something that sets the number of representatives equal to some population number (say one representative for every 10k people. One of the suggestions is to set that number equal to the population of the smallest district. The idea gains a lot of support when its presented that people who live in certain states have "more" access to congress because their representatives represent fewer people. I'm to lazy to dig up the actual numbers but IIRC there is something like a 40% difference between the most populous district and the least. I've also wondered if massively increasing the number of representatives (say a few thousand) would help to remove some of the special interests, as it would take a small army to wine/dine the entire congress. Except, that I guess some of these interests basically have infinite money and could actually afford that army.
Re:The Government’s Addiction to ‘Secret Law’ by zanny on Tuesday October 18, 2016 @06:09PM (#12739180)
The problem is that laws themselves are localized. How would you form districts or states or even local government without a "local"? If you had one giant congress for all of the US that maintained humanity by having a representative per reasonable limits of human empathy (Dunbar's Number, or 150-300, and a good politician who is very empathic might reach up to 500) you would have a million and a half representatives, maximally democratic in that you only need find 300 like minded people in 320 million to support your candidate to have a representative, but completely alocal. That body would only be able to write laws that apply nationally, with no local distinctions, without bringing in the same defective mechanisms we see today pork barreling legislation into incomprehensible babel nobody reads with exceptionalism and stipulation on where and how the rules apply.

You would need a way to make local law not geopgraphically local but ideologically local. I would love to hear ideas on how you could ever manage that, but my proposition sacrifices some of the humanity potential (if you are voting STV for a local council in a town of 3,000, and have 10 members, in theory each member represents 300 people but nobody will personally know all 3,000 and thus is limited in candidate to whomever they do know, or worse, someone they take at face value like they do today). You lose quite a bit of democracy there, in that some people probably will not have a candidate they like - there are certainly more than 10 distinct political viewpoints in 3,000 people.

But I'd also think such systems would promote people to live with the like minded. If you disagree strongly with your neighbors... you are probably in a bad neighborhood for your own good and happiness. Surrounding yourself with enemies in your daily life provides a fulfilling life to few. But that goes down a deeper rabbit hole of people not considering nuance in where they life - they place work and profit ahead of all else, and will prefer a trash bin in the Bay Area over less lucrative ventures elsewhere they can have a more fulfilling life in general.

Re:The Government’s Addiction to ‘Secret Law’ by lakmear on Tuesday October 18, 2016 @05:56PM (#12739084)
California is the worst in the United States when it comes to the population vs state legislator issue. 80 members of the assembly and 40 members of the senate for 38.4 million people. Compare that to Vermont with 150 members of the House and 30 senators for a population 600,000. California could be construed as taxation without representation. You are completely correct that more legislators means less big lobbyist influence.
Re:The Government’s Addiction to ‘Secret Law’ by dragonwriter on Tuesday October 18, 2016 @06:00PM (#12739122)
California citizens retain legislative power and exercise it fairly freely including on matters of taxation, where they have sharply constrained the elected legislature, and retain the power of referendum to undo any act of the legislature (whether on tax or other matters.) As such, whatever the ratio of citizens to members of the legislature, it's ludicrous to suggest that it is "taxation without representation."
Re:The Government’s Addiction to ‘Secret Law’ by lakmear on Tuesday October 18, 2016 @06:04PM (#12739147)
I didn't mean to imply I am complaining about taxes. It's just a phrase to hammer home the lack of representation.
Re:The Government’s Addiction to ‘Secret Law’ by nitrogen on Tuesday October 18, 2016 @03:39PM (#12737953)
I would like to see a system of government that is similarly granular to your suggestion, but on technical lines rather than geographical. I tend to agree with very, very few of my neighbors on some issues, so rather than having to form a geographically local coalition, maybe better representation can be achieved by allowing the like-minded to choose representation across geographic boundaries, or to choose different representatives for different categories.

While we're at it, could we make this hypothetical government's legislature use a fractional (or maybe one-citizen-one-vote) tally, with representatives acting as proxies that individuals could override for specific votes?

Re:The Government’s Addiction to ‘Secret Law’ by clock_tower on Tuesday October 18, 2016 @08:10PM (#12739854)
One thing that the Ottoman Empire did well (although not as legislature): https://en.wikipedia.org/wiki/Millet_%28Ottoman_Empire%29
Re:The Government’s Addiction to ‘Secret Law’ by rjbwork on Tuesday October 18, 2016 @03:19PM (#12737770)
Well, congress has kept their constituents per critter at almost criminally high levels for going on a century now.

As we see here: https://en.wikipedia.org/wiki/United_States_congressional_ap...

It is constitutionally provided for to have ~30k citizens per critter. But congress is left to determine how many critters there should be. Providing more critters, and thus less people per critter would reduce the amount of power they wield individually, thus there are absolutely perverse incentives at work to keep our congressional representation as citizens to a minimum.

Re:The Government’s Addiction to ‘Secret Law’ by no-s on Tuesday October 18, 2016 @07:42PM (#12739733)
We don't need term limits for people. People come with built in term limits of one form or another. What we need are term limits for laws. Absolute Sunset should be built into the constitution and every law, regulation, charter, advisory, authorization, order, or any other kind of governmental rule should be subject to it. At regular intervals we should require our elected representatives to explicitly affirm, without debate, the existing laws. void all the ones that don't get reaffirmed at the end of the session. That way we'll always know whether the politicians can be trusted to make the right choices and also it will put a limit on how complex government can be.
Re:The Government’s Addiction to ‘Secret Law’ by adrianratnapala on Tuesday October 18, 2016 @12:42PM (#12736227)
The federal agencies continually avoid the Federal Register by issuing 'guidance letters' and simply re-interpreting existing rules in very creative ways

Yes, Chikasu's broad-stroke laws can only work if they are part of a cultural shift away from seing micromanagement as the government's job.

The agencies are what they are from the mentality that everything in our society must be "run" perhaps by a "czar". People call this regulation, but in order to run things, the authorities need not laws and predictable rules, but arbitrary (if scope-limited) powers.

Re:The Government’s Addiction to ‘Secret Law’ by gohrt on Tuesday October 18, 2016 @02:19PM (#12737201)
Are 'guidance letters' and 'advisory opinions' secret?
Re:The Government’s Addiction to ‘Secret Law’ by rayiner on Tuesday October 18, 2016 @02:28PM (#12737285)
No. And they're also not legally binding. And an agency treating guidance as legally binding is also a great way to get the guidance overturned in court, because there are strict legal requirements for the procedures agencies must follow before issuing binding rules.
Re:The Government’s Addiction to ‘Secret Law’ by rhizome on Tuesday October 18, 2016 @05:21PM (#12738841)
Can a person be fired from their government job for refusing to adhere to a guidance letter or opinion?
Re:The Government’s Addiction to ‘Secret Law’ by rayiner on Tuesday October 18, 2016 @06:34PM (#12739325)
Almost certainly, but that's true for any employee refusing to follow an instruction from an employer.
Re:The Government’s Addiction to ‘Secret Law’ by rhizome on Tuesday October 18, 2016 @07:17PM (#12739607)
Seems like they become de facto law at that point.
Re:The Government’s Addiction to ‘Secret Law’ by rayiner on Wednesday October 19, 2016 @09:35AM (#12743604)
Not at all. A "law" is where the government tells you or I what to do in its capacity as the government. These directives are where the government leadership tells its own organs and employees what to do in their capacity as leaders of a large organization.
Re:The Government’s Addiction to ‘Secret Law’ by rhizome on Wednesday October 19, 2016 @02:54PM (#12746613)
Right, I know how the legalistic mind works. My point is about where "its own organs and employees" meets the citizenry. Leadership means these things permeate the org chart, and you can't segregate this stuff into a closed box of "their capacity as leaders."