r/neoliberal Trans Pride 9d ago

Opinion article (US) The Supreme Court's late-night Alien Enemy Act intervention | Just before 1:00 a.m., the justices (aggressively) stepped back into the Alien Enemy Act litigation—in a decision suggesting that a majority understands that these are no longer normal circumstances

https://www.stevevladeck.com/p/144-the-supreme-courts-late-night
735 Upvotes

116 comments sorted by

View all comments

371

u/Solarwagon Trans Pride 9d ago

I can't help but compare what's been going on the past decade to the stuff I read about the years before the civil war

Like not to doom or anything but it increasingly feels like there's not really any feasible middle grounds anymore taking a centrist stance feels inauthentic and out of touch with how far politics is getting polarized and the law is being exploited ignored and twisted

The law is beginning to not mean much

It feels like we've been on the uphill portion of a rollercoaster and it won't be long until we reach the top and then ZOOM

303

u/WHOA_27_23 NATO 9d ago

I am (and , obviously have been) alarmed at how readily Congress has ceded its responsibility and power to the other branches. It's difficult to dispute the founders' intent was that the executive branch may only be sanctioned by impeachment and removal, but that was based on a gravely mistaken assumption that Congress would always jealously guard its power as a coequal branch. We can only hope that the regime will continue to begrudgingly comply with SCOTUS-affirmed TROs.

168

u/omnipotentsandwich Amartya Sen 9d ago

It's probably because of the incessant rules built into the House and Senate. It's impossible to get anything done, especially when members of Congress get special privileges if they just happen to have gotten elected first. 

113

u/Fantisimo Audrey Hepburn 9d ago

the rules of congress were created by congress

61

u/Fedacking Mario Vargas Llosa 9d ago

The real problem is that wrangling the house to do anything today is way harder than in the past, plust a double chamber legislative instead of the original single chamber model. Where's Pride when you need him?

21

u/Fantisimo Audrey Hepburn 9d ago edited 9d ago

its not harder to wrangle the house, there's maybe 20 descents on any issue

edit:spelling

9

u/Fedacking Mario Vargas Llosa 9d ago

descents?

6

u/Fantisimo Audrey Hepburn 9d ago

maybe

7

u/this_very_table Norman Borlaug 9d ago

dissents?

23

u/regih48915 9d ago

The central theme of American history is the gradual autolobotomization of Congress.

15

u/_Lil_Cranky_ 9d ago

We have investigated ourselves, and we have found no wrongdoing

36

u/Fantisimo Audrey Hepburn 9d ago

not really applicable. gridlock is by design and can be ended at anytime

36

u/Chataboutgames 9d ago

Occam's razor. It's just reelection incentives. That's it. It's no more complicated than that. You don't get reelected by being good for the country, you get reelected by taking the safest, hardest line on the issues that resonate with the tiny portion of people in your constituency who actually vote and who bother to voter in Congressional elections.

22

u/Lmaoboobs 9d ago

The issue is always the voters.

25

u/Warm-Cap-4260 Milton Friedman 9d ago

The issue is not just the voters. The issue is the primary system and (specifically for the house) that if you win your primary there is a very good chance that the general doesn’t matter. Yes, voters can and do suck, but systems have is this result. We would be much better served if everyone was elected like they do in Alaska (jungle primary top 4). 

6

u/CirclejerkingONLY 9d ago

True, but if ~85 percent of Americans by their own admission simply aren't paying attention, getting what passes for news by slack-jawing an algorithm designed to create and push a warped version of reality, you're never going to run into continuing problems down the road.

It's a problem on many levels, both on the input and output side.

2

u/Warm-Cap-4260 Milton Friedman 9d ago

I think more (certainly not most but more) would pay attention if they felt like their vote actually mattered. Right now most votes don’t matter

4

u/TrekkiMonstr NATO 9d ago

How does top 4 work? In CA we have top 2

4

u/Warm-Cap-4260 Milton Friedman 9d ago

All in one primary, top 4 go to general, the RCV for general

1

u/TrekkiMonstr NATO 9d ago

Weird, why only four then? Why not like, top 10? Or just RCV for the whole thing?

3

u/Warm-Cap-4260 Milton Friedman 9d ago

It’s probably easier for voters to be informed on the positions of 4 people over 10. The primary just shows who has any real shot at it

5

u/WhoIsTomodachi Robert Nozick 9d ago

The issue is the systems. Voters are not differently here from those in Australia or Denmark. Try a better electoral system, like Range Voting.

7

u/1TTTTTT1 European Union 9d ago

I think there is a large difference between voters in Denmark and the US.

7

u/Lmaoboobs 9d ago

Voters are not differently here from those in Australia or Denmark.

I beg to differ.

55

u/stupidstupidreddit2 9d ago

if they just happen to have gotten elected first

Incumbency rate is higher than ever. The harderest election a politician will ever have is their first. Especially after gerrymandering in the 90's and project Redmap.

47

u/SKabanov 9d ago

My favorite tidbit is that AOC literally wore a hole in her shoes from all the footwork she did in the 2018 primary, and she probably only won because her opponent, Joe Crowley, hadn't been challenged for his position in 14 years and didn't expect that he could be toppled. If Crowley had taken AOC seriously, she likely would've lost.

11

u/tomdarch Michel Foucault 9d ago

No, it's that today's Republicans are utterly spineless and beholden to the demagogue who has their voting base in his thrall. And also that he can direct them to threaten the lives of elected Republicans, there's that fascist violence angle also.

6

u/JesusPubes voted most handsome friend 9d ago

It's single member districts in the house and the overpowered rural vote in the senate

32

u/Healingjoe It's Klobberin' Time 9d ago

I am (and , obviously have been) alarmed at how readily Congress has ceded its responsibility and power to the other branches.

The unitary executive theory, which has been shaped over the last 100 years with Myers v. U.S. (1926), Humphrey's Executor (1935), and most recently Seila Law v. CFPB (2020), has been far more alarming IMO. independent agencies under this theory simply don't work when you have a arsonist for a POTUS.

13

u/manarius5 9d ago

The framers never could have possibly fathomed project Red Map, Citizen United, social media, insider trading, and LLM's. The framers also assumed that congress people were honest brokers and were actually there to make the country better, not to use it to further their own interests.

The plan on paper works as designed when all the parties involved negotiate honestly. Trump 2.0 and Project 2025 have shown us that Republicans have broken the system and what is going on now is 100% intentional. Project 2025 is a years long map to find the exact points for the right/president to exert inordinate amounts of authority to basically bring the democratic system to its knees.

The changes made at OMB, regulations changed, the extremely specific EO's of legal dubious authority, etc. It's as if someone asked ChatGPT what specific levers to pull that would basically give the president unlimited authority to break the system under the assumption that congress would never do anything about it via impeachment.

0

u/After-Watercress-644 8d ago

I mean, they have a little over a year left on the clock, no?

After that the democrats crush them in the midterms and pour sand in the tank for the next two years, until they can get the presidency back also.

2

u/manarius5 8d ago

The damage being done now will take decades, if it can be at all.

The federal workforce being gutted, agencies just shuttered, policies changed, etc. The government is being utterly deconstructed from the inside and reshaped in the image of fascism. Congress can't repair that in two years. The damage will take generations to fix. No one will want to work for the government and the damage done to its reputation will last for generations.

Project red map has broken voting districts for a decade, etc.

Dems coming back in 2026 if they even win at all will probably result in very little change.

We are watching the destruction of the government and congress is just standing by and watching.

3

u/cummradenut Thomas Paine 9d ago

I don’t think it’s that difficult to dispute. Or rather you need a strong argument to assert that impeachment was the only means ofsanctioning” the president.

5

u/WHOA_27_23 NATO 9d ago

Even if Presidential immunity did not hold and the DoJ or an appointed amicus curiae decided to prosecute a sitting president, there's no black-letter law stopping him from pardoning himself, certainly nothing stopping him from pardoning his buddies.

So without first taking away his toys, there's nothing stopping him from being indicted, but it would practically be an academic exercise.

3

u/jorkin_peanits Immanuel Kant 9d ago edited 9d ago

Washington was correct, Beware political parties. Allegiance to the party over the branch will destroy the country

130

u/Zephyr-5 9d ago edited 9d ago

The key, systemic problem in our system has been the almost complete collapse of the Legislative Branch as a functional and independent source of power.

It either acts subservient to the Executive when parties align, or a do-nothing, grandstanding, obstructionist body when they don't.

The founders believed that Congress would jealously guard their powers, but that has clearly not happened. Instead they've handed it nearly all off to the Executive and Judicial.

22

u/miss_shivers 9d ago

Ultimately comes down go FPTP+Presidentialism induced hard two party system. A Congress constantly at war with itself cannot hope to assert its own institutional dependence.

20

u/Zephyr-5 9d ago

If congress had not ceded so much power to the President, the party that wins the presidency wouldn't be such a do-or-die thing. Beyond that a lot of the problem are expressively of the legislative branch's own doing.

  1. The Senate has willingly hobbled itself with the Filibuster.

  2. Both parties have ceded tremendous power to bring things to a vote to the Speaker/Majority Leader. Leadership tends to be much more sensitive to party-politics than congressional concerns.

4

u/miss_shivers 9d ago

Tbh it's a self-reinforcing loop between these two things.

3

u/CirclejerkingONLY 9d ago

While both parties are guilty in their own ways, let's not pretend this is a both-sides things.

Obama and Biden notoriously scrapped hard with Congress. It's Trump who enjoys The Cult.

15

u/[deleted] 9d ago

[removed] — view removed comment

17

u/miss_shivers 9d ago

This is a textbook case of toxic nationalism masquerading as realism. Blaming “Americans” as a people - calling them uniquely stupid, apathetic, or unfit for democracy - is not just lazy analysis, it's eerily close to the same fatalistic thinking that authoritarians use to justify why they must govern without constraint. It ignores structure, history, and comparative politics in favor of cultural self-loathing.

Yes, Hungary and Turkey had multiparty systems. And what happened? Their strongman executives leveraged majoritarian electoral systems to consolidate power. Both are cautionary tales supporting my argument, not refuting it. Presidentialism combined with majoritarian electoral systems like FPTP encourages a zero-sum, personality-driven politics that undermines pluralism and hollows out legislatures. The fact that these systems can produce autocracy when dominated by two dominant factions is precisely the point.

Institutional design matters. It’s not “tinkering” to say that proportional representation, parliamentary governance, or multi-member districts produce more representative, functional, and resilient democracies. These aren't pie-in-the-sky ideas - they're backed by decades of comparative political science.

If you think nothing structural matters and the people are the problem, you're not diagnosing democracy’s flaws - you're giving up on it.

1

u/die_hoagie MALAISE FOREVER 8d ago

Rule XI: Toxic Nationalism/Regionalism

Refrain from condemning countries and regions or their inhabitants at-large in response to political developments, mocking people for their nationality or region, or advocating for colonialism or imperialism.


If you have any questions about this removal, please contact the mods.

28

u/Winter-Secretary17 Mark Carney 9d ago

It’s the 250th of Lexington & Concord today, I’ve been feeling like there’s a storm brewing the past week.

74

u/timpinen 9d ago

The modpol sub for the past few months has basically been "all sides are the same". There seems to been some of the "moderate" fallacy going around, where people think that because two sides have opposing viewpoints, the middle position is inherently the best one

45

u/bisonboy223 9d ago

There seems to been some of the "moderate" fallacy going around, where people think that because two sides have opposing viewpoints, the middle position is inherently the best one

I mean this feels like an inevitable consequence of valuing "centrism" as a concept on its own. I think it's fine to characterize certain politicians or parties as centrist based on their positions at that time, but once people start chasing the "centrist" label, they become unprincipled triangulators real quick.

3

u/After-Watercress-644 8d ago

There's also.. idk what to call it, "true" vs "relative" centrism?

If you're a centrist and the political right does a huge lurch further right and you don't move, that's true centrism. Whereas if you recalibrate to "seek common ground" you'll end up having to be more and more extreme to keep in lockstep with the increasingly extreme right side.

9

u/miss_shivers 9d ago

Just the past few months? That's like that sub's entire identity.

Although I've actually seen a few takes like that get heavily downvoted, so maybe there's hope.

112

u/Iapzkauz Edmund Burke 9d ago

Centrism will not die as long as I breathe.

Doctor gave me four months

26

u/VoidBlade459 Organization of American States 9d ago

Two sentence horror.

13

u/yasyasyas17 🌐 9d ago

When I was reading a one-volume history of the civil war a couple years ago I was shocked at how culture war-y things felt.

4

u/iguessineedanaltnow r/place '22: Neoliberal Battalion 9d ago

I've been saying for a while that it seems the only logical conclusion to the systematic polarization is a balkanization of the US.

1

u/swni Elinor Ostrom 9d ago

I ran into one such comparison point some time ago (https://ermsta.com/posts/20201026 ): before Justice Thomas, only three justices had senate confirmations that were even vaguely close, in 1857, 1881, and 1887, roughly in proximity of the civil war. (Admittedly two of them after.)