Radical Idea: the Legislature Ends Smith v. Maryland

The Senate Judiciary Committee hearing with the NSA Review Group just finished. There was no earth-shattering news. Perhaps the best one-liner from the hearing came when former CIA Deputy Director Mike Morell said that metadata is content (and I’m grateful he said it early in the hearing so it will make the evening news). Bizarrely, he claimed he just learned that while working on this report which is rather … unconvincing.

At the very end of the hearing, however, Senator Richard Blumenthal said something equally as important, which went something like,

Smith v. Maryland is about as outdated as any Supreme Court [sic] can be. Congress has an equal responsibility to protect the Constitution as the Supreme Court. There is no need to wait for the Supreme Court.

It’s a great idea, for the legislature to end Smith v. Maryland’s encroachment on the Constitution, and he’s right, Congress does have the authority to act.

But as far as I know, Blumenthal has yet to introduce a bill doing that.

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12 Responses to Radical Idea: the Legislature Ends Smith v. Maryland

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emptywheel @B_Meson Let me check my sched. Also I eat other things besides goat! Even lovely veggies! @jujueyeball
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emptywheel @Hydra_Cook Nice thing abt being a rich man--presumed Asian gangster or honest businessman--is you can pay for good legal representation.
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emptywheel @mattfwood Sure, all I'm saying is Commerce gets involved in carrot-and-sticking companies to cooperate @biasedreporter @freepress
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emptywheel Anyone besides me think the Phua case (Caesar's illegal entry) has some spectacular parallel construction behind it? http://t.co/pOa5ytZElH
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emptywheel @daveweigel Sure. But they have that nice river park. Plus when you live in place w/seasons it becomes where you live.
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emptywheel @freepress It'll prolly make it easer for the govt to spy on you. @mattfwood
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emptywheel @daveweigel You have a really crummy approach to seasons! "Junk weather?!?!"
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emptywheel @onekade You guys!! Get a room! Or a condo. @flexlibris
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bmaz RT @ggreenwald: Apple co-founder Steve Wozniak: Edward Snowden is 'a hero to me' https://t.co/Krx03s1vjF (via @dangillmor)
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bmaz RT @Courtartist: Trying my hand at cartooning: #SCOTUS takes "One-Person, One-Vote" case, Evenwel v. Abbott. http://t.co/esxeY7bFzo
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bmaz @manish_vij @benwizner And, yet, by same idiot theory saying all Clinton correlations are CORRUPTION!, Sanders guilty http://t.co/jKBNhIwLDm
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bmaz @EdMasley @GrantWoods @azcentral And, yet, there is not a Marshall amp or Stratocaster in sight. Did you ask about that??
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