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Based on the previous comment, it sounds like the fuzziness well predates Trump.

Are you arguing that the fuzziness was built into the system previously to allow presidents to pick winners and losers in the auto industry? Do you know if there are clear examples of past presidents actually using that power?


The fuzziness was primarily left to bureaucrats making best guesses, without any particular agenda. Of course there would be some bureaucratic capture going on, but shame would still work. Systems work best with some sort of fuzzy logic, which is what courts and bureaucrats provide. Regulations are not supposed to be a suicide pact.

What has changed here is that loyalty to the head of state is the primary determinant for all of the gray areas — and that guy can be as arbitrary and capricious as he wants. Context always matters; context is the difference between prerogative and corruption.

> but shame would still work

Unfortunately, we are waaaaay past that point.

> left to bureaucrats making best guesses, without any particular agenda.

That's incredibly naive. Bureaucracies have agendas either intentionally (political appointments) or organically.

The corruption may be more brazen and direct under Trump but the incentives have always been there

Usually industry insiders just switch jobs directly into the bureaucracy writing the laws?
There is a revolving door between industry and bureaucracy, true. There is a problem with getting qualified people who are not conflicted financially and who are not bound by preconceptions. This problem is not particularly tractable, but granting all the decisions to the leader can only make it worse.
Granting the powers to either is also an option, and a reasonable one in my opinion if our two options are granting decisions to those using the revolving door or the one person at the top (regardless of who that person is).
Sure, it's an inherently fuzzy concept, but that hasn't mattered much until now.
I actually see this as an example of why the fuzziness should always matter. We may occasionally find good reason to take the risk, but we have a ton of this kind of fuzziness written into our countless laws and we have no real way to stop those in charge from deciding to misuse it.
The mechanism to stop it is to lean on the chickenshit Republican congress critters to impeach and convict the president who is using his discretionary powers to overtly loot for personal gain, attack our country (/me waves at the import blockade), and is already ignoring the check of the judiciary. It would be great if there were other methods of accountability, yes. But it's impossible to codify legal rules into perfect mechanically-executable formalities, and it's impossible to avoid the principle agent problem. Since you seem to be concerned about this problem, surely you are contacting your congressional representative and senators to express support for impeachment, right?
I live in a state where unfortunately my senator will absolutely never turn on Trump and impeach, those calls would be a waste of time.

I agree that holding people accountable today is important if and when laws are broken. But surely you can't just stop there. We don't need to codify legal rules perfectly, but acknowledging that we can't should lead to much more hesitation with the powers we allow and the sheer size of our legal codes.

Dealing with an immediate problem first makes sense. We would need to follow that up with overhauling our laws to better ensure this can't happen again. We're never going to do that though, solving the root cause is slow, tedious, and politically untenable.

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