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Smith v. Maryland is about as outdated as any Supreme Court [sic] can be.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.

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+0Email to someone

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

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
Emptywheel Twitterverse
bmaz @IanPGunn Yo, it looked better for the home team earlier.....
emptywheel RT @Aelkus: No idea if this is accurate, but an analysis of the political machinations surrounding the suppressed video https://t.co/Ot4igx
bmaz @IanPGunn Say, the Pelicans are here and, curiously, beating the Suns currently.
emptywheel @HubrisSonic Best games are at night here anyway, so you can watch tomorrow morning...
emptywheel @HubrisSonic This is like on New Years, where Japan gets to put their turkey in the oven first?
emptywheel @lhfang Only this time it'd be a Wahhabi dictatorship rather than a secular one. Progress!
emptywheel RT @lhfang: Big Idea from Amb. Bolton -- key proponent of toppling Saddam Hussein -- is to bring back a Saddam-style Sunni gov https://t.co
emptywheel Campbell said NDS target Americans thought they were hitting "included" among targets they got fr Afghans. Was MSF? https://t.co/MLHmNfXpLp
emptywheel The "misfunction" of the plane's comms equipment is convenient given discrepancies in DOD and MSF timing. https://t.co/MLHmNfXpLp
emptywheel @ColMorrisDavis They'll also be terrified that the guys who want to replace Obama won't debate in warmer than 65 degree temperatures.
emptywheel In October, Gen Campbell said there'd be 3 investigations. Afghan one appears to have disappeared. https://t.co/MLHmNfXpLp
bmaz @MikeFreddoso @Popehat @deviantollam But, what figure is called out in the notice of claim does not matter.