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

Arizona versus the Right to Vote

Flickr/Wally Gobetz
As part of a broader anti-immigration initiative in 2004, Arizona passed Proposition 200, a law requiring voters to provide proof of citizenship before registering to vote. One person affected by this law was Jesus Gonzalez, a custodian and naturalized American citizen who twice had his registration rejected by the state. Arizona couldn't verify his naturalization number and erroneously identified his driver's license as belonging to a non-citizen. Gonzalez's case has reached the Supreme Court, which heard oral arguments about the constitutionality of Proposition 200 on Monday. The Court should rule that Arizona's burdensome requirements are inconsistent with federal law and therefore illegal. The Supreme Court has dealt with Republican legislators' attempts to suppress voting before. In a highly dubious 2008 decision , the Supreme Court found that an Indiana statute—requiring a show of ID before hitting the ballot box—was not unconstitutional on its face, although it left open the...

The Filibuster that Matters

AP Photo/Jim McKnight
The Prospect 's Jamelle Bouie makes an important point about Rand Paul's rare Mr. Smith Goes to Washington -style filibuster on Wednesday. Before Paul started speaking to hold up the nomination of John Brennan to head the CIA, the Senate silently continued to filibuster Caitlin Halligan's nomination to the D.C. Circuit Court of Appeals. Paul's filibuster will get more attention, but the filibuster of Halligan is more telling. The most important difference? The Halligan filibuster will have practical consequences. Brennan was confirmed by a 63-43 vote the day after Paul started his filibuster. The filibuster of Halligan, conversely, continues with no end in sight. Preventing Obama from getting any nominees confirmed to nation's second most important appellate court is a very important win for the Republican Party as well as a defeat for the country. Apparently, the dysfunction of the Senate has to continue so that the Republican-dominated D.C. Circuit can continue to make the...

Fear and the New Deal

FDR ascended to the White House 80 years ago. How has his legacy—and the legacy of his landmark legislation—shifted in the years since?

Flickr/squidpickles
In 1942, Congress passed legislation attempting to facilitate voting by soldiers stationed overseas. Passed too close to the date of the general election (and after the primary election season) and creating a cumbersome process, the bill was ineffective. As the number of American soliders overseas continued to increase, the lack of practical access to the ballot was intolerable to President Franklin Delano Roosevelt. He sent a bill to Congress in 1944 that would have created a simple federal ballot made it much easier for soldiers to make their voices heard. Despite having the authority of a wartime president, however, the bill failed. Congress instead passed a much weaker version, more similar to the 1942 statute, that did not send out a uniform federal ballot and left administration in the hands of the states. Fewer than 33 percent of eligible soldiers were able to vote in the 1944 elections. How, during the height of wartime, could such a basic democratic right be denied many...

Scalia's Weird VRA Spat

It is hard to overstate the importance of the Voting Rights Act of 1965. At the heart of the law that ended decades of disenfranchisement in former Confederate states is Section 5, the "preclearance" provision. Section 5 requires jurisdictions with a history of discrimination to get prior federal approval for any changes to state voting laws. The necessity of this provision was clear: without it, states had been able to nullify the commands of the 15th Amendment by passing measures that were formally race-neutral but were discriminatory in practice. Regrettably, the Supreme Court appears poised to eliminate one of the proudest achievements of American democracy. As Esquire 's Charles Pierce puts it , striking down Section 5 would constitute "the final victory of the long march against the achievements of the Civil Rights Movement that began almost before the ink dried on the bill in 1965." The most remarkable example of the contemporary Republican hostility to civil rights came ,...

Secret Wiretapping Cannot Be Challenged Because It's Secret

By delegating broad authority to the executive branch to engage in warrantless wiretapping of Americans, t he Foreign Intelligence Surveillance Act (FISA) raises serious potential constitutional issues. The Fourth Amendment, which forbids "unreasonable" searches and seizures and under which warrantless searches are presumptively unconstitutional, is difficult to square with the kind of powers claimed by Congress and the Executive Branch. Today, however, the Supreme Court decided to duck this crucial constitutional issue based on almost comically illogical reasoning. The Court's 5-4 opinion in Clapper v. Amnesty International was, appropriately enough, written by Samuel Alito, who is more consistently hostile to civil liberties than any justice in at least half a century. The Court ruled that the journalists, organzations, and human rights lawyers bringing the suit lacked the "standing" to bring a lawsuit challenging FISA on 4th Amendment grounds. The American constitutional system...

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