[HN Gopher] US regulator considers stripping Boeing's right to s...
       ___________________________________________________________________
        
       US regulator considers stripping Boeing's right to self-inspect
       planes
        
       Author : ryanisnan
       Score  : 511 points
       Date   : 2024-01-12 15:49 UTC (7 hours ago)
        
 (HTM) web link (on.ft.com)
 (TXT) w3m dump (on.ft.com)
        
       | rramadass wrote:
       | https://archive.is/Dx8gP
        
       | voakbasda wrote:
       | Dear regulators,
       | 
       | Do it.
       | 
       | Do it now.
       | 
       | Sincerely,
       | 
       | Everyone
        
         | jillesvangurp wrote:
         | Easier said then done. Inspecting planes is job that requires a
         | lot of skill and knowledge. Most of those people aren't cheap
         | and they tend to work for airplane companies that need their
         | skills and can pay their salaries. Which in the US means Boeing
         | basically employs all the best people for this.
         | 
         | 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.
        
           | protastus wrote:
           | Inspecting planes does require a lot of skill and knowledge.
           | But one doesn't need deep expertise to detect loose bolts.
           | 
           | 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
        
             | chx wrote:
             | > But one doesn't need deep expertise to detect loose
             | bolts.
             | 
             | 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.
        
               | richwater wrote:
               | Not to mention specific torque ratings
        
           | Dalewyn wrote:
           | For all the criticism the American aerospace industry gets,
           | Boeing is the only one clearly suffering the problems they
           | have. If stricter regulations mean Boeing can't do business,
           | tough luck.
           | 
           | 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.
        
             | 123pie123 wrote:
             | >Boeing's entire business is to make good aircraft,
             | 
             | 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
        
               | Dalewyn wrote:
               | Good profit stems from good products, in this case
               | aircraft.
               | 
               | Boeing's entire business is to make good aircraft.
        
           | mathverse wrote:
           | Poach people from Airbus. Just pay them well and bring them
           | over.
        
       | gmerc wrote:
       | What's there to consider even - political connections?
        
         | thatguy0900 wrote:
         | Does the faa have enough qualified staff and budget to review
         | boeings planes? Does anyone other than Boeing have them, since
         | noone else does it? Legitimate question. Would you poach a
         | bunch of engineers from the airlines/military?
        
           | bombcar wrote:
           | You build it up over time by hiring direct from colleges (or
           | even trade schools).
           | 
           | 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).
        
           | burnerthrow008 wrote:
           | As a practical matter, the FAA might designate someone
           | outside of Boeing to do the inspections (like maybe people
           | from Lockheed or Grumman, who are not directly competing in
           | the commercial airliner space).
           | 
           | 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.
        
           | jgeada wrote:
           | Isn't this the whole point of the "defund the government"
           | approach?
           | 
           | 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.
        
           | tuetuopay wrote:
           | hire airbus to inspect boeing, and hire boeing to inspect
           | airbus?
        
             | nottorp wrote:
             | That would be fun... or end with both manufacturers being
             | completely grounded by the other and we back to canoes and
             | horse carriages :)
        
               | tappdarden wrote:
               | I would love for trains to get more attention in the US.
               | ...
        
           | nottorp wrote:
           | If you read the analysis published after the MCAS disaster,
           | self certification is something recent so the FAA at least
           | _used_ to have people.
        
         | iamtheworstdev wrote:
         | The problem is that the FAA doesn't have the expertise. The
         | people with the expertise all work for aircraft manufacturers.
         | And odds are the FAA will never pay anyone enough to leave the
         | manufacturers to do the job.
        
           | ajcp wrote:
           | There are other ways to solution for the same outcome, or get
           | closer to it.
           | 
           | 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.
        
           | wolverine876 wrote:
           | > The problem is that the FAA doesn't have the expertise.
           | 
           | 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.
        
             | randomdata wrote:
             | _> Also, IME, this claim [...] 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?
        
         | hindsightbias wrote:
         | Well, there are over 400K parts in a 737 and they're building
         | more than one a day. How many of those need more inspection?
         | How many inspectors do you want to apply to this problem? How
         | much growth of the FAA? How many/long to do a ground up review
         | of every Boeing inspection process? How much more do you want
         | to pay for every flight? What will be the impact on Boeing
         | pricing vs Airbus worldwide?
         | 
         | 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.
        
       | game_the0ry wrote:
       | Finally, after a couple of plane crashes, fantastic investigative
       | journalism, and a door blowing off mid flight (thankfully that
       | was caught on video and shared).
       | 
       | Too little, too late.
       | 
       | We should regulate the regulators, bc I don't trust them either.
        
         | SoftTalker wrote:
         | Do you think Boeing would have (or could have) swept that under
         | the rug if there was no video of the incident?
         | 
         | 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.
        
           | game_the0ry wrote:
           | > Do you think Boeing would have (or could have) swept that
           | under the rug if there was no video of the incident?
           | 
           | 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.
        
             | danaris wrote:
             | I dunno; I think that in a case where you can see photos of
             | a guy holding up a blown-off plane door that fell on (or
             | next to? I don't recall the exact details) his house, video
             | of the incident as it happened is just the icing on the
             | cake.
        
         | wolverine876 wrote:
         | > We should regulate the regulators, bc I don't trust them
         | either.
         | 
         | 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.
        
           | game_the0ry wrote:
           | > Air travel safety _was_ extraordinary.
           | 
           | FTFY
           | 
           | The regulators and regulations are being stress-tested by
           | Boeing's 737-max problems, and we are seeing the regulatory
           | holes in the process.
        
             | ApolloFortyNine wrote:
             | Even with the two crashes air travel was still the safest
             | form of travel those years (as it is every year, it has
             | quite the buffer actually).
             | 
             | This kind of fear mongering doesn't help anything. If
             | airplanes were invented today people like you would have
             | had them outlawed after the first accident.
        
               | peyton wrote:
               | The FAA requested $19.8 billion this year. For just under
               | $20bn the doors should not be falling off planes.
        
         | mc32 wrote:
         | Better late than not at all. I welcome a stringed regime of
         | regulation for aircraft manufacturers and operators.
        
         | mardifoufs wrote:
         | The plane crashes had nothing to do with inspection. You
         | could've inspected a 737max down to every single bolt back in
         | 2017 and not have prevented the crashes that happened after
         | that.
        
           | throwup238 wrote:
           | It's clearly a systemic problem regardless.
        
           | dogman144 wrote:
           | 737 crash was software and training quality. I think if you
           | included those i. a mission critical systems inspection,
           | under which software on planes is about as important as the
           | bolts and metal, then you'd find preventions.
           | 
           | Or, just talk on ex-BA SWE and learn about it from them.
        
             | mardifoufs wrote:
             | I don't disagree that the 737 crashes involved tons of
             | systemic issues at boeing. I just don't think that federal
             | inspections would've helped. There's almost no way a
             | federal inspection system would be more effective than even
             | the lacking software inspection Boeing had.
             | 
             | 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.
        
         | ActionHank wrote:
         | Calm down, they are just considering it.
        
       | brink wrote:
       | What other industry is allowed to inspect itself? It completely
       | ruins the point of an inspection. It's like being the judge and
       | jury in your own trial. I'm amazed this is a thing in the first
       | place.
        
         | game_the0ry wrote:
         | Finance.
         | 
         | As proven by the 2008-2010 Great Financial Crisis, self
         | regulation does not work well.
        
           | shermantanktop wrote:
           | ...in all cases. You've got a great counterexample, but it
           | doesn't invalidate the successful use of self-regulation in
           | other areas.
        
         | moomin wrote:
         | Famously, in the UK, Railtrack outsourced basically its whole
         | operation. Including inspections, often to the same firms doing
         | the work. This culminated in the Potters Bar crash. I worked
         | with someone who survived it. He was, by his own estimation
         | "not quite right" afterwards.
         | 
         | 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.
        
           | pi-e-sigma wrote:
           | Alternative explanation is that there is no money to be made
           | by privatization, not because anybody cares if there would be
           | another accident and a lot of people would die
        
         | ponty_rick wrote:
         | TV channels have self-regulation as well - admittedly it
         | doesn't directly kill people. There's also police departments,
         | I suppose.
        
         | bombcar wrote:
         | The vast majority of industries are _practically_ self-
         | inspected, even when inspectors exist.
         | 
         | 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.
        
           | hn8305823 wrote:
           | > 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.
           | 
           | This doesn't always end well: https://en.wikipedia.org/wiki/1
           | 031_Canal#Partial_collapse_du...
        
             | bombcar wrote:
             | Nothing always ends up well every time, it's about making
             | the balances and allocating resources where they best
             | serve. This is the perpetual policy problem around things
             | like OSHA and other regulatory bodies.
             | 
             | 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.
        
             | quickthrowman wrote:
             | It would be virtually impossible to fully review every
             | construction drawing for accuracy, there are just too many
             | of them. Nothing would ever get built.
             | 
             | 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.
        
         | bryanlarsen wrote:
         | A lot of industries self-inspect with regulatory oversight. For
         | example, the SpaceX Starship mishap investigation that required
         | 63 corrective actions from SpaceX before they were allowed to
         | fly Starship again was done by SpaceX with FAA oversight. It
         | seems that the oversight was effective; I highly doubt that
         | SpaceX would have imposed 63 corrective actions on itself
         | without effective oversight.
         | 
         | 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.
        
           | burnerthrow008 wrote:
           | > I highly doubt that SpaceX would have imposed 63 corrective
           | actions on itself without effective oversight.
           | 
           | 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.
        
             | shermantanktop wrote:
             | Rocket launches have to be close to the ideal candidate for
             | COE-driven improvement. Any actual problems are going to be
             | problems that need solving in the short term, and if they
             | aren't solved, there will probably be short term pain. The
             | costs of each launch are high enough that they have to take
             | low-probability/high-severity risks seriously.
             | 
             | 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.
        
         | dmurray wrote:
         | Stockbroking, cinema, accountancy, law, life insurance,
         | financial planning, nuclear power, real estate, medicine,
         | advertising, media...[0][1]
         | 
         | 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
         | 
         | [1] https://www.investopedia.com/terms/s/sro.asp
        
           | rkangel wrote:
           | An _industry_ regulating itself is different from an
           | _organisation_ regulating itself.
           | 
           | 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.
        
             | nerpderp82 wrote:
             | Self regulation would mean that the org should face much
             | stiffer penalties for failing in its regulation related
             | duties. The increased agency needs to also come with
             | increased responsibility.
             | 
             | 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.
        
               | mulmen wrote:
               | > Self regulation would mean that the org should face
               | much stiffer penalties for failing in its regulation
               | related duties.
               | 
               | 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.
        
             | jncfhnb wrote:
             | That's largely fine though because the stick to enforce
             | good diligence is the threat that the ability to self
             | regulate is removed. As is being seen.
        
               | Wytwwww wrote:
               | After (luckily) just a few hundreds of deaths
        
             | bobthepanda wrote:
             | Also, generally speaking, self regulation involves a third
             | party, like an impartial industry wide organization or a
             | competitor.
             | 
             | Inspecting the self is a bit bonkers.
        
             | beambot wrote:
             | Prominent examples of "Self Regulating Organizations": The
             | New York Stock Exchange (NYSE), The Financial Planning
             | Association (FPA), Chicago Board of Trade (CBOT), American
             | Council of Life Insurers (ACLI), Financial Industry
             | Regulatory Authority, Inc. (FINRA), Fixed Income Clearing
             | Corporation (FICC), Options Clearing Corporation (OCC),
             | American Institute of Certified Public Accounts (AICPA)
             | 
             | https://www.investopedia.com/terms/s/sro.asp
        
               | mattmaroon wrote:
               | By organization he clearly meant single for-profit
               | corporation. While the language was imprecise, he surely
               | wasn't referring to these types of entities.
        
               | WrongAssumption wrote:
               | NYSE and CBOT are single for profit corporations.
        
               | fakedang wrote:
               | NYSE is a for profit entity owned by Intercontinental
               | Exchange. They also own Euronext. And they're regulated
               | by the Sec, but carry out their own regulation efforts
               | too. The parallel isn't that far off.
        
               | fakedang wrote:
               | NYSE is a for profit entity owned by Intercontinental
               | Exchange. They also own Euronext. And they're regulated
               | by the SEC, but carry out their own regulation efforts
               | too. The parallel isn't that far off.
        
               | shutupnerd0000 wrote:
               | All very upstanding and incorrupt organizations
        
               | vkou wrote:
               | Would you like to tell us how the NYSE is corrupt?
               | 
               | Or do they just get tarred with 'Well, they work in
               | finance, of course they are all crooks' brush?
        
               | pi-e-sigma wrote:
               | Just google what they do when they don't like some trades
        
               | mulmen wrote:
               | The standard for corruption is higher than "I don't like
               | your decision."
        
               | vkou wrote:
               | The internet's full of garbage. All that'll find me is a
               | mountain of people who don't understand what they are
               | talking about shouting very loudly.
               | 
               | 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_.
        
               | bunderbunder wrote:
               | These examples are arguably qualitatively different from
               | what's happening with Boeing's self-inspection.
               | 
               | 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.
        
             | cycomanic wrote:
             | That's sort of the same with the SEC and (parts of)
             | financial industry?
             | 
             | One can even argue the tax office is sort of like it.
        
             | f1shy wrote:
             | That wasnot the OP question
        
             | sircastor wrote:
             | And it's important to say that generally you want and
             | industry to regulate itself. This prevents the regulation
             | becoming a burden on the people, and maintains the threat
             | that if the industry doesn't regulate itself then the
             | government (the people) _will_ regulate it. No industry
             | wants oversight, so they do their best to stay in the
             | lines.
        
           | keenmaster wrote:
           | Self-regulatory bodies are usually centralized and separate
           | from any individual corporation. They also tend to answer
           | directly to a government agency and cannot be disciplined by
           | a corporation. While there can still be issues such as a
           | strong revolving door and potential indirect pressure to be
           | nice to the regulated entities, it's not as terrible as what
           | Boeing and other airplane manufacturers get to do (inspect
           | themselves in lieu of regulatory inspections). That's
           | strange, because lives are literally on the line, more so
           | than some other industries with more independent
           | examinations.
        
             | emarsden wrote:
             | Historically, the fact that lives of the public are clearly
             | on the line was part of the argument for allowing partial
             | delegation of safety oversight. The idea has been that any
             | engineer/manager making these decisions will be regularly
             | flying themselves/loved ones, so is going to be suitably
             | cautious. This differed from the situation in coal mines
             | for example, where the miners exposed to the risk were
             | socially/culturally disjoint from engineers/managers.
        
           | pleasantpeasant wrote:
           | SRO sounds like a middle-man in this process. And like all
           | middle-man industries, they suck out money from both sides
           | that they deal with.
           | 
           | 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.
        
             | itsoktocry wrote:
             | > _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._
             | 
             | 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.
        
           | SilasX wrote:
           | This. It's not a problem as long as the self-regulator is
           | kept in line with periodic checks from a higher regulator.
           | 
           | 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.
        
           | JohnFen wrote:
           | > Self-regulation (especially at the industry level rather
           | than delegating to individual companies) doesn't seem
           | completely broken.
           | 
           | 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.
        
           | asdff wrote:
           | Those 10 sorts of industries you cited aren't exactly models
           | of self regulation. Well, they are, in the sense of how to
           | abuse regulatory capture to maximize returns, but not in the
           | sort of sense most people think of regulation which is
           | limiting harm to consumers.
        
           | logifail wrote:
           | > 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
           | 
           | 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?
        
         | newsclues wrote:
         | Congress
        
         | class3shock wrote:
         | This is pretty common in aerospace, defense and, I imagine,
         | alot of other government facing industries. For something like
         | this the inspection procedure is likely approved by the
         | government and verification it's being performed properly is
         | done with lots of submitted and retained paperwork. So maybe
         | less judge and jury and more private vs public attorney filing
         | the same motion. Yes, they could have biases but they both are
         | performing the same task, based on the same laws.
         | 
         | 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.
        
         | wnevets wrote:
         | > What other industry is allowed to inspect itself?
         | 
         | 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
        
           | kmeisthax wrote:
           | Not a great example. The 1st Amendment prohibits literally
           | anything more strict.
        
             | phone8675309 wrote:
             | Not true.
             | 
             | The government could rate movies; what they cannot do is to
             | prevent a movie from being exhibited if it is otherwise
             | legal.
        
         | josh_carterPDX wrote:
         | The FAA is bad, but I would say the FDA is worse.
         | 
         | 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.
        
           | randomdata wrote:
           | _> We also need to get lobbyists out of Washington_
           | 
           | 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.
        
             | NickC25 wrote:
             | Correct - but you CAN get corporate lobbyists and industry
             | lobbyists out of Washington.
             | 
             | 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.
        
           | istjohn wrote:
           | We need to get money out of politics.
        
           | HeyLaughingBoy wrote:
           | How so? The systems I develop are subject to IEC-62304
           | (https://www.iso.org/standard/38421.html). What about that is
           | written by companies? Which companies?
        
         | throwup238 wrote:
         | Clinical diagnostics, for example. Any time you take a blood
         | test and send it off somewhere (Quest, LabCorp, etc.) to get
         | assayed, chances are it goes to a self-regulated and self-
         | inspected lab. These labs hire FDA certified "lab managers" as
         | consultants or employees who are then responsible for all QA/QC
         | procedures and certifying that the lab is capable of doing what
         | they claim. They can be held criminally liable and have quite a
         | bit of authority (a bit like professional engineers) but it's
         | still a cozy employer-employee relationship.
         | 
         | The FDA steps in when something goes really bad but I've never
         | seen them do official spot checks without cause.
        
         | empath-nirvana wrote:
         | Well, the theory is that what is being regulated by federal
         | government is the inspection process of the company, rather
         | than the inspections themselves.
         | 
         | 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.
        
         | AceyMan wrote:
         | The FAA / Aircraft Manufacturer relationship has been oft
         | criticized in the past several decades as being a canonical
         | example of 'regulatory capture.'1 This incident is just more
         | grist for the mill.
         | 
         | 1-https://en.wikipedia.org/wiki/Regulatory_capture?wprov=sfla1
        
         | thsksbd wrote:
         | Pharmaceutical.
        
         | halJordan wrote:
         | You got a laundry list of responses, the take away is that even
         | with modern technology and abilities it is completely
         | impractical to do the sort of inspecting that people seem to
         | think is common place. Even for just one industry, but people
         | seem to think every industry has regulators inspecting every
         | factory. There just aren't enough people or money and if you
         | did somehow do that the bureaucracy would collapse down onto
         | itself in the same way imperial China repeatedly imploded.
         | 
         | Edit: the promise of the blockchain and self executing
         | contracts was to overcome this bureaucracy problem.
        
         | arrosenberg wrote:
         | As others have noted, this is fairly common, and I would argue
         | the correct way to do it. The US government sucks at compliance
         | regulation. I'm sure some countries are better at it, but
         | Americans don't follow rules very well, so trying to police
         | them is a losing affair.
         | 
         | 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.
        
         | bonton89 wrote:
         | After Mattel shipped in a bunch of lead painted toys from China
         | a law was passed requiring inspections for everyone except
         | Mattel who were deemed large enough to inspect themselves, even
         | though their negligence was the cause of the law.
        
         | mrfox321 wrote:
         | the police in America
        
         | asylteltine wrote:
         | The ones that pay off the government which is... everyone!
         | Except you, the private citizen.
        
         | emarsden wrote:
         | There are several good reasons for allowing it. One is that
         | it's difficult for a public inspectorate/regulator to maintain
         | the necessary levels of expertise to assess such complex
         | systems (and increasingly so with technological progress).
         | Furthermore, people working inside the industry have much
         | better access to information about the risks than an outside
         | inspector has.
         | 
         | 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.
        
         | nashashmi wrote:
         | Every industry self inspects. The city inspects its utilities.
         | The construction companies inspect their own work. The only
         | time an outside inspector is used is when the company is doing
         | the work for a client, so the client uses an inspector..
         | 
         | If you screw up inspection repeatedly, then you get replaced.
         | This article is about a weird govt flex.
        
         | akira2501 wrote:
         | > It completely ruins the point of an inspection.
         | 
         | What is the point of an inspection?
        
         | nielsbot wrote:
         | Pretty sure the meat industry is
        
       | psychlops wrote:
       | I guess they could always use inspectors from Airbus since I
       | doubt the US regulators are qualified.
        
       | Scoundreller wrote:
       | Have we concluded that the bolts/nuts/door was assembled
       | incorrectly and not faulty metallurgy or faulty assembly
       | instructions?
       | 
       | 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).
        
       | sokoloff wrote:
       | It's not clear to me _which aspects_ of Boeing 's authority are
       | in question even after reading the FT article.
       | 
       | 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.
        
       | strangattractor wrote:
       | Many people seem to think this couldn't/wouldn't have happened if
       | someone else had been doing the inspections. This problem was
       | likely caused by a flaw in the process. A mistake a 3rd party
       | could also make. It is not a mistake where Boeing is doing
       | nefarious cost cutting and needs to hide it or has made a huge
       | engineering mistake affecting all the aircraft. Somebody put the
       | plug in - got a phone call, or shift change, put your diversion
       | here - and forgot to put in the bolts. The inspection - if it
       | occurred - failed to notice. I suspect the documentation on the
       | plane will help identify how and by whom. It could just as easily
       | been some other 3rd party mechanics doing routine maintenance.
        
         | treesknees wrote:
         | I was with you until midway. You're making quite an assumption
         | while the NTSB's investigation is still ongoing. We don't know
         | the root cause - Those bolts may have very well been in place
         | and passed an inspection during install, but rattled loose and
         | fell out (and then subsequently were blown out of the plane
         | when the plug failed.)
         | 
         | 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.
        
           | graton wrote:
           | > Those bolts may have very well been in place and passed an
           | inspection during install, but rattled loose and fell out
           | (and then subsequently were blown out of the plane when the
           | plug failed.)
           | 
           | 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.
        
             | 51Cards wrote:
             | Agreed, those are not going to rattle loose. Even if the
             | cotter pins were all missing, 4 nuts would have had to back
             | off fully and 4 bolts would have had to wiggle out, not to
             | mention they would likely be under pressure from the guide
             | pin during flight. Again, the final report will tell all
             | but it really seems to me that they were just not there.
        
           | strangattractor wrote:
           | I do not think using words such as "likely" and "I suspect"
           | constitute asserting anything. Those doors and plugs are
           | designed to wedge themselves against the seal when they are
           | in place. Just looking at them from the outside will not give
           | any indication as to whether they are bolted. A few rapid
           | vertical jolts (which might occur in flight) could jar them
           | loose without the bolts. There is no damage to the structure
           | of the plane. Bolts on planes are either carter pinned,
           | safety wired or have a nylon ring to prevent loosening. They
           | generally don't just fall off - not to mention having several
           | fall off simultaneously.
        
         | janice1999 wrote:
         | The company responsible for the door installation is Spirit
         | AeroSystems. They've been sued for "widespread quality
         | failures" before [0]. The workers raised issues and were
         | ignored [1] and allegedly told to falsify records.
         | 
         | [0] https://news.yahoo.com/maker-boeing-door-plugs-
         | sued-00335449...
         | 
         | [1] https://jacobin.com/2024/01/alaska-airlines-boeing-parts-
         | mal...
        
           | sschueller wrote:
           | Let's not pretend that Spirit AeroSystems isn't just
           | basically a sub devision of Boeing.
        
           | lamontcg wrote:
           | They were spun off from Boeing though and I think focusing on
           | them as an entity separate from Boeing for finding fault is
           | the kind of reason why Boeing spun them off. We shouldn't
           | take that bait and should be considering them a division of
           | Boeing (yeah, even though they also sell parts to Airbus).
           | 
           | 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.
        
         | feedforward wrote:
         | I agree 100%! As a proud, patriotic American I don't want _BIG
         | GOVERNMENT_ interfering with the free market either - even if
         | the windows of airplanes are being blown off mid-flight.
         | 
         | 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.
        
         | janice1999 wrote:
         | > It is not a mistake where Boeing is doing nefarious cost
         | cutting and needs to hide it or has made a huge engineering
         | mistake affecting all the aircraft.
         | 
         | 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
        
         | asdff wrote:
         | This entire narrative about Boeing in the media to me just
         | screams of insider trading. The stock went up 68% in a month,
         | then held flat for two weeks, only breaking down the day the
         | screw story breaks. People definitely knew this was coming in
         | December and were selling off what they could without
         | triggering a panic sell off. Perhaps even that November pump
         | and favorable headlines about order sheets at the time was also
         | orchestrated. Interesting to speculate.
        
         | mattmaroon wrote:
         | The same problem has been found on several plans. Far too many
         | and too high a percent to not be a systemic issue. A phone call
         | or shift change might explain one or two errors, not the same
         | error in many planes across multiple airlines.
         | 
         | 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.
        
           | 51Cards wrote:
           | Just a note that the bolts problem on other planes is not the
           | same as this one. This plane it seems that the locking bolts
           | were missing entirely, not just loose. Their design requires
           | a cotter pin and castelated nut to disappear and then for
           | them to be completely removed, all 4, before the door can
           | move. They act like a pin locking the door in place so all 4
           | have to no longer exist vs. just being loose. Of course the
           | final report will tell but it looks like they were just not
           | there. The other loose bolts found do however indicate a lack
           | of attention and inspection in this area on a whole which may
           | have contributed to this slipping through.
        
         | roody15 wrote:
         | Hmm they have already found 7 other planes with loose bolts in
         | the same section. On other airlines besides Alaska. Don't think
         | distracted 3rd party is the issue... seems more like a
         | production problem considering the Alaska airlines 737 was only
         | 2 months old
        
         | EasyMark wrote:
         | That seems doubtful since it's not happening on airplugs in
         | other planes. Sure a third party could have failed as well, but
         | Boeing's current lax inspection standards are far more likely
         | to fail (with the incentive to cut costs as much as possible)
         | than a 3rd party whose sole reason for survival/earnings is to
         | get paid for doing inspections. I trust greed more than I trust
         | a "gentlemen's agreement" to do the right thing.
        
       | Animats wrote:
       | That should have been done years ago, with the first 737-MAX
       | problems.
        
       | houseofzeus wrote:
       | Alternate title: US regulator considers returning to doing its
       | job
        
       | Guzba wrote:
       | Seems like an empty threat. The obviously best position for gov
       | is to always have the "you all messed up don't make us come
       | regulate" line available to them. It sounds good. The moment they
       | start regulating, all the mess-ups are mud on their face. Who
       | wants that?
        
       | ryanisnan wrote:
       | I posted this because I was curious to learn that indeed,
       | aviation companies were doing this.
       | 
       | 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?
        
         | htrp wrote:
         | >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.
        
           | ryanisnan wrote:
           | Is the infighting you speak of politically motivated? Is this
           | a QA vs. Dev mentality?
        
             | denimnerd42 wrote:
             | Development slows to a crawl and nothing gets done. We have
             | audit teams up our ass at my job and you can't do anything
             | due to the 100 layers created by previous audits. There has
             | to be someone that says "work needs to get done" we don't
             | really have that.
        
       | wanderingmind wrote:
       | As an aside, For all those who talk about corruption and getting
       | money out of politics I suggest reading Federalist 10 by Madison.
       | Its a deep analysis of a need for a republican democracy. Any
       | government that depends on human virtuousness will fail. 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.
        
         | gottorf wrote:
         | > Any government that depends on human virtuousness will fail.
         | 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.
         | 
         | 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.
        
           | tw04 wrote:
           | > And government should only have as much power as you think
           | the worst possible people in charge should have.
           | 
           | 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.
        
             | mikepurvis wrote:
             | I think that's the right take, with particular attention to
             | overall transparency, since otherwise you have nothing--
             | how do you hold someone accountable if you don't have the
             | right to see what they're up to?
        
             | gottorf wrote:
             | > 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...
        
             | brightball wrote:
             | > there isn't a single decision in my life I would pass off
             | to the worst person I could think of
             | 
             | 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.
        
               | ImPostingOnHN wrote:
               | The discussion was about giving power to an entire
               | government, not an individual.
        
               | verve_rat wrote:
               | Sounds like South Carolina follows a Westminster style
               | government. Look at the UK, NZ, AU governments (and I
               | assume Canada, don't know for sure): A King, or Governor-
               | General, with the theoretical power to override
               | parliament. A Head of State which can issue decrees and
               | makes important decisions "on the advice of the Prime
               | Minster".
               | 
               | 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.
        
             | not2b wrote:
             | "people in charge" doesn't just include elected officials,
             | it also includes heads of corporations. Checks and balances
             | has to apply to them as well, meaning that regulation is
             | necessary.
        
             | DANmode wrote:
             | What they're describing is _infrastructure_ , which is what
             | government should be.
             | 
             | Not a ruling class.
        
             | akira2501 wrote:
             | > we should literally have no government or society to
             | speak of
             | 
             | 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.
        
               | autoexec wrote:
               | > I don't think society is dependent on government.
               | 
               | 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)?
        
               | akira2501 wrote:
               | You'd have to more thoroughly define "successful." You'd
               | also have to explain why you think the lack of one would
               | prove any point.
        
               | autoexec wrote:
               | It's not that the lack of one proves it's impossible, but
               | if one existed it'd sure be evidence that government
               | isn't a requirement. As for "successful" I suppose that
               | is very much subjective. Is there one _you 'd_ consider
               | to be successful?
        
             | AnthonyMouse wrote:
             | > 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.
             | 
             | 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.
        
               | mulmen wrote:
               | There is another failure mode. The prosecutor can refuse
               | to prosecute a guilty party. This can happen for several
               | reasons. 1) corruption, don't prosecute your friends. 2)
               | ideology, the law or punishment are "unfair" or the
               | defendant is "misunderstood" or "disadvantaged" according
               | to the prosecutor. 3) politics, to advance their
               | political careers prosecutors want an unblemished record
               | of successful convictions.
               | 
               | It is good that our system biases toward avoiding
               | wrongful conviction but there's no check that forces a
               | party to "do their job."
        
               | LeroyRaz wrote:
               | You can have multiple prosecutors. E.g., if one does not
               | want to prosecute (and so not get paid) then another
               | will.
               | 
               | While you can't ensure an individual does their job,
               | market forces and competition can ensure the job gets
               | done (by someone).
        
             | nomel wrote:
             | Many good answers, but to put it simply, ideally you create
             | a system that assumes abuse, which will then make abuse
             | _difficult_ or obvious. If you make any positive
             | assumptions about someone in power, then they will,
             | eventually, be used against you.
        
             | gretch wrote:
             | In addition to all of the theoretical responses provided, I
             | would also say that the US has withstood the test (so far).
             | 
             | 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.
        
           | TylerE wrote:
           | > And government should only have as much power as you think
           | the worst possible people in charge should have
           | 
           | 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.
        
             | cracrecry wrote:
             | More power than the Government has?
             | 
             | 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.
        
               | TylerE wrote:
               | If you think the worst people cannot have nuclear
               | weapons, then by your own logic governments should not
               | have nuclear weapons, because a bad person could get
               | elected and then have nuclear weapons.
        
           | baryphonic wrote:
           | Just for reference, the "ambition must be made to counteract
           | ambition" line comes from Federalist 51, also by Madison.
        
           | janalsncm wrote:
           | What they failed to recognize is that factions (i.e.
           | political parties) will inevitably form so they should be
           | regulated. There is nothing in the Constitution about
           | political parties. They found the time to mention the Post
           | office but not political parties.
           | 
           | > 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.
        
           | huytersd wrote:
           | China hasn't reached it yet but once Xi is out they have to
           | hope they can find another benevolent king or the entire
           | system is going to come crashing down.
        
           | graemep wrote:
           | > Modern China has already reached the end of their system, a
           | scant 50 years after Mao Zedong.
           | 
           | 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.
        
           | OtherShrezzing wrote:
           | Strangely the UK, which has a no formal constitution and an
           | unimaginable number "gentleman's agreement" parliamentary
           | traditions - with absolutely no recourse for political
           | malfeasance - has faired remarkably well for hundreds of
           | years. The entire system is built on the notion that "the
           | next leader will probably not undermine the entire system".
           | It's only really faced a couple of real internal systemic
           | threats throughout its history and was (until the last
           | decade) considered a bastion of political stability.
        
         | Waterluvian wrote:
         | Over many discussions with American friends I have been
         | persuaded that a governmental system that is fundamentally
         | untrusting of the various components is one of the main
         | features of American democracy.
        
         | blibble wrote:
         | > Its a deep analysis of a need for a republican democracy.
         | 
         | > 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
        
           | hangonhn wrote:
           | Aren't most modern constitutional monarchies just a veneer
           | over a republican democracy anyways? The monarch wields no
           | real power -- even if on paper they may still retain a great
           | deal.
           | 
           | 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.
        
             | blibble wrote:
             | > Aren't most modern constitutional monarchies just a
             | veneer over a republican democracy anyways?
             | 
             | 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)
        
               | InTheArena wrote:
               | Absolute monarchy was still a thread at this time. They
               | just called it enlightened despotism. The colonists were
               | objecting to taxation (and really any form of government)
               | without representation, which both the monarch and the
               | parliament were at fault for. Enlightened Despotism died
               | when George III didn't apply reason (as the colonists saw
               | it) to rectify the problem.
               | 
               | 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.
        
               | blibble wrote:
               | > Absolute monarchy was still a thread at this 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
        
               | InTheArena wrote:
               | Absolute monarchy never really existed in England. There
               | is more to the world then England, and monarchy as
               | government is still a thing. After all, a short hop-skip-
               | jump across the channel, there is a French king soon to
               | lose his head.
        
             | ianburrell wrote:
             | The important difference isn't between monarchy or
             | republic, but how the executive is chosen. Parliamentary
             | democracies elect the prime minister. Presidential
             | democracies have separate executive. For example, Ireland
             | is parliamentary republic; the president is only head of
             | state, the prime minister has all the power.
        
               | pi-e-sigma wrote:
               | That's not true. It varies by country, in some most power
               | is hold by president, in some by premier, yet in some
               | it's a mixture. But I don't know any country with a
               | premier who is elected by the people. He is either
               | selected by president or is the leader of the winning
               | party. The executive can be chosen in various ways in a
               | monarchy, too, because there are constitutional
               | monarchies, too, where power of a monarch is limited
               | (famously the UK is still a constitutional monarchy, but
               | their monarch holds almost no power, but it wasn't so
               | historically). You obviously only had the worst kind of
               | monarchy in mind, the absolute monarchy
        
           | DennisP wrote:
           | It turned out the US system depended more on human
           | virtuousness than many of us realized. Personally I've been
           | kinda shocked to find out how much was just based on norms
           | and traditions with no enforcement at all.
        
             | rootusrootus wrote:
             | I agree. But on the other hand, it has survived a pretty
             | steady onslaught so far, with a significant plurality of
             | the elected representatives trying to subvert it. There's
             | hope yet.
        
         | foldr wrote:
         | If the goal is just sustaining government then there are lots
         | of countries without those features that have a longer history
         | of sustained government than the US.
        
           | quickthrowman wrote:
           | There are three governments that have existed longer than the
           | US. Sweden, UK, Denmark.
           | 
           | https://www.reddit.com/media?url=https%3A%2F%2Fi.redd.it%2Fo.
           | ..
           | 
           | Microstates don't count.
        
         | TylerE wrote:
         | While the Federalist Papers are great works, I don't agree with
         | taking them as enlightened guidance from on high. They were
         | theorizing. No one of them really knew how a modern
         | democracy/republic would actually work in practice.
         | 
         | 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.
        
           | adamisom wrote:
           | you could even say that the USA founders' vision is the worst
           | ever tried--except for all those others.
        
             | jacquesm wrote:
             | There are plenty of other countries that have similar or
             | even better (depending on the viewpoint of the observer)
             | systems of governance, this sort of American exceptionalism
             | isn't rooted in an objective evaluation but simply a nice
             | soundbite and a riff on the 'democracy' one, which has a
             | lot more substance to it.
        
           | gottorf wrote:
           | > 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.
        
             | TylerE wrote:
             | Here's Thomas Jefferson writing to James Madison in the
             | early 1790s:
             | 
             | "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...
        
           | InTheArena wrote:
           | The Supreme Court itself wasn't really defined by the
           | constitution - they conveyed a need for it - but not how to
           | structure it, given the lack of historical data. They also
           | foresaw the problems with parties but didn't take enough
           | steps to retire them.
           | 
           | 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.
        
         | hash872 wrote:
         | >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
         | 
         | 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
        
           | iteria wrote:
           | Look at all those nations you listed that are very
           | homogeneous. I want a nation with significant culture
           | tradition differences listed that is like that. American
           | exceptionalist is mostly BS but we do have some ways that we
           | are very unique as a nation and that is how many different
           | kinds of major cultures we have hanging out in US. People
           | handwave the US as all the same but that is very much not the
           | case. Even for as good as American indoctrination is, nothing
           | is gonna change that living in Montana is nothing like living
           | in Florida. What rural urban even means in both states is so
           | different. And we've been this heterogeneous.
           | 
           | 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.
        
             | nneonneo wrote:
             | Canada is bicameral but with a dysfunctional senate,
             | meaning that it's effectively a unicameral system - and
             | it's a highly diverse country.
        
             | hash872 wrote:
             | >nothing is gonna change that living in Montana is nothing
             | like living in Florida
             | 
             | 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
        
             | NoboruWataya wrote:
             | It's not just homogeneity, they are also tiny. I didn't
             | check all of them but I would guess Portugal is probably
             | the biggest of those, with about 10 million people or 1/30
             | of the population of the US.
        
             | bryanlarsen wrote:
             | > Look at all those nations you listed that are very
             | homogeneous.
             | 
             | New Zealand isn't.
        
           | InTheArena wrote:
           | Comparing tiny countries at the edge of Europe and the edge
           | of the world with the the US as super-power is a weakness.
           | 
           | 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.
        
             | blibble wrote:
             | > Every country has adopted American Republicanism with a
             | clearly defined and written constitution that has some form
             | of separation of powers.
             | 
             | the UK has none of this and its current system of
             | government predates the US
        
               | InTheArena wrote:
               | The modern UK state has superficial resemblances -
               | primarily in a shiny ceremonies with colonial era
               | Britain,
        
         | notJim wrote:
         | > The only way to have a sustainable government is to have
         | strong checks and balances
         | 
         | 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.
        
           | returningfory2 wrote:
           | > 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.
           | 
           | 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.
        
             | baryphonic wrote:
             | How is the filibuster unconstitutional? The Constitution
             | explicitly gives each House the power to select its own
             | rules, and the Senate is never "dissolved" like the House
             | of Representatives is, so its rules carry on.
        
               | returningfory2 wrote:
               | Legal scholars as in [1] can make the point better than
               | me:
               | 
               | > 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...
        
           | mason55 wrote:
           | > _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._
           | 
           | 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.
        
             | janalsncm wrote:
             | Precisely. There's effectively no forcing mechanism which
             | guarantees any factions work with each other. So I see
             | Washington's farewell address warning against factions less
             | as a drop of quaint wisdom but more of a last ditch attempt
             | to rectify a gaping hole in the constitution they had just
             | written.
             | 
             | 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.
        
           | ethbr1 wrote:
           | I'd argue that the US biparty system tends to have fewer
           | checks and balances than a parliamentary system.
           | 
           | 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.
        
             | jackcosgrove wrote:
             | In recent times the Supreme Court has also been staffed by
             | graduates of only a handful of law schools. I think that,
             | more than a dedication to the rule of law, is what sets
             | them apart from the rest of the country. Given the
             | complexities of harmonizing a large body of law that's
             | centuries old, I'm not sure there's a better way. But I
             | think we should always remember that the Supreme Court is
             | by far the least representative and least democratic branch
             | of government.
        
             | HDThoreaun wrote:
             | You need 60% in the senate to get anything passed. There
             | have been many cases where one party controlled all three
             | but couldnt accomplish much due to the filibuster. Famously
             | Obama's first couple years.
        
           | AnthonyMouse wrote:
           | > 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.
           | 
           | 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.
        
           | NoboruWataya wrote:
           | Other democracies do generally have their own checks and
           | balances. They might not be the same set of checks and
           | balances as the US, but it's difficult to say as a whole that
           | they are weaker. It's true that often the division of the
           | executive and legislative branches is rather weak. But on the
           | other hand there is often a stronger division between the
           | judicial and other branches as judges are appointed
           | independently. There are plenty of countries out there with
           | very strong constitutional courts as well.
           | 
           | 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...)
        
           | Adverblessly wrote:
           | > In a parliamentary system, the need to build a governing
           | coalition can result in greater incentives to compromise.
           | 
           | 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.
        
           | parineum wrote:
           | This seems like a very presentism viewpoint. I don't think
           | your points hold historically nor do they acknowledge that
           | "strong checks and balances" and the adversarialness of
           | congress is the same thing and considered a feature, not a
           | bug.
        
         | baryphonic wrote:
         | Madison elaborates also on this theme in Federalist 51, but
         | with separation of powers rather than federalism & factions.
        
         | Consultant32452 wrote:
         | The form of government is irrelevant compared to the culture
         | that is being governed.
         | 
         | 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.
        
         | throw0101d wrote:
         | > _For all those who talk about corruption and getting money
         | out of politics I suggest reading Federalist 10 by Madison. Its
         | a deep analysis of a need for a republican democracy. Any
         | government that depends on human virtuousness will fail._
         | 
         | 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.
        
           | blibble wrote:
           | > 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.
           | 
           | it is utter madness that politicians are involved in anyway
           | in certifying the results of elections
        
         | janalsncm wrote:
         | > Any government that depends on human virtuousness will fail.
         | 
         | 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.
        
         | happytiger wrote:
         | This is precisely why the Department of Homeland Security was
         | such a bad idea.
         | 
         | For anyone interested, the only thing I can add of use to this
         | thoughtful comment is a link to the paper:
         | 
         | https://avalon.law.yale.edu/18th_century/fed10.asp
        
         | ed_balls wrote:
         | > government that depends on human virtuousness will fail.
         | 
         | that was the crucial difference between communism and
         | capitalism. Communism used virtuousness only, when capitalism
         | used virtuousness and greed. Communism failed.
        
       | cromka wrote:
       | Can someone explain why the focus is on FAA, while there's also
       | EASA and others? Do they also allow Boeing to self-inspect and
       | self-evaluate themselves like FAA does?
       | 
       | 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?
        
         | yyyfb wrote:
         | I don't know if that's at play, but the specific door
         | configuration that Alaska 1282 had is apparently not that
         | common in Europe. I'm sure EASA will take note though.
        
           | cromka wrote:
           | > I'm sure EASA will take note though.
           | 
           | 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?
        
         | emarsden wrote:
         | There are indeed several other examples of this partial
         | delegation of authority for decisions concerning safety, either
         | to industry players or to third parties, though the FAA "ODA"
         | mechanism is probably the most prominent. EASA's mechanism is
         | similar in many respects, but more focused on properties of the
         | oversight entity within the designer-manufacturer firms than on
         | properties of the individuals doing the work. I wrote a
         | discussion paper on precisely these issues a few weeks ago,
         | which discusses some of the questions related to independence
         | from commercial pressure, access to expertise, and so on:
         | 
         | https://onedrive.live.com/?authkey=%21ALZ0IuyZGHImolY&id=D37...
        
           | cromka wrote:
           | Woah, amazing!
        
         | xenadu02 wrote:
         | I don't recall if it is just by handshake agreement or in an
         | actual treaty but the country where the manufacturer of a plane
         | operates is the one designated authority over that
         | manufacturer.
         | 
         | 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 protege
         | 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.
        
           | cromka wrote:
           | > 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.
           | 
           | 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.
        
         | MilStdJunkie wrote:
         | EASA generally respects FAA activities unless something's
         | _extraordinarily_ fuggity fuggity boop. The _reverse_ is also
         | true, so you can get EASA auditors in a US plant. . but woo
         | boy, there is no way to express the sheer _panic_ we would all
         | feel when we learned our pet FAA DER was going to be replaced
         | by some steely-eyed Aryan bastard from EASA with his
         | micrometers and tiny little notebooks. Those guys did _not_
         | screw around. Speaking anecdotally, of course.
         | 
         | 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"
        
       | iancmceachern wrote:
       | Should have never been given.
        
       | Dowwie wrote:
       | [January 2021] Boeing Charged with 737 Max Fraud Conspiracy and
       | Agrees to Pay over $2.5 Billion:
       | https://www.justice.gov/opa/pr/boeing-charged-737-max-fraud-...
        
       | shadowgovt wrote:
       | FWIW, it did NASA wonders when they created the IV&V program to
       | strip individual facilities the right to self-inspect missions.
        
       | nashashmi wrote:
       | It is sad to see the number of commments here and no one mentions
       | that a manufacturer not inspecting their own work is like an
       | employee who does not check his own work, or an engineering team
       | that does not check its work.
       | 
       | 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.
        
       | mattcantstop wrote:
       | 40,000 deaths each year in the United States resulting from cars,
       | and nobody lifts a finger. The side of a plane pops off a few
       | miles up in the air and everybody loses their minds.
        
         | ironmagma wrote:
         | You're making your (our) cause look bad. There are a lot of
         | issues with cars but this isn't one of them. Cars essentially
         | work as intended, and when they don't there are recalls,
         | lawsuits, and NHTSA investigations.
        
           | error9348 wrote:
           | There are all kinds of externalities, including safety, which
           | are ignored. US tax policy which allows write offs _only_ for
           | large vehicles which are more likely to cause deaths. Tire
           | emissions. Congestion pricing -- common in Europe -- needs
           | years or reviews and lawsuits. NHTSA doesn 't require bicycle
           | test devices.
        
         | nickvec wrote:
         | And almost all of these deaths are the result of user (driver)
         | error, whereas passengers on a flight have no say in Boeing's
         | design of their planes and/or whether the door gets ripped off
         | mid-flight. You're comparing apples and oranges here.
        
           | philipwhiuk wrote:
           | Because passengers are incapable of choosing not to fly?
        
         | jsight wrote:
         | I wouldn't say that nobody lifts a finger. There's a lot of
         | analysis going on each year to try to improve the situation.
         | And vehicle automation is seemingly starting to make progress
         | on reducing various collision types, especially with
         | pedestrians.
         | 
         | 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.
        
       | will5421 wrote:
       | Who said show me the incentives and I'll show you the outcome?
        
       | nielsbot wrote:
       | Please f*cking do it
        
       | inglor_cz wrote:
       | "Nemo judex in causa sua" - "No one should be judge in their own
       | cause"
       | 
       | 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.
        
       | nickvec wrote:
       | It's absurd that Boeing even has the right to self-inspect their
       | planes. Logically, it makes zero sense, but money talks I guess.
        
       | baskint wrote:
       | you got to be kidding me!!! is this for real? wtf!
        
       | InTheArena wrote:
       | While you at it, do what the Biden Administration threatened to
       | do to Musk - remove Boeing's CEO's ability to be CEO of a large
       | public company.
        
       | feedsmgmt wrote:
       | At this point why allow anyone to self inspect or self report
       | anything? What's the upside to allowing the risk?
        
         | EasyMark wrote:
         | The upside is obviously that it's cheaper for the government.
         | However, given Boeing's failures, that is no longer a
         | reasonable bet to hedge on. We need to stop it before air
         | travel becomes even more dangerous than car travel. Self-
         | regulation with occasional friendly audits did work for a few
         | decades, though, but Boeing got lazy and cocky and the FAA got
         | too friendly and incestuous.
        
       | EasyMark wrote:
       | That would be a very logical step to take given their recent
       | history, they don't seem to be able to police themselves since
       | the bean counters are in charge rather than engineering/long-term
       | centered executives.
        
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