Let's Know Things Por arte de portada

Let's Know Things

De: Colin Wright
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  • Resumen

  • A calm, non-shouty, non-polemical, weekly news analysis podcast for folks of all stripes and leanings who want to know more about what's happening in the world around them. Hosted by analytic journalist Colin Wright since 2016.

    letsknowthings.substack.com
    Colin Wright
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Episodios
  • Chevron Deference

    Chevron Deference
    Jul 2 2024
    This week we talk about the APA, the Supreme Court, and Marbury v. Madison.We also discuss the Chevron Doctrine, government agencies, and the administrative state.Recommended Book: A City on Mars by Kelly and Zach WeinersmithTranscriptThe Supreme Court's 1803 Marbury v. Madison decision was pivotal to US legal theory and practice because it established the concept of judicial review, which essentially said that US courts could assess laws passed through the typical legislative system, through Congress, and, if they determined those laws were unconstitutional, strike them down.This was a huge rewiring of the US government, as it gave a substantial amount of new power to the court system, and it provided a new check on the legislative system that recentered the Constitution as the source of all law; if the judges decided new laws didn't line up with that original Constitutional intent, according to their interpretation of said intent, the new laws would be a no-go.This is true of statutes that declare policy, as well, which are generally part of the law-making process, and also help shape regulations, guidelines, and other things of that nature—the fuzzier stuff that goes on to effect things, even when some of those fuzzy statements and implications aren't formalized in law, yet.So any and all of this stuff that Congress decides on could, at some point, be looked into by the US court system, and that system can say, nope, that doesn't line up with what's in the Constitution—it's not Constitutional—and that means the Constitution, following Marbury v. Madison, became a lot more of a legal reality in the country, rather than just a collection of principles and ideals, which is how some legislators and legal scholars thought of it before this ruling.Within this same entwined governmental/legal system, Congress sometimes delegates policy decision-making powers to US agencies, allowing them to make legal decisions in cases where Congress passes a law that it is some way ambiguous—saying that there need to be emissions standards on cars, for instance, but leaving the task of coming up with those standards to the Environmental Protection Agency, the EPA.This delegation ability was reinforced by a 1984 Supreme Court decision, Chevron v. The Natural Resources Defense Council, today usually referred to as "Chevron" or the "Chevron decision," the justices unanimously deciding against the DC judicial circuit's ability to set government policy, reminding those justices that judges are unelected officials and thus shouldn't be making law, and that when Congress isn't specific enough in their lawmaking, this can represent an implicit desire for the agencies in charge of implementing the relevant laws in the real world to figure out the specifics for themselves; after all, they would probably know better how to do so than a bunch of lawmakers who are not experts on the subject matter in question.That case also limited the US court system's ability to review an agency's interpretation of the law, which in that specific case meant that judges shouldn't have the right to look into how US agencies decide to do things, willy-nilly, just because they don't like the outcome.Instead, they have to adhere to what has become known as the Chevron Doctrine or Chevron Deference, which says, first, the judges have to decide if Congress was clear on the matter—and if so, they go with what Congress said, no questions asked. If Congress was unclear on something, though, then they have to decide if the agency in charge of executing Congress' decision has made reasonable and permissible decisions on that implementation; and if the answer is yes in both cases, the court must accept the agency's decision on the matter.If not, though, then the court can step in and make some kind of judgement; but it's a fairly ponderous process to get to that point, because of this doctrine, and they will almost always defer to the decision made by the relevant agency, because of that 1980s-era court case.The Chevron decision is generally considered to be one of the most formative in modern case-law because it empowered US agencies with all sorts of responsibilities and rights they wouldn't have otherwise enjoyed.The Chevron case, itself, was predicated on a disagreement about the 1963 Clean Air Act, which failed to specifically define what "source" meant, in terms of emitted pollutants; Congress didn't specify. And this ambiguity led to a clarification in 1981, by then-President Reagan's EPA, that allowed companies to bypass the Act's procedures by building-out new, highly polluting components to their plants and factories, as long as they also modified other aspects of those plants and factories in such a way that emissions were reduced.An environmentalist advocacy group challenged this new definition, which amounted to a loophole that allowed companies to get around otherwise sterner emissions rules, and that's how we got the Chevron court ...
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    19 m
  • Axis of Disorder

    Axis of Disorder
    Jun 25 2024
    This week we talk about China, Russia, and the Shanghai Cooperation Organization.We also discuss BRICS, North Korea, and the post-WWII global world order.Recommended Book: Supercommunicators by Charles DuhiggTranscriptThe Shanghai Cooperation Organization, or SCO, is a defense and economic alliance that was started by China and Russia back in 2001, and which has since expanded to become the largest regional organization in the world in terms of both land area and population, encompassing something like 80% of Eurasia, and 40% of the global population, as of 2020.The SCO also boasts about 20% of global GDP between its member nations, which originally included the governments of its precursor regional alliance, the Shanghai Five, which formed back in 1996: China, Russia, Kazakhstan, Kyrgyzstan, and Tajikistan.With the evolution of that group into the SCO, though, Uzbekistan joined the club, and in 2017 it allowed India and Pakistan in, as well. Iran joined in 2023, and the list of observer and dialogue partner nations is pretty big, including Armenia, Azerbaijan, Bahrain, Belarus, Cambodia, Egypt, Kuwait, the Maldives, Mongolia, Myanmar, Nepal, Qatar, Saudi Arabia, Sri Lanka, Turkey, and the UAE.The original purpose of the Shanghai Five, which was inherited by the SCO, was to increase trust and diplomatic relationships between these nations, which otherwise have a lot of potential enemies surrounding them on all sides—this is why the advice to never fight a land war in Asia is so well-taken: there's just a lot of land and a lot of borders and pretty much everyone who's tried, with few exceptions, has found themselves depleted by the effort.Thus, while there are other components to the SCO, member countries' agreement to respect each others' borders, including opposition to intervention in other countries—invading them, messing with their politics, criticizing their approach to human rights, etc—the sovereignty issue is the big one here, with making sure that everyone involved is diplomatically tied-up with everyone else in a close second, so member states can focus on the borders that present the most risk, and invest less attention and resources on the borders they share with their fellow members.That said, the SCO also includes mechanisms that allow member nations to work together on big projects, like transportation infrastructure that passes through or benefits more than one country, and fighting local terrorist organizations. It also allows them to integrate some aspects of their monetary and banking infrastructure, among other ties, so there's an economic component to these relationships.Another intergovernmental organization that likewise encompasses a significant chunk of the global population, landmass, and economic activity is BRICS, which is an acronym that was originally coined to gesture at the economic potential of the then-burgeoning economies of Brazil, Russia, India, China, and South Africa, but which in recent years has expanded to also include Iran, Egypt, Ethiopia, and the UAE.BRICS nations hold about 30% of the world's territory, 45% of its population, and pull in about 33% of global GDP, based on purchasing power parity.And BRICS has long served as a sort of counterweight to global institutions that often seem to favor the world's wealthiest and most powerful nations, many of which are Western nations, like those of North America and Europe.So while the G7's expanded iteration, the G20, brings nations like Brazil, India, and Indonesia into the conversation, the majority of the power in such institutions—and this includes institutions like the UN, because of who holds vetoes and soft power influence within those organizations—the majority of the power is still typically held by the world's currently most influential and wealthy governments.And BRICS, from the beginning, included those nations that were assumed to become the most powerful, or at least equally powerful nations, by many metrics, in ten or twenty or thirty years, based on demographics, economic growth, and so on.Both of these groupings, then, are attempts to lash together the governments of nations that are on favorable growth trajectories, or otherwise in interesting, upward-moving positions by various metrics, or which are located in areas that would benefit from some kind of unity, but which aren't always given the respect they believe they deserve within other globe-straddling organizations; in some cases because they're simply not there yet, in others because their governments are a bit more authoritarian, while entities like the UN, while including everyone, tend to favor democracies.What I'd like to talk about today is another loose grouping of nations that seems to be forming, and which, while it doesn't have an official designation or even membership roster yet, is becoming increasingly well-defined, collaborative, and active.—The geopolitical, military, and news analysis community has been ...
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    19 m
  • France's Snap Election

    France's Snap Election
    Jun 18 2024
    This week we talk about the National Rally, Macron, and the European Union.We also discuss Marine Le Pen, elections, and the French National Assembly.Recommended Book: Pockets by Hannah CarlsonTranscriptThe first week of June 2024, the EU held its parliamentary election, the tenth since it began holding such elections in 1979, and this one was notable in part because the number of MEPs—Members of European Parliament—increased from 705 to 720, due to population changes in the bloc, those new seats given to growing countries, one apiece to Belgium, Denmark, Ireland, Latvia, Austria, Poland, Finland, Slovenia, and Slovakia, and two apiece to Spain, France, and the Netherlands—though that figure still a far cry from where it was before the UK left as part of its Brexit withdrawal from the union, which culminated in 2020.These elections happen every five years, so this was the first EU election since the UK left, which means we got to see how things would shake out, post-British-presence in the bloc, a bit of a power vacuum beginning to be filled by those that remain, alliances adjusting somewhat to account for that change.Those few structural items aside though, this election was also notable in its outcome, as, while centrist parties like the European People's Party, or EPP, which is center-right, and the Progressive Alliance of Socialists and Democrats, or S&D, which is center-left, each claimed substantially more seats than any other party—about 190 and 136, respectively, as of the day I'm recording this, though the final votes are still being counted, so some of these numbers are prone to changing a bit in the coming days—and Renew Europe—a fairly center-aligned party—coming in at a distant third with about 80 seats, the Identity and Democracy Group, which is made up of mostly far-right parties, looks to have achieved a strong fifth place; again, the numbers are still being tallied as I record this, so these numbers are still provisional, but it looks like they grabbed about 58 seats, which is 9 more than they had, pre-vote.While centrist politicians and parties still hold the reins, then, their collective majority is shrinking, Identity and Democracy, and a slew of smaller, also further-right parties scooping up quite a few seats in this election, these groups attracting a lot more support from certain demographics, especially young men under 30, and especially in Germany, France, Spain, Italy, Portugal, Belgium, and Finland.This shift in ideology is being attributed to many things, including but not limited to the rise in so-called identity politics, which some data suggest is causing young men, in particular, to feel excluded from some aspects of modern social life, the success of far-right groups in spreading their messages on social networks, heightened levels of immigration, which far-right groups seem to have successfully tied to all manner of societal ills, and the general tendency of whatever group is in power to spark discontent, tipping the scale toward their opposition simply because they've been governing, and you can't really govern without upsetting someone about something, and without taking the blame for things that are beyond your control, as well.This surge in votes for far-right groups isn't expected to substantially change the direction of the EU, as a lot of policies, including aspects of the bloc's regulatory apparatus, their pivot toward net zero efforts and renewable energy, and their general position on foreign antagonists like Russia, and by some estimates, China, as well, are basically locked in for the next few voting periods, at the minimum.But there is a chance specific elements of these goals, and other, less central pursuits, will be more difficult to pass and support over the long-haul, and policies that centralize power with the EU, rather than individual countries, will likely have a harder time getting passed, as most of these far-right groups are also quite Euro-skeptical and nationalist.What I'd like to talk about today is the outcome of this election in one EU nation—France—and why French President Macron decided to call a snap vote following the tallying of the ballots.—In 2022, the liberal coalition Ensemble, which includes French President Macron's party, Renaissance, lost the absolute majority it had previously enjoyed in France's National Assembly, its lower house of government, which marked the first time since 1997 the French President hadn't also held an absolute majority in that parliamentary body.That same year, the nationalist, far-right National Rally party gained a bunch of seats, as did the left-wing to far-left New Ecological and Social People's Union. This resulted in a hung parliament, which hadn't happened since 1988, and among other consequences, that meant passing laws and other sorts of governance became a lot trickier, as Macron had to make deals with people and groups he didn't typically ally with, and with whom his ...
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    18 m
Política y Gobierno
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