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Re:When radio was king, many outlets chose to stop broadcast... by lordnacho on Tuesday January 19, 2021 @01:50PM (#25837065)
It could never be written into the constitution, but it's still there as an essential element of making decisions together.

The concept you're looking for is "good faith". And faith is what it is, you can't have evidence for what went on in the inspector's mind.

Good faith is basically the goodwill be give each other that we're deciding things according to what we say we're deciding things by. If you're judging a figureskating contest, you are supposed to do it based on the desire to promote good technique and artistry. If you do it based on who you think looks good, nobody will ever know, they can only suspect it after you've given full marks to a few good looking people with bad technique.

Once that is undermined in a society, we end up with a mess, because just about every decision can be questioned as a political move, which is what is happening in the US.

Take that appointment of Merrick Garland. How many people now think that it was a good faith decision to not hold a hearing for him? Is it believable that people opposed the hearing for non-partisan reasons? I think it's hard.

Re:When radio was king, many outlets chose to stop broadcast... by motohagiography on Tuesday January 19, 2021 @02:57PM (#25838031)
This "good faith" issue is written into many contracts, and a lot of rules just collapse without a basis in shared principle. What I see is a kind of moral legalism, where people essentially litigate their positions to greater and greater powers as a means to wield their dominion, and this is the very essence of faithlessness.

Whether it is a constitutional appeal to freedom of speech, or political "ratfucking," by people who hide behind societal penalties for any violence, the spirit of mendacity and sadistic antagonism is the same. That good faith principle is the only thing that enables societies to be governed with consent instead of just ruled over as interchangeable subjects.

When we dispense with principles and their honourable spirit, we dispense with the only meaningful thing separating people from animals.

Re:When radio was king, many outlets chose to stop broadcast... by thelastwave on Tuesday January 19, 2021 @03:04PM (#25838127)
I don't think anyone seriously questions whether the non-approval of Merrick Garland was done in good faith or not. Rather, the phraseology used is whether it was constitutional. McConnell didn't use a pretext, he flat out acknowledged what he was doing, and that it was constitutionally his prerogative.
Re:When radio was king, many outlets chose to stop broadcast... by kennywinker on Tuesday January 19, 2021 @03:32PM (#25838499)
But much of government and society runs on precedent and tradition. What mcconnel did was constitutional, but the reasons he gave were not authentic, or he would not have approved Amy Coney Barrett for the same reasons he gave for not approving Merrick Garland. Those reasons matter. I.e. if a cop lets you off with a warning because “you were only going 10 over the speed limit”, and then gives someone else a ticket for going 9 over the limit, yes both people broke the law, but that is likely corrupt behavior to punish or excuse one of those speeders, or to meet a secret quota
Re:When radio was king, many outlets chose to stop broadcast... by AnimalMuppet on Tuesday January 19, 2021 @03:37PM (#25838558)
If I understand correctly, the precedent actually is to go ahead with a Supreme Court nomination if the President and Senate majority are of the same party, and not if they are of different parties. Barrett and Garland are both following precedent.
Re:When radio was king, many outlets chose to stop broadcast... by kennywinker on Tuesday January 19, 2021 @06:21PM (#25840340)
Mcconnell’s statement (february 2016) was:

> The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president

On September 26, 2020 Amy Coney Barrett was nominated and confirmed a month later - barely over a week before the election.

Re:When radio was king, many outlets chose to stop broadcast... by AnimalMuppet on Tuesday January 19, 2021 @07:24PM (#25840965)
Yes, that's what he said. That doesn't make what I said untrue, though...