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> it's weird to complain or sue every time that the government doesn't make something you wanted. Because in few years people have the power to elect another set of representatives.

You're correct if the government rules/laws are all made by the representatives. But a substantial amount of regulation is established or defined in detail by non-elected government employees. So, in many cases, waiting for a change in representatives won't change the status quo. This is in large part due to Congress abdicating their rule-making role and handing it to the executive branch. Sure, electing the "right" set of congresspeople should fix that, but it hasn't, and it's been on a downward trend of the past decade or two?

One example is the NSA surveillance. You should be able to sue the government to stop it if you think it's unconstitutional. We've now 2 congressional elections since the first Snowden revelations and congress still seems to be generally in support of the surveillance. So citizens need another avenue to protect themselves from laws and regulations which they feel to violate their rights.



I think this is a mischaracterization of the way government operates. congressional representatives are not "abdictating" any role. They provide guidance that is all too specific in many cases, because the legal standard requires it. The folks in Congress are right to set the national budget and priorities, but it is a good thing that the details of implementation are left to agencies, because they're the ones with the experience and technical knowledge to know how to achieve the objectives.

Your example of surveillance is completely misplaced. If, after the Snowden revelations, congresspersons in favor of widespread surveillance continue to be elected, that's actually a sign the American people are fine with it.

If you think a law or regulation violates your rights, the correct avenue to address the issue is the courts.


> The folks in Congress are right to set the national budget and priorities, but it is a good thing that the details of implementation are left to agencies, because they're the ones with the experience and technical knowledge to know how to achieve the objectives.

This is true, but only if the laws are passed with enough specificity that the interpretation is reasonably unambiguous. Otherwise it effectively allows agencies to write the law. But, yes, there's a gray area and where that line is drawn is unclear. But the "we need to pass the law to find out what's in it" of the Affordable Care Act is probably not how congress should operate.

> If, after the Snowden revelations, congresspersons in favor of widespread surveillance continue to be elected, that's actually a sign the American people are fine with it.

This is only accurate if people vote based on single-issues and/or if surveillance is one of their top few issues. It's entirely possible for people to be concerned about it but to be more concerned about military policy, the economy, etc., and to vote on those instead.

> If you think a law or regulation violates your rights, the correct avenue to address the issue is the courts.

That was exactly the point I was trying to make to the OP commenter. :)


"only if the laws are passed with enough specificity that the interpretation is reasonably unambiguous"

If this isn't the case a court can strike down the law as ambiguous.

"if people vote based on single-issues and/or if surveillance is one of their top few issues"

... but can't the same thing be said of any particular policy? if this policy isn't as important as other policies, that's the public deciding that we're fine with it. you and I as individuals may disagree, but this is the reality we face. it's simply not going to get fixed through legislative action, until and unless we are able to reframe the national conversation sufficiently.


> If this isn't the case a court can strike down the law as ambiguous.

Yea, that's why I was arguing that being able to sue the government is a Good Thing. I think we're basically in agreement...


ah yes, so you were. cheers!


> electing the "right" set of congresspeople should fix that, but it hasn't

It's much more likely that we haven't elected the right set than it is that the right set is utterly incapable of doing their job.

> We've now 2 congressional elections since the first Snowden revelations and congress still seems to be generally in support of the surveillance.

If the issue were important enough to the majority of people then being in favor of this would make it very hard to get elected, as would being unwilling to pass laws outlawing it.


>If the issue were important enough to the majority of people then being in favor of this would make it very hard to get elected

This assumes the majority of people have the technical capacity to understand the ramifications of the situation.

>We've arranged a global civilization in which the most crucial elements — transportation, communications, and all other industries; agriculture, medicine, education, entertainment, protecting the environment; and even the key democratic institution of voting, profoundly depend on science and technology. We have also arranged things so that almost no one understands science and technology. This is a prescription for disaster. We might get away with it for a while, but sooner or later this combustible mixture of ignorance and power is going to blow up in our faces.

-Carl Sagan




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