Garrett Epps is Professor of Law at the University of Baltimore. He covers the Supreme Court for theatlantic.com. His book, American Epic: Reading the US Constitution was published in August 2013 by Oxford University Press.
If contempt of Congress (current polls show a whopping 17% approval) is a crime, we are a nation of criminals. That thought leapt to mind at the news that the House Oversight and Government Reform Committee, chaired by Representative Darrell Issa (R-CA.) has voted to ask the full House to hold Attorney General Eric Holder in contempt because of his refusal to turn over internal records relating to the administration’s response to the “Fast and Furious” gun-walking scandal in Arizona. In response to the prospect of that vote, Deputy Attorney General James M. Cole announced that President Obama had asserted executive privilege over the documents requested.
In March 1977, two Tulsa horsewomen went to a church parking lot to meet an man who claimed to have Morgan horses to sell. Not long afterwards, their bodies were found near Sallisaw, Oklahoma, buried on land leased to Larry Leon Chaney. Chaney was convicted of murder and sentenced to death.
One of the most important functions of a dissenting opinion is to throw red meat to op-ed writers. Justice Antonin Scalia is a master of the form. Witness his dissent in Lawrence v. Texas, warning that, if same-sex sodomy laws are voided, government may soon force the unwilling to accept gays and lesbians “as boarders in their home.” Justice John Paul Stevens also perfected the zinger; he capped his dissent in Citizens United by saying, “While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth of corporate money in politics.”
In 1906, journalist David Graham Phillips scored a best-seller with his book The Treason of the Senate. “The Senate is the eager, resourceful, indefatigable agent of interests as hostile to the American people as any invading army could be,” Phillips wrote.
There’s a good case that the “millionaire’s club” of 1906 was Audie Murphy compared to today’s Senate.