You want discretion for judges so that they can respond to the problems of their era wisely rather than rigidly applying the ideas of another time without nuance
Unless those judges themselves have a fondness for an imaginary "great" time, and will apply their reasoning in a way that just happens to fit their ideology.
Law is either rigorous or it's not. When I'm told that the law is against me but gosh darn it the law is the law, I grow resentful of the "discretion" reserved for some but not others.
Occupy did not fail, it successfully shifted the entire national political conversation of the United States toward considerations of the class warfare being waged by the wealthy against the general population in ways that are continuing to publicly echo in campaigns and policy discussion ever since
The fact they get brought up in such conversations still is proof of that, however i would counter that they failed in their main stated objectives and were dismantled, beaten, even ridiculed in public for it. They became a stark reminder that the rich are far too powerful.
An invasion by US forces was planned, with expected US losses to dwarf those on Normandy by an order of magnitude. Japanese losses would dwarf those, in turn.
The invasion likely would have been stalled, and the alternate plan was blockade of the islands to interdict food supplies, and Hirohito is on the record after the war as saying he feared a Lord of the Flies-style mass breakdown of society after famine.
But the reason an invasion was planned rather than waiting for starvation was that Stalin was planning to invade. I.e, if the US had been OK with Japan's ending up in the Soviet orbit, both a nuclear attack and an invasion could have been avoided.
Im not sure Japan would have surrendered. The real question is: why was total surrender the only acceptable outcome to the FDR admin? To the point that mass killing civilians was preferred over a negotiated peace.
How do we know that underground testing has little consequences if all the sites are national security zones. What we do know is that the underground geology is likely permanently compromised, at least within any meaningful time frame, and all nearby aquifers and other water deposits are poisoned for all intents and purposes into the distant future. These tests are ecological horrors that are unnecessary and destructive.
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