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Smith v. Maryland is about as outdated as any Supreme Court [sic] can be.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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bmaz @dcbigjohn Awesome pics. Looks like a good time.
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bmaz @xbradtc Baltimore officials have already admitted that the knife he was carrying was legal. No legitimate grounds for arrest. Nor killing.
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bmaz @xbradtc Under Wardlow, a minimal Terry stop probably. The type of conduct that obviously occurred here, not even close.
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bmaz Great news; about time RT @evanchill Canada says will finally issue @MFFahmy11 a passport after an embarrassing delay http://t.co/Sq1Shwd9S8
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bmaz @Popehat @CathyYoung63 "attorney and astute commentator Ken White" Man, you get all the good descriptions.
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bmaz @daneyvilla It seems pretty much that's about it
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bmaz Restrained him on the ground.....for what?? Gray ends up with a severed spine for making eye contact with a cop?
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bmaz How can this be proper basis? http://t.co/tmhnSmgPwt
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bmaz Why did the Baltimore police start chasing Freddie Gray to begin with? What was probable cause for physical arrest?
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bmaz @DanCBarr I had season tix and was at nearly every game that season+playoffs. Incredible energy. You are right, Warriors now do seem like it
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bmaz @DerekGossler @william_pitts Ive been going to+then giving money to my alma mater for 40 years, don't pull that be a solution shit with me
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