alt Hacker NewsIsolating yourself to small legal circles can unfortunately open yourself to the vulnerability of mistakenly appealing to the authority of legal training that has specifically been tailored for success in the system we're in, which may optimize for coming to conclusions that help you win cases rather than optimizing for some other analysis. Looking at the bigger picture is an entirely different skill set than having legal training to be a good lawyer, so I think it's folly to place in special stake in "small legal circles" for this and in the worst case, might usher you into an echo chamber built out of practical adaptation.
If I wanted a healthy view I might include those with legal backgrounds but they would only be a small selection of the landscape of ideas to draw from, I certainly wouldn't place special stock in the "legal" community.
I'll watch out for that. But ultimately I do want my view of the world to be the law of the land, which means "win cases", specifically reflecting my view and my currently obscure arguments. My observation is that populist arguments are the ones that fail because they don't understand the mechanisms and obscurity.
A now-less-obscure view is based on the observation that the New Deal used a completely novel and expansive view of the interstate commerce clause that completely subjugated the states and essentially created a parallel nation overlaying the collection of states - what was called the Federal government for practicing federalism was now only nominally federal, as Congress now only grants exceptions for state autonomy just to retain support on occasion. Despite how disruptive it would be to review this arrangement, this 100 year use of the interstate commerce clause is completely on shaky constitutional ground
The entire federal agency apparatus could be Thanos-snapped out of existence, just like the 1930s Supreme Court was doing
(I don't want that specific thing to happen, and I don't see the alternate federal authority for most of the agencies and their regulations if it were to happen, so that would be very disruptive)