Law

Filibuster Reform Lies in the Voters

(Flickr / Cle0patra)

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.

A Gun to the Debt-Ceiling Fight

(Flickr/zieak)

If Barack Obama turns out to be a one-term president, historians may mark the summer of 2011 as the moment his failure became inevitable. At that point, the new right-wing Republican House majority declared the national debt hostage and demanded Obama’s surrender to them on all points of domestic policy. When the debt-ceiling statute required authorization of a new federal borrowing limit, they refused to vote on the measure without massive cuts in federal spending and no increase in federal revenue. The crisis was averted by the appointment of an idiotic congressional “supercommittee” that was supposed to identify future cuts, matched with a set of “automatic” cuts that were to take effect if the “supercommittee” failed to come up with a compromise aimed at reducing federal debt.

1st Circuit Rules DOMA Unconstitutional

Nancy Gill & Marcelle Letourneau, by GLAD

One of the most striking examples of the progress made by supporters of gay and lesbian rights can be seen with respect to the odious Defense of Marriage Act. The bill, which denied federal marriage benefits to same-sex couples and allowed states not to recognize same-sex marriages valid in other states, had been signed by the second-most recent Democratic president after passing both the House and Senate by veto-proof margins. A little more than a decade later, President Obama—even before his recent announcement declaring support for marriage equality—had refused to defend the constitutionality of DOMA in court.

I'm Married in Massachusetts—But Am I Married in the United States?

Oh, gosh, it's so confusing. I'm married when I visit my stepson's school. I'm not married when I file federal taxes. I'm married when I fill out forms at the doctor's office. I'm not married when I'm visiting my brother in Texas. Or am I?

How to Save the Internet—Again

Online organizing helped stop SOPA and PIPA, but how much staying power does the internet freedom movement have?

(Flickr/witness.org)

On January 18, the Internet went on strike. Tens of thousands of Web sites—including Google, Wikipedia, and Wordpress—went offline or blacked out their interfaces to protest the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA). Many feared the breadth of the proposed anti-piracy laws—which could force entire domains to shut down because of the actions of a small number of users—would be used to censor online content and chill innovation. Protestors sent millions of e-mails and placed calls. Organizers of the strike estimate that nearly one billion people were exposed to their message. PIPA and SOPA were tabled. It was, by all measures, an overwhelming success.

27th Amendment or Bust

How the newest amendment to the Constitution was ratified, and why it's so hard to change the law of the land. 

(Flickr/The COM Library)

One afternoon in March 1982, an undergraduate student at the University of Texas named Gregory Watson was poking through the stacks of the Austin Central Library, researching a term paper he was going to write on the Equal Rights Amendment. He happened upon a book published by the Government Printing Office that included a copy of the Constitution, as well as several amendments that had been passed by Congress but not yet ratified by the requisite three-fourths of the states.

Why Democrats Support the Drug War Status Quo

Medical marijuana for sale in California. (Flickr/Dank Depot)

Later today, I'll have a post up at MSNBC's Lean Forward blog explaining why the "Choom Gang" revelations from David Maraniss' new biography of Barack Obama didn't seem to make anybody mad (with the exception of libertarians who took the opportunity to make the entirely accurate point that Obama's Justice Department is vigorously prosecuting people for doing pretty much the same thing Obama did as a teenager, and if he had been caught he might have gone to jail and certainly wouldn't have grown up to be president). Briefly, it comes down to a couple of things: Obama had already admitted he smoked pot "frequently," so it wasn't much of a revelation; and around half of American adults have too, meaning they weren't going to be outraged. Furthermore, most of the reporters who would write about the story are probably in the pot-smoking half, making them less likely to treat it as something scandalous. But this raises a question, one posed by Jonathan Bernstein: Why do Democratic politicians overwhelmingly support the status quo on drug policy? Do they actually think it's good policy, or is it just politics?

Far-Off State Capitals Are More Corrupt

(Flickr/kmillard92)

A new paper shows that state capitals located in less-populated areas are more likely to breed corruption. The paper, authored by Filipe R. Campante of Harvard University's John F. Kennedy School of Government and Quoc-Anh Doh of Singapore Management University, tested what seems to be a logical idea: when lawmakers are more out of sight, they can get into more trouble. Turns out that in this case, the logical idea is the right one.

The War on Contraception Enters the Courts

WikiMedia Commons

Forty-three Roman Catholic plaintiffs—including the archdiocese of New York and the University of Notre Dame—have filed lawsuits alleging that the Obama administration's contraceptive coverage requirements violate the First Amendment and the Religious Freedom Restoration Act.

Dharun Ravi Goes to Jail

A year and a half ago, Dharun Ravi pulled a stupid, clumsy, and cruel prank. He used his webcam to spy on his male roommate kissing another man, and tweeted about it. Three days later, his roommate, Tyler Clementi, jumped off a bridge to his death—and Dharun Ravi's stupid prank became the focus of national outrage about bullying.

A Plan to Privatize a State's Entire Male Prison System

(Flickr/Tim Pearce, Los Gatos)

It's been tough times for the prison privatization industry. The two biggest companies both have extra space thanks to a recent drop in the number of people sent to private prisons. The companies just can't seem to expand their share of the market. The poor guys really lost out when the Florida Senate killed a bill that would have privatized 27 prisons and displaced more than 3,500 workers. The lobbying was so aggressive, one senator with health problems actually had to get protection from her colleagues.

Be Very Afraid

WikiMedia Commons

Jamelle's hot-off-the-presses cover story on how Romney will govern as a hardcore right-winger irrespective of what he "really" thinks is a must-read. And what's even worse is that this lesson applies beyond budget policy. To address one particularly important point, consider the Supreme Court.

A State-Federal Standoff over the Death Penalty

(AP Photo/Charles Dharapak, File)

A principled governor invoking “state’s rights” to defy federal policy. Aggressive local officials overriding state decisions. A federal court angrily affirming its own power. An anguished dissent attacking a power-hungry Congress. 

The Unecessary Radicalism of Citizens United

WikiMedia COmmons

One of the many striking things about the Supreme Court's infamous Citizens United decision is how poorly the facts of the case fit the extremely sweeping holding. The potential First Amendment issues involved with campaign finance regulation exist on a spectrum. Political editorials, even when published in corporate-owned media and attempting to influence the campaign, are obviously "pure speech" that can be restricted only in extraordinary circumstances. Direct donations to candidates, on the other hand, are further removed from pure speech and also raise serious problems of democratic equality, so the leeway that can be given to government to restrict them might be greater.

Keyboard Jihadist?

(John Ritter)

It’s unusual for a domestic terrorism suspect to have a fan club. But every morning of Tarek Mehanna’s eight-week trial late last year on federal terrorism charges, supporters packed the domed, ornate courtroom in downtown Boston, smiling and waving whenever Mehanna turned to face them. 

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