alt Hacker NewsOkay great: people want to bet. Should we legalize heroin and legalize advertising heroin on TV? I don't really have interest in arguing the point with you. If you think "people want to do it" is sufficient then that's fine, and other readers can be convinced-or-not by that argument. I don't think this argument is even within earshot of the legitimacy of the arguments for the other two "unforced errors" you mention.
Secret law: The Wikipedia section heading being "secret law" does not actually make it a "secret law" in the sense that most Americans would read it. What it's referring to is a set of secret court rulings. Which are, yes, very problematic and not something I'll defend. But the phrase "secret law" would cause most Americans to think of secret legislation, which does not exist.
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I hate semantic and pedant arguments on the Internet but this is worth it:
We don't legalize things in America, we illegalize things.
The constitution doesn't give us rights, it actually takes them away so our government can operate.
We give freedom lip service in this country but if you truly believe in it this is what we must drill into people in civics class and in discourse.
This is in fact what happened with sports betting. They wrote a law making it illegal. That law got struck down, so we are back to the default which is it is legal.
We can make it illegal again to address the court ruling, but it's an uphill battle.
1) If most Americans haven't reflected that law and legislation are different words then so be it, but I don't intend to hold myself accountable.
2) Bear in mind how the "they're obviously going to be scanning internet traffic" conversations went back in the 90s and 00s (where it went from absurd tinfoil hat talk to common sense assumption basically overnight). If they do turn out to have secret legislation that feeds into the FISA court then I reserve the option of being smug in retrospect. It seems quite reasonable that they would need secret legislation to operate the secret court that produces secret laws likely enforced by secret police. There is pressure to recreate the whole legal system with the word "secret" in front of it to make any individual secret part work.
It's a secret court; I doubt any of us know what is going on in there. This is one of the major problems with secret courts, it is not possible to opine on how they are working without speculation.