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Cake day: June 5th, 2024

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  • Open source products, back in the day, competed against the giant corporations of their time, which spent vast sums on R&D, and yet succeeded. That’s because massive organizations lack agility, suck at innovation and fail to inspire people with real talent. They might make a few prestige hires here and there, but who wants to work for Microsoft or for a greedhead VC tech bro, even if it means a big payday? And there are more ethical organizations around that are not controlled by Altman or other greedhead tech bros like Zuckerberg.















  • Yes, the Constitution distinguishes “appellate jurisdiction” and “original jurisdiction.” Some cases go straight to the Supremes: for example, disputes between states. That’s original jurisdiction. They try those cases. But appellate jurisdiction is specifically mentioned as something that Congress can regulate, though Congress never has, just as they have never passed legislation to allow enforcement of the Emoluments Clause.

    Here’s Section 2, boldface is my own:

    In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

    That’s very much not “all cases.” There is a very clear qualification added to that. It’s an instance of checks and balances that have never been exercised, since the Supreme Court has only done a small number of power grabs over the year-- the biggest being that, absent Congressional action, they granted themselves the power of judicial review, which is a distinct power from appellate jurisdiction. And that has been something that, through inertia, spinelssness or fear of opening cans of worms, Congress has never addressed, despite having the power to do so.