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Smith v. Maryland is about as outdated as any Supreme Court [sic] can be.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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emptywheel Dudley returns to his "finding firms guilty" is the same as "jail."
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emptywheel Is anyone saving this hearing for posterity bc I just had the thought Sherrod did: Geithner would have said the same thing Dudley is.
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emptywheel RT @HanniFakhoury: Of the 500+ court orders Charlotte police obtained to use a Stingray since 2010, none actually mention Stingray: http://…
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emptywheel Don't think you're the only one. Big market opportunity RT @xeni: I fucking miss flip-phones
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emptywheel Really hoping someone turns this Warren/Dudley exchange into a fire marshall/cop on the beat animation.
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emptywheel Warren: Illegal behavior if you stumble. Dudley: I'd say see. Warren: But you're not looking.
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emptywheel LOLOL Warren: You don;t think you should do investigation, you just wait until it jumps in front of you?
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emptywheel Dudley: Not cop on a beat, more of a fire warden.
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emptywheel Did someone take "sufficient liquidity" as their drinking phrase for this Banking hearing? (Checking to see if it's still available...)
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emptywheel @Krhawkins5 That's why I said "battle."
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emptywheel In which @Krhawkins5 does a CIA email (battle) victory lap. http://t.co/nnDiDB6tkN
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emptywheel @alexisgoldstein Now you're just trolling. (Keep up the good work)
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