Crack cocaine, it is widely known, causes irrational behavior. I speak not of irrational behavior among the drug's users, but rather among politicians. It has done so ever since crack appeared on the scene in America during the 1980s. Today it was announced that Congress has approved a bill (which will now head for President Obama's desk) which will scale back the worst of the irrational legislation which passed in the Reagan era. Somewhat. In true incrementalist fashion, Democrats have now made things slightly less unfair, but fell far short of actual fairness. It's as if, right after the Civil War, Congress announced that black people would now count as four-fifths of a person, instead of the previous three-fifths -- in other words, a step towards equality, but not exactly the giant leap of the Thirteenth and Fourteenth Amendments. Which makes it rather hard to praise such an effort, even though it does represent (some) progress.

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I have to apologize right away for that headline. But it is hard to resist the urge to use the "what have you been smoking?" joke when discussing California Attorney General Jerry Brown's recent comments on marijuana, since Brown is talking such patent nonsense.

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Our headline today quite obviously references the legislative progress this week on banning the military's "Don't Ask, Don't Tell" policy (of not allowing gay people to openly serve their country)... but we've got another asking-and-telling issue which we simply must deal with first, before we get to any of that.

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Rand Paul, who just clinched the Republican Party nomination for the Senate race in Kentucky, is apparently not quite ready for primetime. His recent remarks on the Civil Rights Act painfully show why being a politician is not as easy as some people think. The problem for Paul, son of Ron Paul, is that even if he somehow survives this flap, it is almost guaranteed that there are going to be plenty more of them during the campaign. Because both Pauls, father and son, are (at heart) libertarians. Which requires some explanation, because many folks have never come into contact with the concept of libertarianism.

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Boy, Louisiana just can't seem to catch a break, can it? If it isn't Mother Nature walloping it with hurricanes, its a man-made disaster of enormous proportions about to bury its bayous and waterways under a blanket of foul-smelling muck.

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I've written here before in defense of Sarah Palin, and since the two just recently shared a campaign rally stage, I thought it'd be timely to write at least a partial defense of Michele Bachmann today. Because a recent comment by the Minnesota Representative has gotten a lot of ridicule from the left side of the blogosphere, but nobody bothers to point out that she's actually right in what she says about the U.S. Census Bureau and Japanese internment during World War II. This is intellectually dishonest, I feel, which is why I have to make the attempt to defend her words.

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Is your email private? You may think it is, but you may also be surprised how easy it is for law enforcement to access it without a warrant. For instance, any email you write today requires a warrant before the police can take a look at it. But 180 days from now, that same email that you just sent can be accessed without a warrant.

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Phelps is in the news today because a Maryland family brought a lawsuit against Phelps, seeking damages for Phelps' actions at their son's funeral, and the U.S. Supreme Court has announced it will hear the case's appeal. By doing so, they open up the door to refining what is and what is not acceptable speech allowed under the First Amendment to the Constitution. While the Supreme Court may instead rule much more narrowly (on the case itself, without addressing the free speech issue), the question is worth discussing: should what Phelps does be legal?

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The first privacy issue comes from an interesting story earlier this week about how some states are considering banning the release of recorded 911 emergency calls to the public (or -- more to the point -- to the press). This is an interesting First Amendment hair to split, because a reasonable case can be made both ways.

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Welcome back to my annual outright theft of The McLaughlin Group's awards categories for the past year in politics. What's that? We're sorry, but out lawyers insist we instead use the phrase "my annual legally-allowable constitutionally-protected parody" instead. So sorry. For those of you who missed it, Part 1 of this column ran last week, on Christmas.

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