US regulator considers stripping Boeing's right to self-inspect planes
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Absolutely! Any form of government that depends on an unbroken line of "good people" in power will fail, and fail much sooner than anybody thinks. Modern China has already reached the end of their system, a scant 50 years after Mao Zedong.
"Ambition must be made to counteract ambition". And government should only have as much power as you think the worst possible people in charge should have. Otherwise, people suffer.
This immediately falls apart, by that logic we should literally have no government or society to speak of. "Only as much power as you think the worst possible person should have" would mean literally no power - there isn't a single decision in my life I would pass off to the worst person I could think of. What you're describing is anarchy.
You build checks and balances, but you cannot have a functioning government without the assumption that the people you put in charge will act in good faith, but also have a reliable means to remove them from power if they act in bad faith.
That answers your concern -- that's a reduction in the power of government. The worst possible person being in charge is OK if that person cannot unilaterally make things worse for everyone. I don't think it necessarily describes anarchy, though I do take your point.
As for people acting in good faith, well, POSIWID[0] is a thing; ideally the system should be designed such that it shouldn't matter whether any individual within the system is acting in good faith or not, because the incentive structures set up therein will lead to positive outcomes. Besides, for any politically divisive topic, someone will always think you're acting in bad faith, anyway.
[0]: https://en.wikipedia.org/wiki/The_purpose_of_a_system_is_wha...
This is actually the point though.
You shouldn't have to give power to an individual. If you're going to, you should give that power to a group of individuals who have to agree for the thing to move forward.
And then have checks on that group as well.
I live in South Carolina and one of the things I like about how this state works is that the governor is virtually powerless, so you never really have to worry about who is elected. There's certainly some degree of power outside of the veto, but for the most part the real power is with the state senate.
There are pluses and minuses to it. On the plus side, it means that things are slower to change. On the minus side, it means that things are slower to change.
Basically a figure head and a bunch of legal fictions wrapped up in the concept of "The Crown". But the real power lies with the PM and their Cabinet. But the party in charge can change the PM whenever they want, and if it ever got bad enough Parliament can change the party in charge without waiting for an election.
The PM is responsible to the Cabinet and to their party and to the rest of Parliament. It is all one big mess of ambitious people pointing guns at each other, constantly evaluating their position ahead of the next election.
That may break down a bit with modern parties and modern elections, I guess we will see if these systems still work in another couple of hundred years.
Don't be reactive to the current successful tactic. The senate GOP has organized and wields their power effectively; the governor has not gathered and organized power. In a different scenario, with a different people, it could be the other way.
One of the most important things for checks and balances to do is ensure the separation of commerce and state. Prevent the merger of state and corporate power.
So they must restrain the government from inhibiting competition at the behest of crony incumbent corporations. Which requires you to restrict what kinds of regulation the government can impose, when that regulation impairs competition or otherwise advantages crony corporations.
The last thing you want is to give a government official the power to do a corporation's bidding.
Especially in systems like the US where single party rule is actually attainable.
Political parties work hard to centralize and consolidate power across disparate voting districts, pushing and incentivizing their elected members to be more loyal to their party than to their districts.
Then the party as a coordinated whole just works for itself.
The whole point of having diverse representatives from diverse districts gets nullified.
National level seat limits, and cross state party limits for local elections, would eliminate any chance of single party rule and evaporate the dysfunction that spreads from seeking and holding that crown.
Not a ruling class.
I don't think society is dependent on government.
> would mean literally no power
Literally no power ensconced in the hands of a _single individual_, I think was the point.
Is that a hypothetical or are there large and successful societies around today that don't have one (or a group by some other name fulfilling the same function)?
The thing that is not mandatory, however, is the state, which is not a synonym. State-based government is centralized government, but government does not necessarily need to be centralized to the point where the result is a state.
I would argue that the internet is a society that's broader than these political borders, obviously exists, and does so entirely outside of government control.
I would suggest you both missed this definition of society.
Not at all.
Suppose the worst possible person is in the prosecutor's office. They get to decide who to prosecute. But they can't just file false charges against someone and throw away the key, they have to prove it in court with evidence and convince a jury of the defendant's peers. Moreover, we could prohibit prosecutorial misconduct and set up an independent agency for investigating and punishing it. And we could require vague laws to be construed in the defendant's favor and strike down excessively broad ones as unconstitutional.
It's possible for these checks and balances to fail -- there is some evidence that they have -- but in principle we could have stricter ones that work better. And if they work as intended, it doesn't matter how bad the prosecutor is, they don't have the power to cause harm, and they themselves are punished if they try to exceed the limits of their power.
But if they just do their job, i.e. investigate crimes and prosecute the offenders, they do have the power to do that.
And so it is with any other office in the government.
It is good that our system biases toward avoiding wrongful conviction but there’s no check that forces a party to “do their job.”
While you can't ensure an individual does their job, market forces and competition can ensure the job gets done (by someone).
But this is intended as one of the checks and balances. If the legislature passes an unjust law or one with unjust applications, the prosecutor can exercise their discretion and not enforce it, acting as a check on the tyranny of the majority.
You could remove prosecutorial discretion and require prosecutors to proceed against anyone someone wants to file charges against (let the judge and jury sort it out), but now you're making a trade off against something else.
Notice that this applies to any of the rest of it. Congress could refuse to pass a law that makes sense because their cronies benefit from the status quo etc. But the concern here is that the government has an unprecedented capacity to do harm because it exercises a monopoly on violence. If the prosecutor's buddy is a serial killer, you can still exercise your right to self-defense, or avoid being alone in public. If the prosecutor's buddy is allowing your company to not pay you for hours worked, you can sue them yourself, or quit. All while lobbying the government to replace the prosecutor. If you're falsely imprisoned by the government, what are you supposed to do?
Trump is probably one of the “worst”* people and held the highest office. And yet despite the fact that it happened, the US is still chugging along. Bad things happened but the quality of life is similar to pre-trump presidency (as long as you are willing to discount for covid’s impact on the world).
*Some say there are worse ppl than djt, but I argue very few has his combination of badness + boldness + tenacity. A bad+meek person thrust into presidency would probably just go with the flow.
And are male, of course.
until the next election occurs we haven't really seen the effect of the damage done in 2020
1 in 3 voters no longer believing that the electoral system is fit for purpose ("the election was stolen") is really very scary
That’s some real fascism.
The reason Trump is popular is because he is willing to lie and make false promises in order to gain support. Any one can do this, you just have to have no moral boundaries and some charisma. For example how Enron, Theranos, and that crypto guy are able to defraud billions of dollars from investors.
This describes pretty much every politician who ever had to be democratically elected. Has any other American president behaved differently?
Let’s not forget that trump is a known associate with convicted child rapists Epstein and Maxwell.
The best guy to be president is probably an average unnamed dude chillin somewhere.
I don’t have any connections with child rapists. Do you? Then already as a starting point we can be better than Trump.
But a free market cannot exist in the absence of regulation, and regulation is a form of government.
As you are using the term "regulation" (see below), this is false. A free market is in fact exactly what you do get in the absence of government regulation: all transactions are voluntary. Only governments can force people to engage in market transactions they don't want to engage in, or prevent them from engaging in market transactions they do want to engage in.
> regulation is a form of government
Not necessarily. A true free market is regulated by the voluntary choices of all of its participants. No government is required. Government regulation replaces or overrides regulation by voluntary choices of market participants.
I don't think laws against crime were the sort of regulation of markets that the post I responded to was talking about. But in any case, if the existence of crime is sufficient to make markets not free, then free markets don't exist with government any more than they would without it.
No, you don't. At least not for very long. In the absence of regulation, a free market will always devolve into monopoly as one player leverages their advantages to absorb more and more of the market. This effect snowballs -- the more successful a company is, the more easily they can monopolize ever larger parts.
And that's not even mentioning that in the absence of regulation, companies will engage in profitable activities that are very harmful for everyone. Environmental issues, externalizing business costs, etc.
And it does not seem so unlike the initial intentions for the country either.
If you frame it as anarchy it sounds like screaming chaos. But consider for a moment that the vast majority of laws that exist that are enforcable now only recently came to be.
I had fiber to my condo a decade ago in Thailand, but still don’t reliably in the US.
Regulations and government monopolies on poles and conduits slow development at the same time they reduce fires and clutter on the poles. (Whoa are there some real tangles in Thailand.)
There’s a reasonable debate on where and how much we should regulate things.
Regulation raises costs, and raises price floors. Generally you gain some quality, but don't see the ghost it unleashes.
I understand we need building codes in cities so fires don't burn down all of New York, and train, plane, drug inspection laws. But I think overall, non-violent crime in the world is absolutely over-regulated.
For some reason people usually assume there are no costs to regulation, and only benefit. I think its a just psychology. Regulation is a thin line that requires dancing on. Always assume there's a ghost cost behind a decision, even if it seems harmless. Even something as well intended as banning candy from the front of grocery stores to cut childhood obesity could unroll into a huge problem as each actor solves their local issue, and generate an emergent behavior. I'll function as an annoying representative of this concept.
> people usually assume there are no costs to regulation, and only benefit
This is an under-emphasized point. So often, well-meaning laws and regulations achieve some kind of visible social benefit paired with some invisible social costs.
Similarly to how some claim that certain companies have learned to "privatize the profits, socialize the losses", you could say that politicians have learned to privatize the visible benefits and socialize the invisible detriments to any policy.
The problem with anarchy is that it will get toppled by a group - probably internally to the society - that is organised and forms a standing military. Organised factions tend to grow. The US is creeping in the same direction as a group like the USSR or China - an overdeveloped and too-powerful central bureaucracy - but much more slowly because it started from a well designed system with lots of checks and balances. But just because centralised power tends to be stable doesn't mean it is good, decentralised power is much more pleasant to live under.
So the ideal government is anarchy, the practically ideal government is as close to anarchy as we can get without being destabilised by a military, and the reality of the situation is militarys form and tend to move away from anarchy towards tyranny. But that doesn't make them good.
The benefits of anarchy get “toppled” the first moment someone violates another persons freedom, leaving them no recourse but ad hoc retaliation, and the unlimited risks of further repercussions to themselves and those they care about. Assuming they are left in any shape to do so.
No group needed.
If a corporation pollutes the air, you're being forced to breathe polluted air. It's not in your interest for them to pollute the air, but it's in their interest because it's cheaper and they value money over incrementally cleaner air. Then you need a means to stop them from doing something they find to be in their own interest, because it isn't in yours and you didn't consent to it.
The problem with this is that if you extend it to its logical conclusion, now you're not allowed to breathe because I didn't consent to you emitting CO2 from your lungs.
The key here is to limit the government to the things that are both important and can only be feasibly accomplished through a monopoly on force. Prohibiting violence and monopolies, pricing major externalities, funding certain types of fundamental research, etc.
Not prohibiting entirely consensual behavior or micromanaging marginal commercial activity or impairing your view of the bay by having the gall to construct housing during a housing shortfall.
There can be some disagreement around the edges on what these things are, but the real hard part is finding a way to create checks and balances effective enough to resist when a wave of populism wants to stop imposing all of these restrictions on Their Guy. Because the thing that follows that is invariably centralization of power, corruption and injustice.
Not at all a settled point. There is a strong correlation between air pollution and rapidly improving quality of life. I think it probably is in my interest. The best salary I drew in my life was when I lived in the region with the worst air pollution and that wasn't an accident.
I think the evidence suggests governments have crippled society's capability to improve itself, in part through over-regulation of environmental issues based on faith and ideology rather than thinking seriously about what the optimal behaviour is.
There is a strong correlation between air pollution and industrialization and a strong correlation between industrialization and quality of life. That doesn't mean pollution improves quality of life, it means you want industrialization without pollution.
To take a specific example, the ban on leaded gasoline was Good. Lead is powerfully toxic, the science on this is solid, and the negative consequence of the ban is that gasoline costs marginally more if at all.
Now you can list many more examples of the EPA imposing stupid rules with a marginal benefit that doesn't even exceed their implementation costs which in aggregate significantly increase the cost of everything while having negative overall value.
But it's not physically impossible to repeal all of those and keep the ban on leaded gasoline. The question is how to accomplish that in practice, and to maintain that as a stable equilibrium.
If we have the option of industrialisation without pollution, why are the corporations polluting the air in your example? Nobody pollutes for the sheer joy of annoying their neighbours. The issue we face in the modern world is nobody knows how to do industrialisation without pollution. Governments banning pollution has just stifled industrialisation. Industrialisation and pollution is a better equilibrium point for all of us than the slow choking out of industry.
The natural market equilibrium is typically fast improvement. Moving away from the equilibrium because the elites are inconvenienced by the side effects is rarely a good idea. I'll give you leaded fuels were a mistake, but by and large the anti-industrial policies have been more harm than good.
Because it costs less. You can install a catalytic converter on a car and it substantially reduces certain types of pollutants, but catalytic converters cost money.
This is a tragedy of the commons problem. The emissions from your car over its lifetime cause e.g. $0.01 in damage to everyone in the city including you, which is a million people, so you'd be causing $10,000 in damage, and breathing the exhaust from a million cars over the same period would be causing $10,000 in damage to you. But breathing the exhaust from your car would only be causing $0.01 in damage to you. And a catalytic converter costs e.g. $500.
So you're better off if everyone has one including you, because you pay $500 and don't have to suffer $10,000 in damage. But you don't get the same result as an individual choice, because you'd rather suffer $0.01 worth of incremental damage than pay $500, and then what anyone else does is out of your hands, but they have the same individual incentive as you.
> The issue we face in the modern world is nobody knows how to do industrialisation without pollution. Governments banning pollution has just stifled industrialisation.
What we haven't figured out how to do is regulate pollution efficiently.
If you leave it up to individual choice it's a tragedy of the commons, but if you give it to elected officials it's the opposite problem. Someone proposes a rule that would impose enormous costs on the industry to prevent only 5% that much total damage. This isn't worth it, the cost/benefit is way underwater, but if you put it up for a vote, 95% of people don't work in the industry and don't care if they drive it out of the jurisdiction, so it passes.
So you need some kind of additional constraint on what regulations can pass that require them to survive a cost/benefit analysis, and we don't currently have an effective system for that. Maybe something like: The government has to provide a cost/benefit analysis for each provision of each regulation, provisions with negative expected value are stricken, and you can sue the government if their cost/benefit analysis is in conflict with reality.
That is transparent bullshit [0]. The west hasn't been competitive at producing cars in 40 years and all the benefits of the industrial know-how flowed to Asia where they've built several civilisations worth of capital. I'd be much better off if we'd adopted pro-industrial instead of pro-environmental policies and captured the growth ourselves. The Asians have consistently been building wheeled scrap boxes, working them up to something that meets western standards later on after the industrial foundations are in place; it is these regulations that are killing us and distracting attention from the process efficiencies that actually make people better off.
The tragedy of the commons here is that competent people have to share a regulatory framework with the same naturalists who would have turned back the industrial revolution because they thought coal was too polluting. We're still fighting those fools off centuries later and it was absurd to ever give them the time of day given the destruction they have wrought on our industry.
And this isn't even considering that by mass western governments are welfare and warfare. This sort of administrative trivia is the most civilisationally crippling but not really what "the government" is by budget.
[0] Although on reflection, I'm not sure if that makes it better or worse than the more traditional opaque bullshit. If I were being less inflammatory I might say "you've forgotten to account for the positive externalities of cheap processes; which are decidedly nonlinear and really quite important at the low end of the cost curve".
The problem is the worst people NOT IN GOVERNMENT already have more power than that, and can thus easily crush such a government and turn it into a de facto oligarchy.
Which company or individual has nuclear weapons? Could send you to war like Russia in Ukraine to die? Could print as much money as they want. Can raise arbitrary taxes and people have to pay or you just incarcerate them. Can send you to prison. Spy everything you do by force.
Governments can kill you, rob you, kidnap you, spy you, without consequences.
I don't know any individual or company with as much power as Governments have.
> Ambition must be made to counteract ambition
Sounds nice but it’s fundamental a recipe for getting nothing done. And just because the government doesn’t do it doesn’t mean it won’t be done. Private entities, with far fewer restraints (any ambitions to restrain them are of course counteracted) will naturally fill in the gaps. It’s why the US has private companies selling expensive tax software rather than a simple system which would benefit everyone.
I do not think you have picked a good example. Mao was a pretty nasty piece of work. The relatively prosperity of modern China is the result of abandoning his ideology - and a large chunk is the result of reversing the damage he and his followers did.
There has been no line of good people in communist and post communist China. It failed from the start.
Still, I can totally see the UK’s democracy devolving quickly, if in the decades and generations ahead governments trend towards authoritarianism.
the political instability was an unintended consequence of a small change in 2011: the Fixed Term Parliaments Act
the Act removed the ancient power of the PM to call an election early (ironically intending to provide stability)
it resulted in a situation where parliament couldn't agree on anything with the usual way out (government calling a general election) no longer possible
the Fixed Term Parliaments Act has now been repealed, so hopefully this was a one-off
The words "right" and "wrong" in that sentence could make light of the Ardblair stones.
They all depend on this. There is no set-it-and-forget-it algorithm that you can put in place that self-perpetuates good government. There are "people" at every point along the chain of any government including those writing its laws, enforcing them, interpreting laws in court and in many bureaucratic institutions that may or may not ignore these rules or undermine them.
I think every system has a life-cycle like an organism, and some aspects of degradation and corruption are almost unavoidable in practice if not in principle.
Off topic, but are you implying that Mao was 'good people'? It seems that for the Communist 'dynasty', it fell apart immediately - that is, it never got anywhere. I'm not sure the Communist dynasty is any worse than the Qing or Ming or others before it, at least in that respect.
No; Mao was a dictator, and the country suffered so much under him that there was an informal agreement between the leaders of the country after him that power should be distributed among multiple people (the Politburo), and that no one person acting as the paramount leader should be in power for over 10 years.
That system lasted for roughly 50 years, with Deng Xiaoping, Jiang Zemin, Hu Jintao, and Xi Jinping at the helm. The last of whom, of course, decided he didn't want to be bound by that pesky 10 year thing anymore. So there was a short streak of "good people", which is over.
That doesn't make real sense to me, because that means that government is impossible. I prefer the idea that "desire for office should be disqualification for office."
> The only way to have a sustainable government is to have strong checks and balances
this is a very US centric view
constitutional monarchies seem to work as well, if not better by the various democracy/stability indicies
> Any government that depends on human virtuousness will fail.
the near term survival of the current US system certainly looks far from certain at present
The US system is notoriously bad to get working and really seems to only work for the US. Anywhere else we have tried it has ended with some kind of failure. However, it's reasonable to call the parliamentary systems like the UK republican democracies and those have been emulated else where with a higher degree of success.
it's the other way round, by the time of the rebellion absolute monarchy was long gone, the things the colonists didn't like were being passed by parliament
the US then gave its presidency more power than George III would have dreamed of
(in practice the presidency also seems to be prone to dynasties)
In terms of power then George III would have dreamed of - yes, we live in a era when the power of government is still orders of magnitude greater then what anyone could have imagined at the time.
The Civil War (1642-1651) was the last attempt at absolute monarchy in England
then Bill of Rights (1688) put it well and truly to bed when Parliament decided they didn't like the current king and picked someone else, simultaneously stripping them of their powers
it was well and truly dead by the time of the rebellion
of course it did
I suspect my English history is better than yours!
Wow. I feel foolish to have not come to that same conclusion until now despite knowing the same sets of facts as you. Great point.
We're not talking about absolute monarchies. For one thing, doesn't really matter how selects the government. It also doesn't really matter for absolute governments if power is inherited, inherited without acknowleding like North Korea, or says is President.
https://www.reddit.com/media?url=https%3A%2F%2Fi.redd.it%2Fo...
Microstates don’t count.
Remember, the authors of the constitution (large overlap) stated on the record that they expected they got a lot of it wrong, and expected large swathes of it to be amended and replaced once actual experience was obtained.
Yes, for those on one side of the spectrum the ruling orthodoxy is textual originalism. The founders themselves would have told the modern Supreme Court that it's bonkers.
> expected large swathes of it to be amended and replaced
Would they have? There exists a mechanism to amend the Constitution, and it seems reasonable to me that the Supreme Court would insist on textual originalism until the text is amended through that legal process.
"The question Whether one generation of men has a right to bind another, seems never to have been started either on this or our side of the water… (But) between society and society, or generation and generation there is no municipal obligation, no umpire but the law of nature. We seem not to have perceived that, by the law of nature, one generation is to another as one independant nation to another…
On similar ground it may be proved that no society can make a perpetual constitution, or even a perpetual law. The earth belongs always to the living generation…
Every constitution, then, and every law, naturally expires at the end of 19. years. If it be enforced longer, it is an act of force and not of right."
That's one founding father to another. Funny how the "originalists" never bring this quote up. It's one founding father, later our 3rd president, writing to another founder who would later be our 4th.
Edit: Here's the full letter, and it's actually from late 1789: https://founders.archives.gov/documents/Madison/01-12-02-024...
This is why things like Roe V. Wade are (/were) so controversial. Does the Supreme Court have the right to imagine new rights to abortion with no textual basis in the Constitution? Even RBG didn't think so. OTOH, given the recent election results, Abortion is finally starting to become settled law - something the USSC could not do. Democracy works again.
That said - they got far more right then wrong, and ditching the lessons they learned first are a big reason we are in the state we are in now.
Once upon a time, leaders actually had to learn history to be leaders. Now-adays, not so much.
It seems to me that if we can accept that then we've already accepted that the Supreme Court can imagine new rights with no textual basis in the Constitution. After all, the Constitution isn't meant to describe an exhaustive list of rights so much as maximally bind the Federal government as to what rights it is allowed to abridge. So the concept of "rights having a textual basis in the Constitution" is nonsensical, ̶a̶s̶ ̶t̶h̶e̶ ̶C̶o̶n̶s̶t̶i̶t̶u̶t̶i̶o̶n̶ ̶i̶t̶s̶e̶l̶f̶ ̶c̶l̶a̶i̶m̶s̶ ̶t̶h̶a̶t̶ ̶r̶i̶g̶h̶t̶s̶ ̶a̶r̶e̶ ̶g̶r̶a̶n̶t̶e̶d̶ ̶b̶y̶ ̶a̶ ̶"̶C̶r̶e̶a̶t̶o̶r̶,̶"̶ ̶n̶o̶t̶ ̶a̶ ̶g̶o̶v̶e̶r̶n̶m̶e̶n̶t̶.̶ (edit: ... ok that was in the Bill of Rights my bad but still, rights aren't defined by the Constitution.)
Also, RBG believed abortion could be supported as Constitutional right, but she preferred an argument on the basis of equal protection over the arguments from privacy that underpinned Roe V. Wade, which she believed were too weak and easily undermined (and she was correct.)
The only relevant question per the Constitution is not whether the right to an abortion exists, but whether the Federal government should be allowed to interfere with that right, whether states should be allowed to interfere with that right, or whether that right should be left in its default state of being claimed by the people.
No, there's another question on abortion. Is abortion a right that anyone should have? Bluntly, is it murder, or not? If it's murder, then it's not a right that anyone should have, whether or not that inconveniences the mother.
So do you regard the fetus as human (and therefore entitled to the same protection as other humans), or not? That's not a question that you can answer by law, or by constitution. That's a religion/philosophy/worldview question, on which there is no consensus. Which is why the abortion question is such a mess.
But nothing short of resolving "is it human, or not?" is going to solve the question. If it's human, then killing it is murder, and compromise is completely unacceptable. You just don't compromise on murdering people.
You're oversimplifying the argument, because not every case of killing another human being is considered murder. "Murder" is a legal construct. The right to kill another human being does exist in certain circumstances, such as in self defense, warfare or capital punishment, but the right to commit "murder" does not. The US has an entire Constitutional amendment to protect the right of people to kill other people "in defense of a free state."
Even if one does concede that a zygote at the moment of conception is fully equal to human being, it still doesn't follow that abortion is murder. Especially not when the health of the mother is threatened (which would arguably make abortion in that case a matter of self defense.)
And it's honestly weird to me that shooting a person will be defended to the ends of the earth by Americans as sacrosanct, while in numerous states it's now a crime to even search the web for a morning after pill, and women are forced to carry even stillborn fetuses to term. Let's not pretend there is even an objective definition of "human" in regards to American jurisprudence, there never has been.
As to whether someone should have that right, it exists whether anyone wants it to or not. The question at hand is whether government should be allowed to abridge that right, or made to respect it. I believe there is no argument that the government should be allowed to abridge the right to abortion if the test is strict constitutional originalism, and the intent of the founders relative to their culture. When the Constitution was ratified, abortion was seen as a personal choice, shameful in the way that everything related to women was shameful, but not illegal. Rightly a matter left to the people.
If you can't understand the other side's view, you can't do anything but fight them to the ends of the earth. Well, it's been 51 years since Roe, and you still haven't won, so maybe you should re-think that approach.
I think I understand the other side's view more than you understand mine, since you seem to be arguing against some strawman anti-abortionist living rent free in your head, and I at least put in a good faith attempt.
And as far as approaches go, attacking the person instead of their arguments will doubtless score you points on the internet, but it won't convince anyone of anything. But I guess you're correct that I can't argue with results. You don't have to convince anyone when you can just force the issue through a cabal of unelected judges by fiat.
So there's a real issue here, not just "strawman anti-abortionist" stuff. It's something that actual anti-abortionists believe. Not just a few, either.
You're not going to persuade them by telling them that "murder is a social construct". (In fact, that argument is completely off-point, because "legal" is a social construct, and the argument is whether abortion should be legal.)
And if you think that there is a right to killing that goes beyond self-defense, they're not likely to agree with you. (I'm pretty sure I don't, either, unless you can be more specific about what kind of right you think that is and why you think we have it.)
"I never expect to see a perfect work from imperfect man. The result of the deliberations of all collective bodies must necessarily be a compound, as well of the errors and prejudices, as of the good sense and wisdom, of the individuals of whom they are composed. The compacts which are to embrace thirteen distinct States in a common bond of amity and union, must as necessarily be a compromise of as many dissimilar interests and inclinations. How can perfection spring from such materials?"
"Every idea of proportion and every rule of fair representation conspire to condemn a principle, which gives to Rhode Island an equal weight in the scale of power with Massachusetts, or Connecticut, or New York; and to Deleware an equal voice in the national deliberations with Pennsylvania, or Virginia, or North Carolina. Its operation contradicts the fundamental maxim of republican government, which requires that the sense of the majority should prevail. Sophistry may reply, that sovereigns are equal, and that a majority of the votes of the States will be a majority of confederated America. But this kind of logical legerdemain will never counteract the plain suggestions of justice and common-sense. It may happen that this majority of States is a small minority of the people of America; and two thirds of the people of America could not long be persuaded, upon the credit of artificial distinctions and syllogistic subtleties, to submit their interests to the management and disposal of one third. The larger States would after a while revolt from the idea of receiving the law from the smaller. To acquiesce in such a privation of their due importance in the political scale, would be not merely to be insensible to the love of power, but even to sacrifice the desire of equality. It is neither rational to expect the first, nor just to require the last. The smaller States, considering how peculiarly their safety and welfare depend on union, ought readily to renounce a pretension which, if not relinquished, would prove fatal to its duration."
"But this is not all: what at first sight may seem a remedy, is, in reality, a poison. To give a minority a negative upon the majority (which is always the case where more than a majority is requisite to a decision), is, in its tendency, to subject the sense of the greater number to that of the lesser. Congress, from the nonattendance of a few States, have been frequently in the situation of a Polish diet, where a single VOTE has been sufficient to put a stop to all their movements. A sixtieth part of the Union, which is about the proportion of Delaware and Rhode Island, has several times been able to oppose an entire bar to its operations. This is one of those refinements which, in practice, has an effect the reverse of what is expected from it in theory. The necessity of unanimity in public bodies, or of something approaching towards it, has been founded upon a supposition that it would contribute to security. But its real operation is to embarrass the administration, to destroy the energy of the government, and to substitute the pleasure, caprice, or artifices of an insignificant, turbulent, or corrupt junto, to the regular deliberations and decisions of a respectable majority. In those emergencies of a nation, in which the goodness or badness, the weakness or strength of its government, is of the greatest importance, there is commonly a necessity for action. The public business must, in some way or other, go forward. If a pertinacious minority can control the opinion of a majority, respecting the best mode of conducting it, the majority, in order that something may be done, must conform to the views of the minority; and thus the sense of the smaller number will overrule that of the greater, and give a tone to the national proceedings. Hence, tedious delays; continual negotiation and intrigue; contemptible compromises of the public good. And yet, in such a system, it is even happy when such compromises can take place: for upon some occasions things will not admit of accommodation; and then the measures of government must be injuriously suspended, or fatally defeated. It is often, by the impracticability of obtaining the concurrence of the necessary number of votes, kept in a state of inaction. Its situation must always savor of weakness, sometimes border upon anarchy."
"It is not difficult to discover, that a principle of this kind gives greater scope to foreign corruption, as well as to domestic faction, than that which permits the sense of the majority to decide; though the contrary of this has been presumed. The mistake has proceeded from not attending with due care to the mischiefs that may be occasioned by obstructing the progress of government at certain critical seasons. When the concurrence of a large number is required by the Constitution to the doing of any national act, we are apt to rest satisfied that all is safe, because nothing improper will be likely TO BE DONE, but we forget how much good may be prevented, and how much ill may be produced, by the power of hindering the doing what may be necessary, and of keeping affairs in the same unfavorable posture in which they may happen to stand at particular periods. "
Completely American myopic POV. Stable, healthy democracies that are unicameral parliamentary systems include Norway, New Zealand, Denmark, Estonia, Finland, Iceland, Lithuania, Portugal, and Sweden. (Most of those countries don't have strong judicial review either. Or federalism). That's without even getting into bicameral countries where the upper house is actually a lot weaker/just for show.
You don't have to separate the executive & the head of state, and you don't need to have checks & balances- that's propaganda for presidential systems. In fact I'd say the opposite is true- it's the countries with the checks & balances (by having a separately elected legislature and president) that are much more unstable and prone to autocracy. See Juan Linz on the Perils of Presidentialism
I'm willing to accept your premise, but I want an example where there isn't one overwhelmingly dominant culture. I'll accept 2 equally dominant cultures.
The problem with this argument is that Montana and Florida vote for the same political party, and then their representatives generally vote the same way once in Congress
We use FPTP, which famously does favor having regionally distinct parties. Smaller parties can get outsized seats in the legislature by running up the vote in just a few districts, whereas if they had the same number of voters nationally but were spread out they'd get 0 seats. If you looked at all of the electoral systems globally and said 'pick the 1 that favors regionally distinct parties the most', it'd be FPTP.
In the UK which also uses FPTP the Lib Dems got 11.5% of the vote nationally and 11 seats in the last election. The SNP got 3.8% of the vote and 48 seats
New Zealand isn't.
Tell me that NZ is a homogeneous place with no cultural or political divisions that make working together tricky, go on.
Every country has adopted American Republicanism with a clearly defined and written constitution that has some form of separation of powers. None of these, for example, allow the PM to act as an absolute dictator without some form of emergency. The difference is simply in whether the president has an independent mandate from the parliament or not.
the UK has none of this and its current system of government predates the US
I don't think this viewpoint can be supported empirically. The US government has much stronger checks and balances than most parliamentary systems where the prime minister is elected by the parliament. This means that there's no split possible between the executive and legislative branch. I think the result of this in the US is that the government tends to deadlock, and has a lot of difficulty compromising, which leads to dissatisfaction and instability. Conflicts heighten without compromise or resolution for decades until they reach a breaking point. In a parliamentary system, the need to build a governing coalition can result in greater incentives to compromise.
Similarly, judicial review seems to be much much weaker in most countries. In the US, the supreme court can strike down a law with immediate effect of nullifying that law. It's been hard for me to find comparisons, but it seems like in other countries, there's some combination of judicial review being only advisory, or not having immediate effect. So in some countries, the judicial branch says a law is un-constitutional, and the legislative branch can ignore it, or has some period of time to defend or revise the law, rather than the law being immediately struck. This is fundamentally undemocratic. That's a good thing some times, but not good other times.
In practice, parties tend to govern by attempting to control the supreme court, because there's no possible way to pass their agendas due to our vaunted checks and balances. This does not seem like the hallmark of an effective democracy to me.
I agree that the the Supreme Court is more important because of the inability of Congress to pass regular legislation.
However I don't think the root cause is "checks and balances". I think the root cause is the (unconstitutional) Senate filibuster. This prevents parties who control both Houses of Congress and the Presidency from passing laws. It is often the case that this happens (2016-18 for Republicans; 2020-22 for Democrats) and in those periods it should be possible to pass many laws and thus diminish the role of the Supreme Court. But the filibuster prevents this.
> When considering the filibuster as a supermajority requirement for regular legislation, it is clearly unconstitutional. As a textual matter, the Constitution appoints the Vice President as the tie-breaking vote in the Senate, providing that they “shall have no Vote unless [the Senators] be equally divided.” This provision implies that the Senate must pass regular legislation by a majority vote.
In general, the Senate's ability to set its own rules surely cannot be unrestricted. For example, when the Democrats had 60 votes in the Senate would it have been constitutional for them to create a new rule that all tax decreases require unanimous consent of the Senate? Or for Republicans in the same situation to create a rule that all tax increases require unanimous consent? Both of these changes would seem to be within the rule-making authority of the Senate. However both rules would be profoundly undemocratic because they would generally prevent a majority (or supermajority) of US voters from changing US tax law in the future.
[1] https://legaljournal.princeton.edu/tyranny-of-the-minority-t...
What you describe is pretty much what has happened and still is happening in Hungary.
The conclusion here is that even if the majority agrees that these rules are against the spirit of the democracy, there's nothing practical to do against them. So yeah, checks and balances are important to have in practice, not just in spirit.
When you're relying on self-imposed limitations, radicals will sooner or later take over and do whatever necessary to stay in power.
I think we should clarify that there is no "filibuster rule" in the Senate. The rule is that debate by default is unlimited; in order to close debate on any non-rule change, sixty senators must agree to invoke "cloture," after which debate continues for up to thirty hours under various restrictions. Then the vote on the underlying measure (e.g. a bill, a resolution, advice & consent on an executive matter) takes place with the majority vote rule. (Debate about rule changes can only be ended by 2/3 of the Senate, followed by a majority vote on the rule change itself.)
With that settled, we should also consider that the Constitution itself mandates super-majorities in the Senate for various reasons, including expelling a senator; giving advice and consent for the president to ratify a treaty; convicting an impeached president, vice president, other officer or judge; overriding a veto; or proposing an amendment to the Constitution. It further specifies certain procedures that can be invoked by less than a majority, like the 1/5 vote to record the names of those voting on any given measure, or the minority vote required to compel the presence of absent senators in the absence of a quorum. The Constitution clearly contemplates these situations where the vice president's vote wouldn't matter, so it stands to reason that the Senate is free to adopt rules requiring a different vote threshold than simple majority.
As to the hypothetical about rules governing tax legislation, I see nothing in the Constitution forbidding such a ludicrous procedure. I do see loads of evidence that it would be extremely impractical, including the 2/3 majority required to invoke couture on rule amendments; the "nuclear option" precedent; and the fact that the tit-for-tat is possible.
Finally, all legislative bodies have substantially undemocratic procedures. Referring matters to committee is undemocratic, restricting floor amendments is undemocratic, points of order are undemocratic, etc. It seems to me that preserving the minority's right to further debate is not so different.
Just a note that the Supreme Court has generally reached the opposite conclusion to this in situations where the Constitution specifies special behavior. The general philosophy seems to be: if the Constitution specifies conditions under which there is a special behavior, that special behavior can _only_ apply under those conditions.
For example in Reynolds v. Sims [1], the Court held that state legislature districts had to have roughly equal population sizes even though the US Senate by design has districts of dramatically different populations sizes. The existence of a specific exemption to "one person one vote" in the US Constitution doesn't permit other exemptions.
I feel there's a similar thing with presidential qualification. The Constitution lists certain conditions (e.g. 35 years or older), but then Congress can't add additional conditions.
There is a solution to that as well: put explicit limits on the length of speech and the number of speakers for each debate item. This worked well in the Turkish legislature to make the legislature faster.
Yeah, if I understand, the original idea of the checks & balances in the US was that each branch of government would be fighting to become the most powerful and so they all had ways to stop each other. But it wasn't really designed to deal with the idea that political parties would grow in power enough to supersede the branches of government as the top-level entities fighting for power.
This idea that you'd be able to form a large enough coalition across Congress, the Supreme Court and the Presidency that you could get all three branches to work together wasn't really considered back then. With more localized politics that was basically impossible and so the individual branches were fighting for power.
Our form of government should be updated to reflect the reality of more powerful political parties.
And keep in mind that the current constitution took effect in 1789, only 8 years after the Articles of Confederation went into effect. So there was far less of a feeling that the fundamentals of the Constitution we have now would last forever.
Use score voting or approval voting and you'll have more parties that each have less power.
In many ways, it's winner take all. President + 50%+1 in the lower legislature + 50%+1 in the upper legislature = a huge amount of power.
Historically, I think it's been exceedingly rare to have as finely balanced government as recent times have featured.
And to me, the Supreme Court is less about the people currently sitting on it, and more about the fact that they have all dedicated their lives to the legal profession.
They may rule one way or another on hot issues, for personal reasons. But you're checking with people who all hold the rule of law (as a concept) much higher than the legislature or executive. Which is a valuable check to have.
In that way, they're more like the UK's Speaker of the House of Commons.
Those are 3 separate bodies, each independently elected.
Versus the parliamentary system where it's one election for a combined executive and legislative and sometimes with a token senate. Power is far more concentrated than the US system.
The problem in the US is actually the opposite -- the checks and balances were intended to be stronger but have been substantially weakened, in a way that creates instability.
In the original constitutional framework the federal government was meant to be extremely limited. Senators were appointed by state legislators so that they would limit expansion of federal power at the expense of state power, but that was changed and deprived the states of their primary representation in the federal government. Which not coincidentally was immediately followed by a massive expansion of federal control.
Which was itself meant to be much more limited. The original intention of the interstate commerce clause was for the federal government to handle things like mail fraud, where you have a perpetrator and a victim in different states and the victims have no representation in the perpetrator's jurisdiction. It has since been interpreted to allow the federal government to regulate essentially anything, infamously including non-commerce that occurs solely within a single state.
In the intended frameworks the deadlocks were fully intentional. If you couldn't reach widespread consensus then you couldn't do something at the federal level, doing things at the federal level was disfavored in general, and that was fine because anything outside the scope of federal power or without widespread consensus could be handled by the states. Laboratories of democracy.
But then we made it too easy to do things at the federal level, and of course power-hungry sociopaths are attracted to centralized power. So instead of the federal government being weak and uninteresting because strong checks and balances limited it from being abused, it became the battleground for winner-take-all popularity contests.
If gridlock was intended, what's the purpose of the formal simple majority requirement to pass laws? If gridlock was always to be the main state when disagreement existed, the "Nay" vote seems superfluous, which is an absurd result IMO.
It isn't a simple majority. You need both houses of Congress (which were originally representing separate interests) and the signature of the President, or you need two thirds in both the House and Senate to override a veto.
In theory you could require unanimity, but then you could never pass anything, even if it had 95% support. The point isn't to prevent all laws, it's to require the approval of enough distinct interests that controversial issues are easier to address at a different level of government, and each of their controversial solutions only apply in an area where that idea has local support, while everyone has freedom of movement in the event that they disagree with the local majority enough to vote with their feet.
The simple majority I'm referring to is about both houses of Congress in isolation. In the House of Representatives you need 218 out of 435 reps, while in the Senate it's 51 of 100. That's what I meant.
Either the rules of Congress are superfluous (by requiring only a simple majority in each house to pass a law despite the existence of the fillibuster/gridlock), or the fillibuster/gridlock is an obstructionist, absurd, and potentially unconstituional tactic.
Of course, since they can take as long as they want, that means in practice they can delay the vote indefinitely. But that doesn't seem substantially different than some committee being able to kill a bill by just never passing it through to the full Senate even if it would pass there. It's just another opportunity to prevent government action if there is insufficient consensus.
And "60 votes to end debate" and "60 votes to pass a bill" aren't the same thing, and therefore aren't superfluous. The Senate passes many, many bills by a vote of less than 60 to 40, because many Senators will vote to end debate on a bill they intend to vote against. The filibuster is a means for the minority party to moderate a bill that they generally don't support. If the majority party submits an extremist version of a bill, the minority threatens to filibuster it unless they replace it with a moderate version. Then they don't filibuster the moderate bill but still vote against it, and it passes along party lines with less than 60 votes.
Also notice that it doesn't take 60 votes to amend the Senate rules to eliminate the filibuster. If the majority wanted it enough, they could remove the rule and then pass whatever they wanted with 51 votes. But then so could the other party, the next time they're in the majority. There are enough Senators who don't want to see that happen the next time they're in the minority that there aren't 51 votes to change the rules. Even if there are 51 votes to pass a bill the other party is filibustering.
I'm also not sure I agree that the US system is necessarily less sustainable than those other systems. A lot of European democracies are younger than the US, and some of them are more frequently deadlocked. I think effectiveness and sustainability are orthogonal concepts here (some would say they are diametrically opposed...)
Alternatively, you get brinkmanship where you have a coalition of 53.33% where every party in the coalition that has >=4% of the votes (a.k.a. all of them) will threaten to bring down the entire coalition unless they get their most extreme demand. Incidentally, they are still trying to bring down the supreme court.
Personally, I'd gladly welcome some political deadlock over here.
This is a feature. In a unitary state, it would be suicide. But in a federation, national disagreement prompts gridlock which automatically devolves the question.
Japanese cities are incredible because the Japanese culture demands safety, cleanliness and beauty. You could make just about any change to the form of government you want and the result will be the same.
And yet in Federalist 55 virtue is needed to sustain self-government:
> Republican government presupposes the existence of these qualities in a higher degree than any other form. Were the pictures which have been drawn by the political jealousy of some among us faithful likenesses of the human character, the inference would be, that there is not sufficient virtue among men for self-government; and that nothing less than the chains of despotism can restrain them from destroying and devouring one another.
* https://avalon.law.yale.edu/18th_century/fed55.asp
> The only way to have a sustainable government is to have strong checks and balances and putting multiple factions with different interests against one another.
A particular faction can gain control over the Legislative, Executive, and Judicial in the US, and then they can collude unless individuals choose to follow the Constitution.
> Donald Trump urged two Michigan election officials not to certify Democrat Joe Biden's victory in the state following the 2020 presidential election, personally calling them in a pressure campaign reminiscent of his Georgia tactics, the Detroit News reported.
> In a Nov. 17, 2020, phone call, the then-president told two fellow Republicans on the Wayne County Board of Canvassers not to sign the state election's certification, saying they would look "terrible" and must "fight for our country," according to recordings of the call reviewed by the Michigan news outlet.
* https://www.reuters.com/world/us/trump-pressured-michigan-of...
There are no "institutions" (to protect things), only people.
it is utter madness that politicians are involved in anyway in certifying the results of elections
All governments fail, it’s only a question of when. The stability of the US is in no small part due to its geography and natural wealth. Having two oceans on each side and more arable land than you know what to do with is far more of an asset anything written on paper. It seriously reduces the threat of external and internal conflict, and the US got this for a song.
Further, there’s a strong argument to be made that the US did not last this entire time. The centralization that happened after the Civil War created a fundamentally different government than was created in 1789. Through the process of incorporation, constitutional amendments were enforced on states which created a far more uniform country.
For anyone interested, the only thing I can add of use to this thoughtful comment is a link to the paper:
that was the crucial difference between communism and capitalism. Communism used virtuousness only, when capitalism used virtuousness and greed. Communism failed.
A system with checks and balances can be subverted, but it's still better than a system without them.
* Good people, which is people who are at that moment able to bring out the virtue in themselves, must act to promote virtue. If they sit on the sidelines, the results are predictable - other people won't do it.
* Good people can specifically develop and institutionalize systems - of government, society, culture - that bring out the good in people. It won't happen by accident, and plenty of bad people will do the opposite with intent.
If you think these things aren't possible, look at the incredible accomplishments of our ancestors, as we live in a world of freedom, peace, and prosperity absolutely unmatched in human history. What will we build for our descendents? Or will we throw away our inheritance?
wasn't that how we ended up with WW1?
Edit: can you imagine what it would be like though if the US had a dual presidential system and Trump and Obama were both in power at the same time? Somehow I think it would be more dysfunctional.
That's literally what "too big to fail" means, it means they've won.
As proven by the 2008-2010 Great Financial Crisis, self regulation does not work well.
Where has self-regulation been successful?
People don't often make the connection, but at that point the government of the day started pressuring Railtrack to fix the rails. Railtrack's countergambit was to demand money from the government, saying they couldn't afford to do it. This did not have the effect they had hoped for and ended up with Tony Blair, a man who had made a name for himself by changing the Labour party constitution so they no longer were about nationalising industries, having to nationalise a section of the railway industry. And to this date, no-one, even a conservative government in power for the last 14 years, has suggested privatising it again.
For example, take construction engineering; the government doesn't fully inspect every single submitted drawing, they may spot check here and there and make sure the paperwork is filled out, but the final duty rests with the engineer of record.
Same with building inspections, they're no where near detailed and long enough to catch everything, it's mainly a spot check to verify that it's not horribly incorrect.
This doesn't always end well: https://en.wikipedia.org/wiki/1031_Canal#Partial_collapse_du...
One question might be if the airlines should be able to inspect their own equipment, or be required to pay the government to do the inspections, instead.
Way more planes have fallen out of the sky due to bad airline maintenance/inspections than have crashed because of Boeing stupidity.
Most jurisdictions will do plan review, but it’s not a thorough check of the engineering.
I would assume structural drawing sets are checked a bit more closely than say, the interior architectural drawing set, but mistakes still happen.
Plus, whoever was the PE of record on the structural drawings for the hard rock parking ramp will never sign another set, they’re done as an engineer, possibly they’ll see prison if they were negligent. That won’t bring any peace to the victims families, but it’s something.
It's hard to see how it could be any different. SpaceX engineers are the only ones with enough knowledge of Starship to do an effective investigation.
Eh, I don't know if I agree with that. Most of the actions were very straightforward "stuff we need to fix to make the rocket do what we want it to do and not do what we don't want it to do".
Like, one of the actions was "make the launch pad not explode when the engines turn on". That was the root cause of the engine failures that led to the flight termination. Was SpaceX really not going to do that anyway?
Besides formalizing the process and writing down a list of 63 bullet points and using the legalese of "corrective actions" for them, I think the result would have been basically the same without the FAA looking over their shoulder.
But the main reason for my belief is that the Falcon 9 launch success streak is currently better than any other rocket in history (by a large margin), at 241 launches and counting (and 180 launches since the last landing failure). To put this in context, other launchers with a similar or greater number of launches go 30-50 launches between failures. Unless SpaceX is just incredibly unbelievably lucky, they seem to understand how to do RCA to build reliable rockets.
Other industries have incentives to defer problems into future years, to externalize the costs, or to just plain hide or ignore them based on things like "accepted industry practice" or "within prescribed safety limits". Somebody needs to balance out the short-term incentives by decision makers to get promoted on the back of a press release about a splashy success, because that success may have a metric ton of failure disguised inside.
Self-regulation (especially at the industry level rather than delegating to individual companies) doesn't seem completely broken. Actually it can work quite well. You keep some oversight, and reserve the right for the state regulator to step in if the SRO goes bad. The people who run the SRO have an interest in perpetuating their organization, so they if anything have an incentive to be stricter than the government would. If things do go wrong, the government demands direct oversight. That's what's happening here.
[0] https://en.wikipedia.org/wiki/Self-regulatory_organization
Self regulation of the industry is common as you say. It tends to involve one central body enforcing the standards on the members, and acting as a central point for agreement of the standards.
This is not the case with the Aviation regulation. The FAA is the regulator, and has delegated the testing to the people it is meant to be regulating.
Something like notaries, guilds or unions that can speak the truth without retribution ...
No, we need independent regulation. We don't have the societal norms to pull off self regulation.
Why? How does this incentivize effective self-regulation?
> No, we need independent regulation. We don't have the societal norms to pull off self regulation.
We do though. This thread even points them out.
Those that self-regulation have a greater duty to be truthful and in good faith, attempt to remain in compliance. If they cheat, not only should they lose the right to self regulate, but they should face stiffer penalties for breaking that trust.
Inspecting the self is a bit bonkers.
Or do they just get tarred with 'Well, they work in finance, of course they are all crooks' brush?
Much easier to just go by gut feeling though isn't it.
What now? I'm sure you are going to say that they settled because they were innocent, right? And that they halted trades 'by mistake', not on a purpose
I'm not going to waste my time sifting through it to find evidence for a claim you're making.
Make a specific claim of corruption, and provide evidence for it.
There’s also a clear tolerance of securities fraud as long as you subscribe to certain ideologies — eg, NYSE allowing Disney to trade when they’re clearly stealing/destroying shareholder assets to advance the ideology of a cabal of executives and fiduciaries.
I used to work at an organization that was governed by multiple of the SROs you list there. Here's how it worked: They set rules, we followed them, they monitored and audited us. There were also governmental organizations monitoring both them and us.
I think that the key distinction here is not actually public vs. private. It's more of a "sunlight is the best disinfectant" situation. The simple knowledge that you have some external agency that doesn't have moral hazard concerns to compromise its interests that is keeping an eye on you, and that you know is keeping an eye on you, does a lot to incentivize better behavior. Is it perfect? No, far from it. But, at least in the specific case of the financial industry, it's not clear to me that a 100% governmental regulatory system would actually fare any better. I think that the unstated major premise of such an idea is that the people in charge of the governmental regulators - elected officials - are uncompromisable ethical paragons. And if you believe that, I've got some hot penny stocks that I'd like to tell you about.
One can even argue the tax office is sort of like it.
We can easily publicly fund over-sight committees to oversee these industries instead of relying on SROs who take tax-payer money and are in the perfect financial and power position to do some really corrupt and immoral things.
Look at the National Association of Realtors, another SRO— On October 31, 2023, a federal civil jury found that the NAR had conspired to inflate commissions paid to home-buyers' real estate agents, and determined that NAR and its codefendants owed damages of almost US$1,800,000,000.
Zillow and NAR have anti-trust lawsuits coming their way too. Relying on SROs is just asking for corruption, imo.
Easily, really? Why is the default position that industry players are corrupt and immoral, but the government overseers will act independently and altruistically and have no financial stake in the outcome? That doesn't jibe with my experience. People in government seem to do some of the most immoral acts out there.
A private corporate overseer cannot be voted out or forced out. Only a CEO or board can decide that. It's undemocratic.
The public has an actual voice in government while having absolutely no voice in a private corporation.
It's similar to how income taxes work. You self-report all the figures, and then they are sampled and spot-checked and occasionally audited. The possibility of being caught by an audit, then prods people to generally submit truthful reports, because of the risk of penalties.
And then, if that incentive ceases to work, the self-report/self-regulate status gets revoked.
Maybe, maybe not. But I do know that I don't have much faith when companies "regulate" themselves. There's just too much conflict of interest there. A third party doing it is, on its face, more trustworthy.
Except if the "people who run the SRO" are in fact employees of the very company they're supposed to be regulating... ?
Then they surely have an even greater incentive to keep quiet in order to keep their jobs?
What's funny about this is that if you were to ask a group of brokers (IE: the ones with authority over the business - terminology is inconsistent between states...), they would probably tell you that the state has a great deal of oversight, but I'd agree with you - by and large no one is actually watching them. I was with a group of fellow brokers not long ago and it came as a clear surprise to them that the state would no longer be actually auditing them. The state wouldn't make it official policy, but it was a wink and a smile that they wouldn't. There were gasps around the room and it was really rather an insightful moment. While I am new in this role, it was obvious to me the state wasn't actually auditing anything - and frankly, why should they unless they've had a consumer complaint? But the fact that very experienced brokers were surprised by this was interesting.
Of course that doesn't always stop mistakes/negligence (see this incident) or bad actors (see below): https://news.usni.org/2020/06/19/navy-has-mitigated-risk-of-...
I will also add that just because something is inspected by the government does not insure quality. Usually failures in inspection are due to inexperienced and/or overworked inspectors, higher ups pushing to "get things through" or to reduce costs, or other banal reasons just as possible to occur whether it's Uncle Sam or Boeing writing the inspectors checks.
Movies. The ratings you see before a movie starts is assigned by the industry after inspecting the movie [1].
[1] https://en.wikipedia.org/wiki/Motion_Picture_Association
The government could rate movies; what they cannot do is to prevent a movie from being exhibited if it is otherwise legal.
Any industry in which you have companies actually writing the text of the regulations used to oversee them is a recipe for disaster.
Sadly it usually takes a tragedy to highlight these egregious systems that exist in our country. We also need to get lobbyists out of Washington so that the real impactful work can begin to separate the government agencies from the companies they're meant to regulate.
You can't have (representative) democracy without lobbying. It is not that you need to get the lobbyists out, you need to convince more lobbyists in. It is likely that the average Joe has not talked to their representatives even just once, let alone on the ongoing basis necessary to fulfill the demands of democracy.
Simply mandate that lobbying must be done on behalf of natural citizens and ONLY natural citizens, and limit the lobbying to be done on behalf of citizens with only a $ net worth or under.
If a billionaire complains about not being able to buy a couple senators, well, too fucking bad. I'd GLADLY give up my ability to corrupt government officials if you gave me a billion dollars.
The FDA steps in when something goes really bad but I've never seen them do official spot checks without cause.
Mostly the government doesn't want to get involved in checking if bolts are tightened, they want to make sure that the company has a process to check that the bolts are tightened and is following it. It would be extraordinarily expensive and inefficient for government inspectors to do all this work themselves.
¹–https://en.wikipedia.org/wiki/Regulatory_capture?wprov=sfla1
Edit: the promise of the blockchain and self executing contracts was to overcome this bureaucracy problem.
Yes, sure, it’s impossible to inspect and regulate every single thing all the time. But the US is doing a piss poor job where other nations at least have a decent baseline.
This is by design by the way, underfund agencies so that politicians keep getting money from their corporate buddies.
Even essentials such as food production is abysmally inspected in the US due to too few inspectors being available.
Most EU countries don’t have these issues and their “bureaucracy” hasn’t collapsed down onto itself.
Your comment is just another “this is an uniquely American issue and if we were to do it right the sky would come falling down” type argument that is trotted around everytime a fundamental issue, that has been solved elsewhere, is exposed.
What US regulators ARE good at is investigating and prosecuting. The current issue is that they are not doing what they are good at. In the NCAA if a staffer (say Connor Stallions) commits a major rule violation, the head of the program (Jim Harbaugh) serves a punishment for "failure to supervise". We need the Boeing CEO to spend sometime in a concrete cell for "failure to supervise". Maybe threaten to break them up a bit with the Antitrust division. The next CEO will do a better job of self-regulating.
A second reason is simply costs to the public. In 2019, the interim FAA director Dan Elwell testified to the US Senate after the 737 Max disasters that bringing all delegated oversight back into the FAA would require 10000 extra staff and USD 1.8B in costs. There are fairness/democratic arguments to having the costs borne by the industry (and thus indirectly by the privileged portion of the taxpayers who consume air traffic) rather than by all taxpayers.
If you screw up inspection repeatedly, then you get replaced. This article is about a weird govt flex.
What is the point of an inspection?
It's really hard for the government to hire and retain competent people to inspect something as easy as residential wiring, even in an affluent community with plenty of money being spent to operate the government.
https://www.theverge.com/2023/12/12/23998308/tesla-cybertuck...
Can FAA and Boeing be really the only ones to blame here? If Boeing was in bed with FAA that much and they were dropping the ball on safety, shouldn't EASA's own process take note of that and extra-scrutinize Boeing planes during certification for European sky compliance? Especially that it would play in Airbus' advantage, and I am sure some allegiance between the two is definitely in place to some extent at least.
How did, for example, EASA allow the MCAS on 737 Max? I mean we know Boeing abused the FAA trust in their process, but why did EASA not raise concern over the same?
Something is missing here and I don't appreciate that somehow everyone seems to forget that those planes are absolutely not certified by the FAA for use by the rest of the world. At the very least, EASA is as shitty at certifying those planes as FAA is. Or, actually, is even worse, considering that in theory the reason FAA allowed it is because Boeing took advantage of them, meanwhile EASA should have done the full re-certification?
There are no 737s operated in that configuration in Europe, so while EASA accepted FAA's grounding notice, it didn't really affect the EU.
But that's beyond the point. The point is those flawed quality controls that Boeing does on behalf of FAA could in theory affect other areas, not just the plug door. And so I wonder if EASA also allows Boeing to self-certify, or do they perform the checks themselves?
So the doors are kind of a distraction from the apparent fact that Boeing has forgotten how to make airplanes which do not threaten the lives of all those in and below them.
https://onedrive.live.com/?authkey=%21ALZ0IuyZGHImolY&id=D37...
FAA issues Airworthiness directives and sets rules Boeing has to follow. EASA largely defers to the FAA (not always but in almost everything).
Similarly the FAA follows EASA when it comes to issues with Airbus.
Both FAA and EASA requirements are roughly alined anyway so it doesn't make that much difference.
Boeing has been coasting on their engineer-led culture from the past. They're only allowed to self-certify on things that are not "safety critical" so having the FAA review that designation seems more useful.
FWIW when Boeing merged with McDonnel-Douglas the GE protégé crew took over. The decision to move headquarters was done deliberately so the machinists and engineers couldn't go complain to the bean counters in person.
Also think about Boeing setting up a factor in South Carolina and fighting so hard to prevent that factory from unionizing. They're focused on giving labor a smaller share of the pie... on some of the most expensive (and formerly profitable) things humans build, with a decade-long order book where every single unit they make is pre-sold years in advance. (Recent screwups have hurt them badly though).
Do you want an airplane built by an accountant-run company that cares about finding the cheapest most disposable workers to build the airplane? Whether it matters or whether the union sucks is irrelevant. The fact that Boeing management was so determined to screw the workers who assemble these planes says a lot and none of it is good.
> Similarly the FAA follows EASA when it comes to issues with Airbus.
> Both FAA and EASA requirements are roughly alined anyway so it doesn't make that much difference.
Thanks. That then explains it. Although I have a feeling this mutual trust has its expiration date and I would be surprised if EASA didn't actually start raising concerns over the FAA's credibility.
FWIW I'm very glad in the US we still allow experimental and home-built aircraft. That's how we got aircraft in the first place and many experimental planes (most?) are built from kits engineered to similar specs as certified aircraft, they just don't go through certification.
However EASA does not actually make Boeing go through a full from-scratch certification again. For the most part EASA reviews the FAA's certification and does not actually put the 737 through a from-scratch certification. This is part of the various "Bilateral Aviation Safety Agreements".
For certain hard requirements (as you noted) there may be disagreement on the rules and the manufacturer may be required to do additional certification with FAA or EASA for the differences but again it is not usually a from-scratch process - it only covers the differences. Technically other countries have similar processes and their own agreements but FAA (being the origin country of powered flight and home to the most aircraft manufacturers) and EASA (home to Airbus and also highly involved since the early days of powered flight... the Wright brothers toured France with their flier to much fanfare, disproving a lot of skeptics in the process) are the leaders and everyone else mostly just follows them rather than inventing their own rules and certifications.
I suspect that the EASA/EUROCAE guys were often "accidentally" brought in when FAA was getting sick of us trying to slip stuff by them. Sort of like, "Try that Consumables trick with me again, and I'm sending Hans"
United reported loose bolts, not missing bolts. This indicates a more systemic issue and not just a miss by an Alaska Airlines maintenance worker taking a phone call. If the systems involved in the failure are all "Boeing", it doesn't seem unreasonable to consider changes, such as requiring a 3rd party with no self-interest in rubber-stamping the go-ahead, to inspect the work.
The bolts the NTSB can't find are not the ones that have been found to be loose. The bolts they can't find are the ones with the castellated nuts and cotter pin. Very hard to imagine those vibrating loose. And for the door to transit in an upward direction it would really require all four of those to fail or for them to not exist.
https://www.youtube.com/watch?v=maLBGFYl9_o at around the 7:26 mark has a great explanation of how the door is secured and it seems like as long as there is at least one of the four bolts installed the door can't move.
[0] https://news.yahoo.com/maker-boeing-door-plugs-sued-00335449...
[1] https://jacobin.com/2024/01/alaska-airlines-boeing-parts-mal...
And Spirit seems entirely financially screwed as a company, they haven't had a positive gross margin since before Covid and on top of that they're now spending half their revenue on interest on their debt. Having Spirit eat those losses is probably great for Boeing's financials and stock price. They should likely be forced by the government to take Spirit over again.
However, do not take this to mean I want the end of the billions of dollars the government gives to Boeing every year, for the R&D to build planes for the military.
Is this sarcasm? If not you really need to read the notes from the MAX 7 crash investigation, starting here [0]. That is exactly what Boeing did. MCAS was a hack to fix a plane badly designed to save costs. They rushed to release, ignored incomplete testing, hide information from the FAA, buried MCAS inside another features notes and forced engineers to say that only computer based training was needed for pilots for the new MAX planes despite big differences, all to save themselves and airlines costs.
[0] https://en.wikipedia.org/wiki/Boeing_737_MAX_certification
They don’t build 100 of those things a day. They don’t even average one a day. Whatever the issue, it went on over quite a period of time.
Given the other issues with the 737 Max line, it is reasonable to believe there would be a good chance of improvement if regulators were more heavily involved.
This type of self-evaluation is pretty common in software, though audits of compliance are also common.
I wonder what sort of scenario might unfold if a company had a team of developers who's sole job it was to test other teams' software in a red-team fashion. I am all too familiar with QA organizations, and the problems in that environment, and am all for developers conducting their own testing as a fundamental part of development, but what if we took it a step further?
You get a lot of infighting between the development and validation teams. Big US banks have this for (statistical) models already.
Too little, too late.
We should regulate the regulators, bc I don't trust them either.
I don't think it makes sense for any manufacturer to be solely responsible for their own safety inspections. Too much incentive to cheat. Must be verified or at least randomly spot-checked independently.
Yes. It is way more powerful to actually see what happen than to just hear a report about it. I think it was more powerful than even a plane crash that is not caught on film, even though many people would die.
Do not underestimate the power of photo and video evidence.
We should have oversight, and we do, but it's hard to pick a worse example of bad regulation (or a better example of good regulation) than the FAA. Air travel safety is extraordinary.
Or, just talk on ex-BA SWE and learn about it from them.
You could get the systems to comply perfectly well with standards and certifications, like the 737max did, but still have issues. I don't think the 737max didn't meet federal standards or requirements (which a hypothetical federal inspector would have to apply and check for). the issue was more so that they weren't enough in those specific situations.
Somewhere down the line, Boeing probably decided not to remove the plug to fit the interiors and instead just load them through the main bigger openings only. They probably did not document/log this change in practice and think through implications and probably did not update instructions to Spirit to secure the plug door going forward (or maybe they did but Spirit didn't pay attention)
Hence we have many planes with Spirit assuming Boeing will secure it as per the previous practice and Boeing not securing it because they didn't remove it while fitting out.
Now the obvious question is if Boeing or Spirit has deviated from documented production practice in this area, have they deviated in other areas and hence the entire production process of max lines will probably need to be re-audited
We're lucky that our aircraft safety record has stayed as good as it has for this long.
Boeing has both have Designated Engineering Representatives (DERs) who are involved in design certification questions for airframe type certificates and quality inspectors who are involved in certifying individual already-built airframes for airworthiness (conformance to type certification and in condition for safe operation).
The former are usually not called inspectors, but many of the comments here are covering topics that are the domain of DERs rather than inspectors/A&P w/IA.
Still unsure if the recent door issue was a matter of sloppy assembly (which inspection should find) or sloppy specifications/equipment (which inspection would reinforce, possibly making things worse).
Do it.
Do it now.
Sincerely,
Everyone
IMHO, the system actually works just fine. Accidents are extremely rare and companies tend to learn from them.
A better fix would maybe be to just make it really expensive for Boeing to cut corners here and put mechanisms in place to verify that they aren't. And you could argue that is the case already. Their reputation suffered and it probably shows in their order books. So, I'm guessing they are very eager and well incentivized to move on from that.
And looking at the Airbus and Boeing stock price suggests that Boeing stock has never recovered from that. Both stocks went down a lot at the beginning of Covid. But the Airbus stock has basically recovered from that and Boeing hasn't.
Even the mere threat of regulators getting more strict is probably making investors really nervous. That could end up being more effective than any actual inspections.
My experience is that when quality breaks down, the effects are visible at multiple scales and multiple places. Who knows what else is non-compliant in the 737 MAX assembly line (surely this is why the FAA announced an audit).
Loose bolts happen because multiple layers of protection were bypassed. https://en.wikipedia.org/wiki/Swiss_cheese_model
Oh yeah you do.
Because some bolts should be lose and some shouldn't be. They would be studded or welded together if you never wanted to loosen it, after all.
Boeing's entire business is to make good aircraft, and they are grossly failing to do so; their problems extend far beyond just the 737 MAX. A business that can't sell good products shouldn't be in business one way or another.
it looks like from the outside that Boeing c-suite of people think... "Boeing's entire business is to make good profit"
without understanding the consequences of cutting corners in the process
Boeing's entire business is to make good aircraft.
they're cutting corners in pusuit of profit and thus the planes are developing fault
Boeing is great! It does great work. But yes, it lost several moments of pride, and that does not work great for Boeing.
In order for a company to do better, you need to take an honest multi-year review of their processes and cite multiple issues, and see through multiple corrections. Then we will have a well corrected company. And that is what Boeing needs, along with a bifurcation for increased competition.
It has to be a complete plan, not just a slap-dash "we can hire some people and the problem is solved".
To do it best you do NOT hire from the industry, and if necessary you hire from unrelated industries (perhaps, for example, oil rig/pipeline inspectors).
When you take a checkride at the end of training to earn your pilot certificate, it's not an FAA employee riding with you... it's a "DPE" or Designated Pilot Examiner, who is a private individual designated by the FAA to conduct check rides (and who often charges you a fee to administer the test).
Occasionally an FAA employee will ride along with the student pilot and DPE to evaluate how the DPE is evaluating prospective pilots.
Deliberately sabotage the regulatory authorities, then use the fact that they no longer have the expertise and staff as a justification to outsource the regulation function over to the companies that were supposed to be inspected.
And when it goes wrong, which it always does, make shocked pikachu face and claim that nothing can be done because we no longer have the capacity to regulate industry.
This would be less infuriating if this was the first time, but it keeps happening again and again and people keep falling for it. It is immensely profitable for the few though, that might be why it keeps happening.
The fix is easy, just requires time and budget: rebuild that expertise and refuse to certify anything until you have the necessary capabilities.
Pass regulation that requires audit and certification by a rated and licensed authority that isn't necessarily the government itself. As a publicly traded company Boeing already has to do this with its books; why not with its product too?
I'm sure that E&Y, Deloitte, KPMG, or PwC would love a crack at a new market and they've certainly got the money to hire away from manufacturers.
Do you know a basis for that? My understanding, though limited, is that they have incredible expertise - and we can see their outstanding results. Also, IME, this claim is used by many industries to assert that they shouldn't be subject to regulation, and (IME) it's always false.
Of course it is false. Even if the regulation ultimately can't be enforced due to lack of the right people, the players can still be subject to the regulation. The two are not logically associated.
Nobody is making that claim, though. What is the significance of this fun anecdote you pulled randomly from a hat?
HN is pretty strange these days. One day gov't is the problem, the next it is the only solution. We need "streamlining" of regulation for more nukes, but more regulation of Boeing because a door blew off over 100's of millions of flights. We need to get rid of the FAA and ATC and automate everything with software controls to prevent runway incursions. But we need to ban autonomous cars.
Technology has changed a lot since the Roman Empire, but human nature is still the same. We shouldn't ignore such old principles just because it is 2024.
But the fixes are much more complex and will necessarily take a lot more time.
If your point is that we don't think enough about vehicular deaths, except for the ones that are in some way newsworthy, then I think you are completely right. Even worse, we don't account for lives saved and this skews perception in odd and potentially detrimental ways.
Or how about US Govt can funding a second airliner manufacturer?