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Smith v. Maryland is about as outdated as any Supreme Court [sic] can be.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 @OKnox Don't think Costas has Hamill's butt.
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emptywheel @jujueyeball Plenty. Keep sending it, it's purty! I may call a snow day for spouse tomorrow esp if Pats win the SB.
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emptywheel @jujueyeball Were you even there for the blizzard people got stuck on Lakeshore?
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emptywheel @jujueyeball Just don't get lost on Lakeshore Drive, 'kay? Hope it's a good one.
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emptywheel RT @jeffphowe: The balls are officially being checked right now. #TurnAndCough
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JimWhiteGNV @MasaccioEW But this is the one time the ads are worth watching. But I was just informed I have to stay a few mins to saddle one more horse.
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bmaz @VBalasubramani No clue, it is still on the shelf at the store. I just couldn't.
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emptywheel @barryparr Not just how does anyone get lost, but how does anyone FIND a one-way street that's not a freeway on-ramp?
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emptywheel @phillipanderson Thought you were watching Puppy Bowl. You two-timing the canine club?
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JimWhiteGNV Time for me to win the Bad Dad of the Year Award: ditching the horse show to make it home in time for the Super Bowl.
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JimWhiteGNV @armandodkos Older daughter went there. Championship her freshman year. They claim they didn't conspire on today's choices.
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emptywheel @phillipanderson Oh, I couldn't do that. My teenaged addiction to it might come back.
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