I disagree. As I see it, Ellis's administration is merely projecting a false chain of command to the public.
Nope. SHIELD was legally dissolved; restoring it as a legal entity would require the passage of an Act of Congress. Absent that, subordinating a legitimate agency of the United States government to an underground cabal (which is what Coulson!SHIELD is) constitutes a violation of law.
As has been pointed out, the Avengers themselves are a rogue group. It seems that Captain America is asking the nations of the world to trust him to make unilateral decisions. But if he can't trust the governments of the world, why should the governments of the world trust him? It can't just be a matter of "There but for the grace of Captain America go I." World security is too important to be left in the hands of one man. Just because WE know that Captain America is a good guy doesn't mean that any one else can assume that.
This, this, this.
I always thought it was weird that the U.S. government would invest in Dr. Erskine's formula without requiring him to keep detailed notes so that they could recreate it in case of, say, his untimely demise. Or that they didn't have other scientists vetting his work, which would mean that they would need detailed information about what he was doing.
I assume that Dr. Erskine was already universally recognized as a brilliance without peer in real history, and that he made a refusal to provide written records of the process for creating the Super-Soldier Serum a condition of his willingness to re-create it for the Allies after he had been coerced into creating it for and administering it to Schmidt.
Meanwhile, SHIELD should have known pretty early on that Dr. Zola was not on the up & up. He was able to utilize the power of the Tesseract to make weapons for Hydra back in the 1940s. And yet he wasn't able to do the same thing for SHIELD when they possessed the Tesseract in the 20+ years that he was working for them? Didn't this raise any red flags? (Or maybe SHIELD didn't have the Tesseract during that time period. Perhaps Howard Stark kept it himself and was using it for his own secret experiments developing the Arc Reactor. It wasn't until he died in 1991 that he left it to SHIELD in his will.)
That would be one way to reconcile this apparent inconsistency!
Or, maybe the early founders of SHIELD had the same reaction to Tesseract weapons technology that Cap did in
The Avengers -- they saw it as something too dangerous, too destructive, that made small numbers of people too powerful, and should therefore be forbidden.
However, this seems to be where you and I come to loggerheads. I agree that this stated Agenda of the Sokovia Accords is both righteous and appropriate. But I don't believe for a second that the Sokovia Accords ACHIEVE this goal in a way that also respects the rights of the individuals to which it is meant to apply. The evidence of the film speaks to this, with the treatment of Wanda, and I think you could make a compelling argument that the eagerness of the world's law enforcement to see the Winter Soldier dead on meager evidence also speaks to the problems. Thus, while the Accords may be law, they're bad law.
This is completely fair and accurate. The stated intent of the Accords, to bring the Avengers under democratic control, is completely reasonable. But the first thing the U.N. Task Force did was put a hit out on Bucky without charge or trial. Captain America has already demonstrated his hostility to pre-emptive assassinations in
The Winter Soldier even before it turned out Hydra was hijacking that program for world domination. So, yeah, I can get where Cap would rebel.
I also think that we need to bear in mind the retcon that
Agents of SHIELD introduces -- that the Accords do not just place the Avengers under U.N. control, but also require superpowered individuals to register with their national governments. That requirement is a great deal more ominous and a clear violation of people's civil rights and liberties. Cap would have had a much stronger -- and, dare I say it, more
patriotic -- argument against the Accords if that had been a part of the movie.
Sci said:
Governments already have the ability to flatten buildings at will. It's called having a military.
Nobody's saying that there should not be limits on the use of the Avengers' powers. In fact, putting them under United Nations authority instead of the authority of any one government is a good way to prevent their powers from being abused.
No, it really isn't.
Sure it is. Because every single U.N. Member State is going to be eyeing every other U.N. Member State for signs that they're trying to use the Avengers in a way that favors them and/or harms others. In particular, the historical hostility between the U.S./U.K./French bloc and the Russia/China bloc on the Security Council will guarantee that neither side is able to use the U.N. to deploy the Avengers in a way that will likely be abusive; their enemies will keep them in check.
Remember, the U.N. is not some monolithic government entity. It is a collection of governments, many of whom are hostile to one-another.
It seems likely to me that SHIELD actively turned away from researching the Tesseract intentionally. Likely because two of it's most important founders, Howard Stark and Peggy Carter know exactly how dangerous the thing can be, and wouldn't want ANYBODY to use it's power.
Yeah, I can see that.
I also suspect Zola's involvement in SHIELD at all was in defiance of Peggy's wishes, or was kept from her altogether. Those less personally invested than she wouldn't care that he was HYDRA, any more than the actual people behind the very real Operation Paperclip cared that the scientists they were recruiting were former Nazis. All he had to be was useful.
It seems likely that research into the Tesseract technology didn't restart until after their influence had waned (they left the organization or died, perhaps). And when SHIELD-really HYDRA did begin again, they immediately picked up where Zola left off.
Well, we should bear in mind that apparently research into the Tesseract -- and into using the Tesseract to create weapons -- did not re-start until 2011, after first contact with the Asgardians. And it appears to have started on Director Fury's orders.
Sci said:
TREK_GOD_1 said:
The agenda being not allowing the Avengers to do as they damned well please whileanswering to nobody, trample on sovereignty, ignore due process rights,
Sounds like many U.N. member nations, which are in no position to point fingers,
You seem to have a fundamental misunderstanding of the conception of national sovereignty.
To wit: Sovereign states do not answer to anybody. That's what makes them sovereign. It's why, for instance, the United States does not get to tell the people of Mexico who they may elect as president.
You are completely missing the issue: the CA: CW governments--through the Accords seek to control the actions of individuals, when they (the signatory governments) do not practice what they preach.
No, I understood your point just fine. I am asserting that their hypocrisy does not matter because they are still right when it comes to the Avengers. To wit: The Avengers engage in state-level interventions without being themselves sovereign states. They must therefore be made to answer to the governments of the world, because otherwise they act as though they are sovereign without actually possessing legal sovereignty.
No free individual would ever support, much less respect any government attempting to leg-iron others when they certainly do not do the same to themselves, and with no justification for even dreaming up such a hypocritical order.
Don't be absurd. People support hypocritical governments all the time. There's been no popular revolt against the United States government in spite of its clear human rights violations in Guantanamo or at Abu Graib -- or, hell, in spite of its constituent states' clear human rights violations vis a vis the epidemic of police brutality against and the unjust mass incarceration of black people. And this even when the United States State Department puts out an annual report tisk-tisking other nations for their human rights violations.
And, really, demanding that the Avengers be made to answer to the governments of the world after they kill innocent people is no different from, say, demanding that the NYPD answer to the people of New York after they choke a man to death for selling untaxed cigarettes. (I could not help but notice that the innocent people whose deaths Cap do not think warrant accountability for himself were black.)
If by "private militia" you mean the Avengers,
Of course I mean the Avengers. They're a private militia by any reasonable definition of the term.
then one must admit and accept that they saved humanity....only for those who--in CA: CW--to turn around and attempt to handcuff the one and only reason they are alive...to betray their saviors.
So what? The fact that they committed a virtuous act means they should get to be above the law?
Captain America noted in
The Avengers that when he was in Germany and saw a man putting himself above everyone else, he came to a disagreement. Yet here he is in CA:CW, and here you are, essentially saying that Cap himself should be put above everyone else. No need for the rule of law or democratic accountability, because you know that trustworthy and virtuous is your leader... Or, should I say, your führer?
The rule of law has to apply to everybody. You can't make an exception just because you think one man is extra-virtuous.
Every time the Avengers enter a country without obtaining permission from that country's government, they are invading that country.
What do the
people want?
The only way to know the will of the people is for them to hold an election and delegate legislative, executive, and judicial authority to a democratically-elected government.
117 nations did this. And hey, what do you know? Those democratically-elected governments whose job it is to reflect the will of their peoples? They want the Avengers to answer to them and their neighbors through the U.N.
Hell, we
saw what the people want. At the beginning of
Avengers: Age of Ultron, the people of Novi Grad weren't happy the Avengers had come to Sokovia to defeat a Hydra base in their country. They were upset the Avengers had violated their sovereign territory and were doing whatever they wanted.
And that was
before one of the Avengers' weapons malfunctioned and destroyed their city!
Who the hell is Steve Rogers to decide what they need?
When they need help that their own government cannot handle, should help wait from wisdom from "on high" or receive help?
It is Steve who thinks that his wisdom from on high should overrule those of democratically-elected governments. No one elected him. No one gave him a democratic mandate to enter the Federal Republic of Nigeria and attempt to apprehend Rumlow instead of alerting the
Nigerian State Security Service.
Steve Rogers is the one who thinks he should be operating from on high.
Again, there's no getting around a world where an increasing number of super-powered threats exist, no boots and bullets army is going to stop anything, and handcuffing the only true defense will lead to disaster beyond belief.
"We know better than you, we are more powerful and might makes right, so don't make us answerable to you."
the one being who serves a greater purpose beyond the limits of traditional government
Jesus Christ that is some fascistic rhetoric right there.
At the film's end, he's beginning to form the Justice League for the same reasons the MCU needs the Avengers and other super beings: dealing with threats beyond the abilities of ordinary humans.
No one's saying the Avengers shouldn't exist or should not stop legitimate threats that are beyond the ability of national governments to thwart. But that doesn't mean they should be above the law.
Again:
Executive authority belongs by right to the people. The people create governments and delegate executive authority to those governments. Nobody has a right to exercise executive authority without being part of a government and thereby being answerable for their exercise of executive authority to the people.
ETA:
Ezra Klein at
Vox argues here that Captain America's stance is actually un-American.
Money quotes:
Ezra Klein said:
What's striking about this position is how fundamentally un-American it is, on two levels.
The first is that America is a country that rejects placing unlimited faith in extraordinary individuals as opposed to (often cumbersome!) institutions and processes. We broke away from a monarchy, and we revere George Washington for stepping back from the presidency. We've created a political system so pockmarked with checks, balances, and veto points that even our most powerful, skilled, popular leaders can only expect to accomplish a fraction of their agenda. We built, by world standards, an unusually weak presidency, and then we further amended the Constitution to limit presidents to two terms.
Then, as we grew into the greatest superpower the world has ever known, we decided that the best way to legitimize our might would be to voluntarily constrain ourselves within a web of multilateral institutions. Yes, there are examples of unilateralism in our history, but even George W. Bush's "coalition of the willing" was a coalition, and involved extensive UN consultation, in an effort to legitimize our actions. Far from seeing the limits and compromises of institutions like NATO and the UN as corrupting, strengthening those institutions has been the core of America's post–World War II foreign policy....
<SNIP>
What Iron Man is advocating is a system based on America's traditions: our skepticism of imbuing individuals with unrestrained authority, our belief that great strength needs to be legitimized through process and restraint, and our faith that a cumbersome political process is preferable to the mistakes made when passion meets power.