Scott Lemieux

Scott Lemieux is an assistant professor of political science at the College of Saint Rose. He contributes to the blogs Lawyers, Guns, and Money and Vox Pop.

Recent Articles

Will Congress Continue to Refuse Its War Powers Responsibilities?

AP Photo
Matt Duss has an excellent piece for the Prospect explaining why military action against Syria is probably a terrible idea on policy grounds. In addition to the question of whether the policy is wise, however, it's worth considering whether a unilateral decision to attack Syria by the president would be legal. At the outset, I should make clear that I'm talking purely about legality under domestic law; I'll leave the question of whether military action against Syria is justified under international law to others . I also don't subscribe to the the most formalist conception of the president's military power, which holds that any non-emergency action by the president requires a congressional declaration of war. Military action accompanied by a congressional authorization for military action (as with the second Iraq War) should be considered clearly constitutional, and I'm inclined to think that presidential initiations of military force in the face of congressional silence are...

Stop Defending the NCAA

Flickr/Daily Collegian
The possibility that last year's Heisman Trophy winner Johnny Manziel might be suspended for selling his autograph to willing buyers has left more people aware of the grossly exploitative nature of the NCAA Cartel. There's good reason for that. Preventing players from even making deals with third parties to be paid is a particularly indefensible manifestation of the NCAA's rules. And citing "amateurism" in defense of this exploitation is no answer at all. There's certainly no prohibition on reaping commercial rewards from Johnny Manziel's sweat. Television networks, various administrators, and coaches (Manziel's pulls in a cool $2.5 million a year, and he is free to sign as many endorsement deals as he pleases) are able to shovel the money generated by Manziel's plays into their pockets with both hands. The only people who aren't permitted to make as much money as they can are the players literally risking life and limb to generate the revenues. How can this be defended? This brings...

Who Cares What the Framers Thought about the Filibuster?

AP Photo/Pablo Martinez Monsivais
Even the most indefensible elements of the status quo always have their passionate defenders. The filibuster as currently practiced in the U.S. Senate has become particularly indefensible, and one of its staunchest defenders is Richard A. Arenberg, author of Defending the Filibuster . Arenberg has an op-ed in Politico summarizing his defense, which fails to convince. I do agree with Arenberg on one point— the filibuster is constitutional . The Constitution does give the Senate the authority to set its own rules, and the filibuster violates no provision of the Constitution. Since I'm not a Republican nominee on the current Supreme Court, that settles the question for me however little I like the outcome. The Constitution gives the Senate the authority to permit the filibuster if a majority chooses to do so. Whether the Senate has exercised its authority wisely is another matter, however, and in this case it simply hasn't. The core of Arenberg's argument is the protection that the...

The NSA Can't Be Trusted

flickr/Sparky
flickr/Alex Ellison O n August 9, President Obama gave a news conference at which he defended his administration's record on surveillance while proposing some modest reforms. Predictably, it got mixed reviews from observers concerned about civil liberties. Less than a week later, The Washington Post published an important story about the National Security Agency (NSA) that makes it clear more reforms are necessary—and undermine Obama's defense of his record. The key finding of the story, by Scott Wilson and Zachary Goldfarb: An internal audit found 2,776 "incidents" in which NSA surveillance breached rules between April 2011 and March 2012. Even worse, the rates of illegal "incidents" have been increasing. As the Post 's Timothy Lee says , "We now know that President Obama’s assurances that the NSA wasn’t ‘actually abusing’ its surveillance programs are untrue." The only question is whether Obama deliberately misled the public, or whether he was unaware of these violations. Neither...

Bloomberg's Stop-And-Frisk Program Is Unconstitutional

AP Photo/Haraz N. Ghanbari
AP Photo/Seth Wenig I n a major victory for civil rights and civil liberties, a United States District Court Judge has held that the New York City Police Department's (NYPD) stop-and-frisk policies are unconstitutional. Judge Shira Scheindlin's opinion justifying the ruling is a tour de force. Carefully assessing both systematic evidence and the cases of individual litigants, Judge Scheindlin leaves no serious doubt that the NYPD's policies are inconsistent with the fundamental rights guaranteed by the Constitution. Under current Fourth Amendment law, not all warrantless searches of people in public violate the Constitution. In the landmark 1968 case Terry v. Ohio , Chief Justice Earl Warren affirmed that "stop-and-frisk" searches are indeed "searches" covered by the Fourth Amendment. As he noted in one passage in his ruling—part of which was used as an epigram by Judge Scheindlin—"it is simply fantastic to urge that such a procedure performed in public by a policeman while the...

Pages