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Smith v. Maryland is about as outdated as any Supreme Court [sic] can be.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 @adambonin Welp, for starters, about every ethical rule in criminal law was hideously broken in one show. Its too much; uncomfortably absurd
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bmaz RT @macfathom: I still find it wonderful that the NYPD's first response to anticapitalist protest is always to cage the bull: http://t.co/H
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bmaz @randiego2 @iamchrisscott @politico Say, for instance, it had been Michelle Bachmann shot by a hippy? Yeah, Politico would be 180º different
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bmaz @sockrateaser @iamchrisscott @politico Yes. But, still, this is crass even for Politico.
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bmaz RT @iamchrisscott: Hey @politico you know she was literally shot in the head, right? http://t.co/Z9JhB0XGHJ
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bmaz @BradMossEsq @robertcaruso Ima have to go back to football I think. It replays later, maybe I will pick it up again. Rough so far.
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bmaz @TyreJim @BradMossEsq @JeffreyGoldberg Now seen most of 20 minutes of it. It is terrible.
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bmaz @robertcaruso @BradMossEsq Just watched the first ten minutes of it here. It looks horrible.
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JimWhiteGNV RT @deviatar: First known lethal drone strike by Hezbollah http://t.co/U4K9lphEui
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emptywheel @Atrios Just don't put fake of those flavors in coffee, cheesecake, or air freshener, for fucks sake.
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JimWhiteGNV Got my flu vaccine today. When will you get yours?
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bmaz RT @dmataconis: I still say that the NFL should adopt the NCAA overtime rules
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