ChrisWeigant.com » The Constitution

Friday Talking Points [196] -- Poor Mitt?

Chris Weigant — Sat, 04 Feb 2012 00:10:47 +0000

Mitt Romney, frontrunner for the Republican nomination, announced he wasn't too worried about poor people. Maybe it would be fun to see Romney debate Joe Biden, just because nobody would know what to expect from either of them. Heh.

Happy Birthday, Common Sense

Chris Weigant — Thu, 12 Jan 2012 01:09:15 +0000

Two hundred and thirty-six years ago this week, a pamphlet was published in Philadelphia. There is some disagreement among historians over the exact date (variously given as January 9th or 10th), and the pamphlet's title page itself only lists the year, 1776. Whatever the actual date, though, Thomas Paine's Common Sense hit the American consciousness like a bombshell -- one which would reverberate for years to come.

Friday Talking Points [192] -- Obama Picking His Fights

Chris Weigant — Fri, 06 Jan 2012 22:56:04 +0000

I have to say, while the Republicans have been having their three-ring primary circus, President Obama has been looking better and better. Both in comparison to the Republican field (of nightmares, so to speak), and also because Obama's been making progress on his own.

Recess!

Chris Weigant — Fri, 06 Jan 2012 02:54:27 +0000

When we were all kids, "recess" was one of the happiest words in the English language, because it meant escaping the schoolroom for a while, and (on nice days) getting outside and running around and playing with our friends. The bell would ring, and we would all cry "Recess!" and run outside.

Obama Looking Stronger

Chris Weigant — Thu, 22 Dec 2011 23:58:23 +0000

President Obama is looking a lot stronger these days. Today, especially, the president emerges as the big winner in the showdown with John Boehner and the House Republicans. But Obama's been looking better and better all month, so Boehner caving should be seen as just the icing on the cake for Obama.

Happy Bill Of Rights Day

Chris Weigant — Fri, 16 Dec 2011 01:03:28 +0000

Instead, I'd like to gently point out that the same Founding Fathers that achieved this monumental milestone in government (some of them, at least) were the same ones who tried to eviscerate these same basic protections -- within seven years of the Bill of Rights' ratification.

Friday Talking Points [191] -- The White Knight Is Talking Backwards...

Chris Weigant — Sat, 10 Dec 2011 00:01:10 +0000

You know, it strikes me that this week may be one politics-watchers look back on when proving the thesis: "Anything can happen in politics, and usually does." I can picture seeing some wise pundit a few years down the road making the historical reference: "Yeah, but remember when Newt Gingrich and Ron Paul were leading the polls in the Iowa caucuses? Anything can happen... just anything..."

Guest Column: Occupy Wall Street is Not the Tea Party of the Left

Chris Weigant — Wed, 09 Nov 2011 21:35:28 +0000

Every so often, I am so impressed by a comment to one of my columns that I offer to just turn my column over to the author, and let them have my soapbox. This doesn't happen often, usually around once per year. I've written a few columns so far about the Occupy Wall Street protest, [...]

Friday Talking Points [188] -- Why Not Occupy The Media?

Chris Weigant — Fri, 04 Nov 2011 23:50:16 +0000

Like many Americans, I watched the events unfold in Oakland this week with some trepidation. Occupy Oakland tried two new tactics in protesting, and both were very successful at achieving a key goal -- that of getting your message across. Both the general strike and the temporary port shutdown were successful, in this regard. Later in the night, however, a group of jerks came close to ruining all this, by their criminal behavior.

Friday Talking Points [187] -- GOP's 22-Week Work Year

Chris Weigant — Fri, 28 Oct 2011 23:13:09 +0000

We'd like to begin today with an issue that we regularly get incensed about here, mostly because it flies under the radar of just about everyone -- including the entire media universe. Because for once, Democrats are making the attempt to use the issue to make some political hay (even though, in this regard, they're admittedly almost as bad as the Republicans).

A Quick Separation-Of-Powers Historical Footnote

Chris Weigant — Wed, 19 Oct 2011 00:07:55 +0000

The issue of what, exactly, "three co-equal branches" means in American government -- and, more importantly, what happens when two of them disagree -- goes back a long way. Further than Franklin Roosevelt, further even than Abraham Lincoln. The first president to truly tangle with the Supreme Court was actually Andrew Jackson, who fought the court on two separate issues: Jackson's policy of "Indian removal," and the Second Bank of the United States. The first one is where Jackson responded (according to legend -- he may not have actually said this) to a court ruling against him: "John Marshall has made his decision; now let him enforce it!" By doing so, Jackson was stating his open defiance of a Supreme Court decision, and pointing out that the Executive Branch actually controlled the levers of federal power, and not the Judicial Branch.

From The Archives -- Church And State Revisited: The Story Of Smoot

Chris Weigant — Thu, 13 Oct 2011 23:57:06 +0000

Because Mormonism is in the news again, due to a Rick Perry supporter calling it a "cult," I thought it was high time to re-run the following column.

Obama Redefines Populism

Chris Weigant — Mon, 19 Sep 2011 23:57:35 +0000

"Populism" is a word that gets thrown around with abandon by folks masquerading as journalists on television these days. Sarah Palin had the word used to describe her, and later, the entire Tea Party movement was labeled "populist" by the chattering classes. Today, President Obama unveiled a truly populist agenda, by proposing to tax millionaires at the same tax rate that middle-class Americans pay. By doing so, Obama will (hopefully) redefine the term "populism" in the political conversation. Or, to be technical, he will re-redefine the word back to what it originally meant.

Obama's Libya Strategy Proves His Critics Wrong

Chris Weigant — Tue, 23 Aug 2011 00:05:58 +0000

Even with all those caveats, however, Obama deserves a victory lap at this point. At the heart of Obama's war plan for Libya was an enormous gamble that could have failed in any number of ways. It didn't. America successfully cleared the skies of Libya, and then "within days, not weeks" we bowed out of the lead role in the fight. The French, the British, and the rest of N.A.T.O. stepped up to the plate and performed admirably well. The American military continued in a support role -- exactly as Obama told us would happen -- and the outcome, at this point in time, has to be judged a clear success.

No FAA Bill? No-Fly List.

Chris Weigant — Wed, 03 Aug 2011 22:57:01 +0000

This is unacceptable. This is beyond dysfunctional. This is, in fact, an outrage. So I'm giving Congress a grace period of precisely two days, to get their butts back to Washington to fix this problem immediately. If I don't have a bill on my desk by the end of this Friday, I will instruct my Attorney General to immediately put every member of Congress on the "no-fly" list. To be blunt, if they can't find the time to fund the F.A.A. and prefer to take weeks off on vacation instead, then they will not be allowed to use the F.A.A.'s services in the meantime. Period.

Friday Talking Points [175] -- In The Darkest Depths Of Mordor

Chris Weigant — Fri, 29 Jul 2011 23:37:09 +0000

If I were a Hobbit, right about now I would be wondering just how the heck I wound up at the center of this Washington intraparty political fight, personally. What (I would ponder in my metaphorical Hobbit hole) had I done to any of these folks to deserve being dragged into this fracas?

Can Speaker Boehner Survive?

Chris Weigant — Thu, 28 Jul 2011 23:33:11 +0000

As I write this, the House of Representatives has still not voted on Speaker John Boehner's plan to raise the debt ceiling. But no matter how the vote goes, the real question behind this week's action in the Republican caucus in the House may be whether Boehner will still be Speaker when the shouting's over and done. The simmering Tea Party factionalism may be about to explode into public view, in other words.

Congress' Real Deadline: Summer Vacation

Chris Weigant — Wed, 27 Jul 2011 22:07:56 +0000

There are now only a handful of possible outcomes of the debt ceiling standoff in Washington. We'll get to them all in a minute in more detail. One way or another, it's a pretty safe bet that the issue will (at least temporarily) be resolved by the fifth of August, at the absolute latest. Bank on it. The reason for such certainty is a simple one: if the debate goes on in any way past that date, then it will start to cut into Congress' month-long summer vacation. Which is (as any observer of American politics should know full well) the one unthinkable bridge-too-far in Washington. Because Congress' vacations are sacred... at least, to them.

Friday Talking Points [174] -- What Would Ronald Reagan Do?

Chris Weigant — Sat, 23 Jul 2011 00:12:17 +0000

The bigger space news this week, sadly, was not that exciting. The final space shuttle mission just ended. Although I didn't see it specifically, a newspaper headline-writer with a sense of irony would have set the story under: "The Shuttle Has Landed." Because this week also saw an anniversary of import to the discussion -- 42 years ago this Wednesday, Neil Armstrong radioed back to Houston the immortal phrase: "The Eagle has landed," marking the first safe landing on Earth's natural satellite by the human species.

Friday Talking Points [173] -- Obama 2.0?

Chris Weigant — Fri, 15 Jul 2011 23:50:53 +0000

Are we seeing the new model of Barack Obama's presidency? Is this (in the parlance of Silicon Valley) "Obama 2.0"?

Memory Lane: Footnotes From Yesterday's Article

Chris Weigant — Thu, 14 Jul 2011 23:46:48 +0000

Today, I'd like to excerpt some of those articles, as "footnotes" to yesterday's column. While copyright laws prevent me from just pasting whole articles in here, I am allowed fair usage excerpts, which is what you'll find below. The promise of the internet was supposed to be easy access to this sort of thing, but in recent years many media sites have locked off their archives behind paywalls, making it impossible to freely access this historical material.

Friday Talking Points [172] -- Obama's Fourteenth Option

Chris Weigant — Fri, 08 Jul 2011 22:44:55 +0000

The silly season has come early to Washington, it seems. The root cause is a simple fact of American politics these days -- sometimes, there just can't be transparency. That's a fairly provocative statement, so allow me to explain my reasoning in detail. Then, later on (in the talking points section of our program), we'll get into the option of the Fourteenth Amendment to the Constitution, and how Obama should be using it right about now. But for now, it's time for a sober assessment of where Washington currently stands.

Friday Talking Points [171] -- Excerpting Obama's Press Conference

Chris Weigant — Fri, 01 Jul 2011 23:29:20 +0000

Since the year is now exactly half over, I took the opportunity yesterday to tally up how much vacation time Congress has taken this year, so far. The answer is pretty shocking -- the House has taken 46 out of a possible 125 non-holiday weekdays off, and the Senate (not to be outdone) has gone on vacation for 49 days out of those 125. To put this another way, out of 26 weeks Congress could have worked, the House took over nine weeks off on vacation, and the Senate took almost ten weeks to play rather than work. Something for everyone to ponder as we all enjoy our measly three-day vacation this weekend!

No Budget? No Paycheck!

Chris Weigant — Wed, 29 Jun 2011 23:16:36 +0000

California has just concluded its first test of a radical concept: if legislators can't manage to do one of the most basic tasks they are hired to do in a timely manner, then cut their pay. No on-time budget? No paycheck. Period. And while there's not enough data to draw any hard-and-fast conclusions, the idea seemed to work exactly as it was designed: this time around, the politicians were very personally motivated to do their job.

Friday Talking Points [170] -- Newt Loses Two, Huntsman Gains An "H"

Chris Weigant — Fri, 24 Jun 2011 23:13:30 +0000

Well, it's certainly been an eventful couple of weeks, hasn't it?

We're back on our regular weekly schedule here after returning home from our second trip this month (this one to Netroots Nation), after which I can firmly conclude that flying, these days, sucks. Big time. Sigh.

Friday Talking Points [169] -- Weiner Roast

Chris Weigant — Fri, 10 Jun 2011 22:40:52 +0000

Having just gotten back from a trip abroad where the news was dominated by the story of a politician facing severe consequences (and the end of his political career) for his sexual misconduct, I opened up the pages of the American news to find... well, pretty much the same thing.

Friday Talking Points [168] -- Zombie Attack!

Chris Weigant — Fri, 20 May 2011 23:46:17 +0000

A word here about timing is necessary, I think. While the blog post is quite obviously meant as a semi-joke, wouldn't this have been more fun in, say, mid-October -- a few weeks before Hallowe'en? Instead of this week, with the "End of Days" prophesied for midafternoon this Saturday? I'm just saying....

House Republicans' Constitutional Ignorance

Chris Weigant — Wed, 30 Mar 2011 23:13:17 +0000

The Tea Party Republicans in the House of Representatives are supposed to -- according to their own statements -- absolutely revere the United States Constitution. They even opened their current congressional session by reading the whole text of the document aloud (or, at least, the non-embarrassing parts of it). So it's a little surprising that they appear not to understand one of the bedrock ideas enshrined within the Constitution -- how a bill becomes a law. House Republican leaders have announced they'll be voting on a bill this Friday (charmingly entitled the "Government Shutdown Prevention Act"). This bill reportedly contains a piece of legislative fantasy within it -- that the House of Representatives can declare something to be the "law of the land" without any input or action from either the Senate or President Obama.

Friday Talking Points [160] -- "Name That War" Contest

Chris Weigant — Sat, 26 Mar 2011 00:27:43 +0000

Anyone who sits in the Oval Office -- no matter what their name or political party -- is going to have detractors. As they should, since disagreeing with political leaders is almost the national sport in America, and always has been (sorry, baseball, but political bickering has been around a lot longer). Sometimes criticism of the president is for very principled and deeply-held beliefs. Sometimes, it is just knee-jerk-ism of the first order.

Obama Challenges Republicans By Supporting Wyden-Brown

Chris Weigant — Thu, 10 Mar 2011 00:30:26 +0000

Last week, President Barack Obama tried to make some news on the healthcare issue. Unfortunately for him, the story was all but swallowed by bigger news (Libya, the budget fight, Charlie Sheen...). But this is a story which deserves some attention, because it might prove to be the answer to the endless bickering on Capitol Hill on what to do about the newly-passed healthcare law. Obama, by backing a bill put forth by Democratic Senator Ron Wyden and Republican Senator Scott Brown, has essentially tossed a gauntlet down in front of the Republican Party. The heart of Obama's challenge: "You think you can do healthcare reform better in your states? Fine. Go ahead and do it better."

Friday Talking Points [157] -- Eight Point Nine

Chris Weigant — Sat, 05 Mar 2011 01:06:23 +0000

While technically true ("job growth" is not the same thing as the unemployment rate), but that last sentence could also have been written as: "the unemployment rate fell at the fastest rate in over fifty years -- since 1958, to be exact." Both are true, and yet they tell very different stories -- "a grim nine percent" versus "fell at the fastest rate in over fifty years."

From The Archives -- Fred Phelps' Hatemongering And The First Amendment

Chris Weigant — Thu, 03 Mar 2011 23:50:27 +0000

Phelps knows how to manipulate all of these categories, as he's been at his hatemongering for quite a while now, which has involved previous legal disputes. He has his own church, for instance, which cloaks (as far as he's concerned) everything he says as "religious speech." To back this up, he also knows that "political speech" is protected speech as well. Phelps himself used to be a lawyer (he has been disbarred) who took on civil rights cases, so he knows the legal landscape.

Our Forgotten "Presidents"

Chris Weigant — Tue, 22 Feb 2011 01:29:02 +0000

The two formerly-individual holidays celebrating Washington's Birthday and Lincoln's Birthday have been merged into a single federal holiday -- a holiday which, while intended to honor both Washington and Lincoln, has now become somewhat "genericized" (in name, at least) into a celebration of all our presidents. But what about the forgotten presidents? [Or, to be scrupulously accurate, "presidents"?]

Oh, Say, Can You Sing?

Chris Weigant — Wed, 09 Feb 2011 01:15:21 +0000

Christina Aguilera is -- quite rightly -- getting a lot of grief these days, because she flubbed a line while singing the National Anthem at the start of last weekend's Super Bowl. But while her mangled version of the lyrics was pretty cringe-inducing, to me what was completely indefensible was her mangling of the tune itself. Because this is one song which really shouldn't be open to "interpretation" -- at least not during such a prominent event.

Friday Talking Points [150] -- A Fortean Week

Chris Weigant — Sat, 08 Jan 2011 01:18:52 +0000

Sometimes it is hard to come up with a metaphor to describe the week that was. This was not one of those weeks.

Reading The Constitution

Chris Weigant — Wed, 05 Jan 2011 23:41:03 +0000

The newly-Republican House of Representatives is going to start off their tenure with a gimmick. Or, to be slightly more charitable, a bit of political theater. They're going to read the entire United States Constitution on the floor of the House, as a sop to the Tea Party Republicans. Their aim is twofold -- to appease the Tea Party Republican faction, right from the get-go; and to provide stirring video clips of Republicans faithfully reading our country's founding document. There's one problem with this second goal, though: who gets to read the uncomfortable bits?

Thank You, Joe Lieberman

Chris Weigant — Tue, 21 Dec 2010 00:46:47 +0000

Both houses of Congress have now passed the bill which repeals the "Don't Ask, Don't Tell" policy (DADT), which did not allow gay Americans to openly serve their country in military uniform. President Obama has scheduled a signing ceremony for the repeal bill this Wednesday. While this is a significant achievement on the civil rights/gay rights front, it is also a significant political achievement. And one man stands out as the driving political force behind the successful effort to repeal this discriminatory federal policy. Which is why, today, I'd like to publicly thank Senator Joe Lieberman.

My 2010 "McLaughlin Awards" [Part 1]

Chris Weigant — Sat, 18 Dec 2010 00:45:59 +0000

My apologies to anyone tuning in who was expecting to see the 150th "Friday Talking Points" column, since it will be pre-empted for two weeks here. But the good news is we're doing so to bring you our annual "McLaughlin Awards," which are even more fun!

"Don't Ask, Don't Tell" Repeal's Last, Best Legislative Chance

Chris Weigant — Thu, 16 Dec 2010 00:48:19 +0000

The House of Representatives has just voted overwhelmingly to repeal the military's "Don't Ask, Don't Tell" policy (DADT), which forbids gays from openly serving their country. The vote was an impressive 250 to 175 -- which is sixteen more votes for repeal than the previous tally in the House (when they voted on the issue as part of the Pentagon's yearly budget). What this vote means is that we are now only one Senate floor vote and a presidential signing ceremony away from a historic end to such blatant discrimination being enshrined in federal law. Whether the Senate will pass the measure before the end of the year or not is still uncertain, but even with the down-to-the-wire nature of the lame duck session, this still represents the best chance for DADT's repeal yet -- and also the last chance for what could be a very long time to repeal the policy by legislative means.

From The Archives: Dump The Individual Mandate

Chris Weigant — Wed, 15 Dec 2010 00:21:24 +0000

But, as Howard Dean points out, healthcare reform can succeed without it. Which means there shouldn't be anything standing in the way of throwing the whole idea of the mandate under the political bus, so to speak. Or, since the Tea Partiers hate it too, perhaps "throw it overboard" would be a better metaphor.

A Politically-Polarized Sesquicentennial

Chris Weigant — Tue, 14 Dec 2010 02:26:03 +0000

A theme has emerged, in recent years, of America as a nation almost hopelessly divided, politically. This theme is most often reinforced by such superlative declarations (by "journalists" who really should know better) as "America is more politically divided than ever," or "this is the most politically polarized Washington has ever been," or similar such alarmist rhetoric. It has even gotten to the point where many see such statements as truisms -- statements so obviously true that they are seen as irrefutable. This is a gross error, born of the fact that most "journalists" simply have no concept of their own country's history. Because while we are indeed currently politically divided and somewhat polarized, this is actually our normal state as a nation -- and on the polarization scale, we're nowhere near the "most divided" we've ever been. Far from it.

Entertainment And Politics

Chris Weigant — Wed, 27 Oct 2010 23:49:58 +0000

When ex-actor Ronald Reagan won the presidency for the first time, I became convinced that American politics had become indistinguishable from show business. Nothing that has happened in the intervening years has caused me to change my mind on the subject. But the phenomenon of television personalities throwing their own pseudo-political "rallies" on the National Mall in Washington certainly breaks new ground in both the political arena and the entertainment world, I have to admit.

Friday Talking Points [144] -- Midterm Home Stretch

Chris Weigant — Fri, 22 Oct 2010 23:57:02 +0000

I'm going to (mostly) resist the urge to take advantage of this column's volume number in order to write a really gross column. Numerically, and inventory-wise, a "gross" is (of course) one dozen dozen. Twelve squared.

California Marijuana Proposition Update

Chris Weigant — Wed, 13 Oct 2010 23:56:10 +0000

I have to admit that I still have no answer to the question last week's article asked in its title. At this point, nothing more than sheer speculation can answer how President Obama and the White House would react to Proposition 19 passing.

Two Opportunities For Leadership

Chris Weigant — Wed, 13 Oct 2010 00:26:02 +0000

Democrats, and President Obama in particular, have two opportunities to show some leadership right now, which come conveniently right before an election. The first of these opportunities is on the growing foreclosure crisis. The second is on the recent federal judge's ruling that will end the military's ability to enforce the "Don't Ask, Don't Tell" (DADT) policy of excluding openly gay people from serving in the military. Democrats should use both of these opportunities as a chance to show some real leadership, and President Obama should be out in front leading this effort.

House Cleaning

Chris Weigant — Wed, 29 Sep 2010 00:28:02 +0000

Democrats in the House of Representatives, most pundits agree, are going to pay a price for the public's perception that Democrats in Congress can't get much of anything done. People are frustrated by the lack of action from Congress on all sorts of issues, this line of thinking goes, and will vent their frustration on Election Day by voting a significant number of Democrats out of the House.

The Relevance Of Frank Zappa

Chris Weigant — Tue, 28 Sep 2010 00:30:02 +0000

Frank Zappa was recently honored by the city of Baltimore (where he spent the first years of his life) by the erection of a bust in front of a public library. And, yes, I like to think Frank is up there somewhere smiling down on my usage of the words "erection" and "bust" in that sentence. More on that in a bit.

Dump The Individual Mandate

Chris Weigant — Wed, 22 Sep 2010 00:27:45 +0000

Obama Poll Watch -- August, 2010

Chris Weigant — Wed, 01 Sep 2010 20:25:22 +0000

Augusts, to be frank, are not President Obama's friend. The past month was no different, at least as measured by public opinion polling. Obama was on a downswing heading into the month, and his numbers reflect this in a stark way. In other words, it was a bad month for Obama.

Tea Party's GOP Hostile Takeover Continues

Chris Weigant — Thu, 26 Aug 2010 00:03:33 +0000

The answer, as with all things Tea Party, is (once again): "it's hard to be sure." We won't really know until after the midterm elections, and at that point so much "spin" will be on the airwaves one might (if one grew up in Kansas, for the sake of argument) be excused the immediate impulse to run for the tornado shelter in the backyard. In other words, even after the elections, the answer is going to depend on who is doing the answering.

To Lefties: How Does Obama Disappoint?

Chris Weigant — Mon, 23 Aug 2010 23:42:23 +0000

Since it's Monday, meaning this column will appear in Huffington Post as well as on my own website, I thought I'd do the courtesy of actually asking a fairly large, fairly Lefty audience what they thought, instead of just offering up my own explanations for the phenomenon. So, what do you think? I promise I'll tally everyone's comments in an effort to try to qualify what the Left (or at least, the portion of it reading this) really thinks about their disappointment with the president.

Friday Talking Points [135] -- The Sky Is Falling!

Chris Weigant — Sat, 21 Aug 2010 00:08:48 +0000

The media, quite obviously, has lost any capacity it once may have had for self-examination, to say nothing of its sense of irony. Every so often, this is proven beyond doubt by a single story. This, sadly, is one of those times.

Obama Reframes Mosque Debate

Chris Weigant — Tue, 17 Aug 2010 00:21:01 +0000

President Barack Obama, in a White House Ramadan address last Friday, expressed his thoughts on the "Ground Zero mosque" debate, and in doing so not only got it exactly right, but also managed to change the debate in a considerable way which few have noticed yet. Because in his comments Friday (and in his off-the-cuff comment the next day), the president refocused the debate from the notion of "should be allowed" to the question of "should." In doing so, Obama elevated the level of the debate for both him and the project's detractors.

If Gay Marriage Wins...

Chris Weigant — Mon, 09 Aug 2010 23:36:40 +0000

Last week, a federal judge handed down his decision in the case Perry v. Schwarzenegger, which said (in no uncertain terms) that gay marriage was a civil right, and should be guaranteed to all -- no matter what voters thought about it -- in much the same way that interracial marriage is a constitutional right guaranteed to all (which happened via a similarly-contentious federal court ruling in the 1960s). While this ruling was rightfully hailed by gay rights supporters, everyone knows that there is still a long road ahead until it reaches the Supreme Court, where the matter may be fundamentally decided.

Friday Talking Points [133] -- The Silly Season Begins

Chris Weigant — Sat, 07 Aug 2010 00:45:15 +0000

August in Washington means the beginning of the official "silly season" of politics. This is because Congress takes the whole month off, and political news stories become rather thin on the ground. Intrepid political reporters, wishing to be on vacation themselves, get lazy and start going crazy over non-stories hyped into political wildfires seemingly overnight -- over the silliest of subjects. But these fun and games have not quite yet begun, because the Senate wrapped up work this week, and a few legal decisions of great moment were in the news.

Perry v. Schwarzenegger

Chris Weigant — Thu, 05 Aug 2010 23:40:58 +0000

There are certain court cases everyone schooled in America at least recognizes the names of: Marbury v. Madison, Plessy v. Ferguson, Brown v. Board of Education, and, most recently, Roe v. Wade. Even if you don't remember the particular details in these cases, chances are you'll at least have heard all of these names before. And we could be on the brink of another landmark case entering this pantheon of pivotal legal decisions: Perry v. Schwarzenegger. Yes, California's "Governator" may go down in history as being on the wrong side of this case (even though he personally supports overturning Proposition 8).

Conservative Mosque Hypocrisy

Chris Weigant — Tue, 03 Aug 2010 22:41:14 +0000

Instead, I am amazed once again (even though I really shouldn't be by this point) at how adept Republicans and conservatives (but not hardcore Libertarians, I have to admit, who generally put their political philosophy above pandering to the public) are at suddenly throwing large parts of their core ideology over the side of the boat whenever something is happening (or about to happen) that they just don't agree with on a gut level. "Get the government off everyone's back!" very quickly becomes: "Get the government into your bedroom, your end-of-life decisions, or what chemicals you choose to ingest in the privacy of your own home -- and do it in a manner which we agree with!"

Bear-ing Arms

Chris Weigant — Tue, 06 Jul 2010 02:40:47 +0000

Instead, as a surprise, we welcome back our in-house cartoonist who has been held captive by a roving band of wild secretaries. Ransom is being asked on the order of seven dollars and 42 cents, but so far, no takers. He managed to get this cartoon smuggled out with the aid of a trained squirrel.

Supreme Court Helps Out Kagan

Chris Weigant — Tue, 29 Jun 2010 00:50:23 +0000

A Supreme Court ruling just out may serve to blunt Republican criticism of Elena Kagan, who started her confirmation hearings today in the Senate. So far, Republicans haven't come up with much of any substance to attack Kagan on (although I admit, I haven't watched any of today's confirmation hearings yet), but they all pretty much agree upon one issue -- the fact that Kagan, as dean of the Harvard law school, upheld a school policy of barring military recruiters from campus due to the fact that the military discriminates against gays. But the ruling in Christian Legal Society v. Martinez seems to give the high court's imprimatur to universities not allowing groups that practice such discrimination on campus -- which Kagan can now point to in defense of her position.

Friday Talking Points [129] -- Incrementalism Wins Big

Chris Weigant — Fri, 25 Jun 2010 23:52:55 +0000

We're going to begin today with the news that a popular New Jersey beach is considering allowing women to sunbathe topless. And then move right on to the financial reform bill, by way of a neck-snapping segue. Just to warn you up front.

Obama's Pivotal Week

Chris Weigant — Tue, 15 Jun 2010 00:30:34 +0000

All this activity is welcome, because up until now the White House has seemed a bit adrift in their response to the tragedy. They may have been on top of the entire situation from Day One, as they claim, but it wasn't readily apparent to the public, meaning they either were actually adrift, or they have been having a communication and press relations problem. This must be frustrating to the White House, since the press has been somewhat lacking in their own response and coverage. Case in point, after obsessing for a solid week that the president needed to "show some rage" over the situation, the press immediately pounced when Obama did show a bit of annoyance, immediately proclaiming that he was "too angry," or the press just giggled in true Beavis and Butthead fashion: "heh heh heh... the president said ass... heh heh."

Before And After The Fact

Chris Weigant — Wed, 02 Jun 2010 00:13:16 +0000

It is a great temptation for people in government to mete out harsh punishment after something happens which they do not agree with or support. Whenever some incident bursts onto the public consciousness and raises an outcry, government officials almost always feel the urge to use their power to explicitly punish whoever is responsible. The BP oil spill is just the most recent (and most glaring) example of this right now. But there's one problem with national politicians elbowing each other out of the way to punish individuals or companies in such a fashion -- it's not only illegal, it's downright unconstitutional to do so.

Memorializing Second-Class Soldiers

Chris Weigant — Tue, 01 Jun 2010 00:16:02 +0000

Memorial Day is the time to memorialize all the brave individuals who served our country throughout its history, and sometimes paid the ultimate price for doing so. But, in particular, this year I'd like to focus on all those who did their duty for their country, and fought for the American ideal of equality for all citizens -- even while they did not enjoy such rights themselves, either in the military or in American life at the time. These second-class citizens, one would think, would have even less reason than citizens accorded full rights under the law to risk death on a foreign battlefield, and therefore would not have volunteered to do so. One would be wrong in thinking this, however.

Straight-Up, No-Chaser Libertarianism

Chris Weigant — Thu, 20 May 2010 23:30:25 +0000

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.

Arizona's Forbidding Landscape

Chris Weigant — Fri, 14 May 2010 02:02:10 +0000

Arizona is a truly beautiful state. It has many spectacular sights, of which the Grand Canyon is the most awe-inspiring. But Arizona is also a state of forbidding landscapes -- much of the state is desert or near-desert, where the heat of the midday sun is a force of nature to be heavily respected, if not downright feared. But what has put Arizona into the news recently is its "forbidding" political landscape. Specifically, on immigration.

Friday Talking Points [122] -- Bikini Bottom Update

Chris Weigant — Sat, 08 May 2010 01:00:18 +0000

Since it's the Friday after month's-end, the new monthly unemployment numbers were released today. Which adds another bar to the "bikini bottom" chart. Now, the measure of how many people know exactly what this means is exactly the measure of how well Democrats are getting the "jobs" message out. Because, as I've said previously, this chart should be front and center in the Democrats' campaigns this year.

Friday Talking Points [120] -- Republicans Chicken Out

Chris Weigant — Fri, 23 Apr 2010 08:53:09 +0000

Democrats had a pretty good week last week. As attention shifts away from unpronounceable volcanoes (more on them in a moment) to the struggle in the Senate over Wall Street reform, the two parties almost seem to have changed their normal methods of playing the political game. The Republicans are all over the map on the issue, and extremely worried about the impression by angry voters that they are doing Wall Street's bidding -- as well they should be. Republicans are, one day, loudly denouncing the reform bill, using their standard Big Lie technique... and then, the next day, saying a deal is very close, and even voting for strong reform in committees. Republicans (some of them, at least) are chickening out of the upcoming partisan battle the Republican leadership seems to want over the issue (more on chickens later on, too). Democrats have, so far, managed both to admirably stay on message and showed an amazing amount of backbone in countering specious Republican arguments. And, so far, polls show the voters are solidly on the Democrats' side on this one, and just not buying what Republicans are telling them. As I said, we seem to have entered BackwardsLand, or something.

Can Harry Reid Deliver?

Chris Weigant — Mon, 12 Apr 2010 23:12:20 +0000

Senate Majority Leader Harry Reid already had a lot of things on his plate to get done in the Senate this year, even before last week's news broke. Now he's facing two more big issues in the midst of an election year (and in the midst of a fight for his own political life in Nevada) -- a new nuclear arms reduction treaty with Russia, and an upcoming confirmation battle over a Supreme Court nomination. Given that Harry Reid's Senate is not exactly known for moving with blinding speed (to be fair, few Senates are), one has to wonder whether Harry Reid can deliver on some of these big issues before the midterm elections or not.

In (Partial) Defense Of Michele Bachmann

Chris Weigant — Thu, 08 Apr 2010 23:56:53 +0000

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.

Guest Column: Celebrating My First Year As An American

Chris Weigant — Sat, 20 Mar 2010 23:45:19 +0000

One year ago I wrote about my experience becoming an American citizen. Yesterday, I celebrated my first anniversary as an American. When I became a citizen, I felt that I now "belonged." I felt that I had made a commitment to this country. I felt that I had a responsibility to be a participant in the political process and an active member of my community.

Fred Phelps' Hatemongering And The First Amendment

Chris Weigant — Tue, 09 Mar 2010 01:33:30 +0000

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?

Legal Odds And Ends

Chris Weigant — Fri, 26 Feb 2010 01:12:58 +0000

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.

Washington, Briefly

Chris Weigant — Tue, 16 Feb 2010 00:33:29 +0000

Because we celebrate the birthday of George Washington today, I offer up for your reading pleasure the briefest of his speeches. This, in its entirety, was Washington's second inaugural address -- which set a brevity record that has never been touched since. In this spirit (and in the spirit of taking today as a holiday), this will constitute the entirety of today's column, as well. In his own words, here is President George Washington:

Hidden Dangers Of Citizens United Ruling

Chris Weigant — Tue, 09 Feb 2010 00:55:56 +0000

But what really worries me about the new rules for corporations and unions is what could happen out of sight of the voting public. I can foresee two ways for such invisible influence to happen, although there may be others I have not thought of as well, I admit.

My 2009 "McLaughlin Awards" [Part 2]

Chris Weigant — Sat, 02 Jan 2010 02:47:35 +0000

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.

Going Nuclear On The Filibuster?

Chris Weigant — Wed, 23 Dec 2009 01:07:13 +0000

These days, it takes 60 votes to do just about anything in the United States Senate. That is a fact that galls many, especially since it is a fairly recent development. While the filibuster (or, the more polite modern version, cloture) has been around for a long time, it simply has not been used as such a blunt instrument before in the fashion Republicans are now swinging it around. Which has led to calls to either abolish the filibuster, or scale it back in some way. But proponents of such action should really think long and hard before they do. Because, eventually, the shoe's going to be on the other foot for Democrats in the Senate. This is something which usually gets lost in this debate, or brushed off when mentioned. It really shouldn't, though.

Forgotten Wars

Chris Weigant — Wed, 02 Dec 2009 00:34:11 +0000

I know I'm supposed to be writing about Afghanistan today, in advance of President Obama's speech tonight, but I am still waiting to hear what the man has to say before analyzing it, so you'll just have to join me as I wait and see.

Khalid Sheikh Mohammed And An Independent Department Of Justice

Chris Weigant — Thu, 19 Nov 2009 00:56:52 +0000

This column is really a second installment to yesterday's ("How To Not Give Khalid Sheikh Mohammed What He Wants"), where I took a look at two of the criticism's against Attorney General Eric Holder's decision to try the accused mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, in federal civilian court rather than in a military tribunal.

How To Not Give Khalid Sheikh Mohammed What He Wants

Chris Weigant — Wed, 18 Nov 2009 01:58:24 +0000

Attorney General Eric Holder has caused an uproar in some circles over his announcement that the self-confessed "mastermind" of the 9/11 attacks, Khalid Sheikh Mohammed, will be tried in federal court in New York City, mere blocks from where the World Trade Center's twin towers once stood. To be honest, I was surprised this was even controversial, for a number of reasons most people (on either side of the issue) have largely ignored. Today I will examine two of these, and tomorrow I will take on the biggest elephant everyone seems to be missing in this particular room.

Friday Talking Points [95] -- A Call To Action

Chris Weigant — Sat, 26 Sep 2009 00:29:33 +0000

"Now is the time for all good men to come to the aid of the party." Of course, this really should be (in today's inclusive society): "Now is the time for all good men and women to come to the aid of the party." But what it really should say is something more like: "Now [...]

How Old Is Too Old, Senator?

Chris Weigant — Tue, 22 Sep 2009 23:16:01 +0000

Senator Robert Byrd reportedly visited the hospital today. The cause of his visit wouldn't normally be considered alarming, but the man is 91 years old, so any such visit is bound to be seen as news. My reaction to this announcement was to check the West Virginia legal code for their rules of senatorial succession. Thankfully for Democrats, the state has a Democratic governor who has the power to appoint a replacement, should Byrd not complete his term.

Emerging GOP Theme: Nullification

Chris Weigant — Mon, 14 Sep 2009 23:46:45 +0000

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Superannuation Of Senator Ted Kennedy

Chris Weigant — Thu, 20 Aug 2009 22:15:20 +0000

This is a tough subject to write about, because Edward "Teddy" Kennedy, brother of John F. Kennedy and Robert F. Kennedy, has served Massachusetts in the United States Senate longer than I've been alive -- almost a half-century. Served, it hardly needs adding, with distinction. His nickname on Capitol Hill these days is "The Lion of the Senate," which just shows the respect and admiration many other politicians feel for the man.

Friday Talking Points [89] -- Fighting Crazy

Chris Weigant — Sat, 15 Aug 2009 00:15:54 +0000

The healthcare reform fracas has gotten so bad, it has forced some in the media to actually do their jobs. This statement will come as a shock to anyone who has become accustomed to the way these soi-disant "journalists" present just about any issue these days -- by having a center-left politician and a hard-right politician on to "debate," and then fanning the flames by refusing to referee and provide actual facts to the discussion. But I think now (maybe) the "journalists" have finally gotten to the point of embarrassment, leading them to actually report on what is true and what is not in the entire debate. In other words, as I said, to do their actual jobs.

Obama's Second Hundred Days

Chris Weigant — Fri, 07 Aug 2009 16:00:35 +0000

I've always been confused why the media goes berserk about rating a president's "first 100 days," but then just stops counting after the first milestone. This, to a statistician, would be known as a "zero dimensional data array" -- one data point, to be exact. If you don't re-test the sample on a regular schedule, how are you supposed to compare it to anything?

The JusticeBot 9000

Chris Weigant — Thu, 16 Jul 2009 00:27:09 +0000

"But that's just the problem!" interjects Dr. Frank, in frustration. "Following the law sounds easy, but the law has changed over the years. The things the Constitution did not address come before judges all the time. Life has changed since 1787! And the law has changed as well."

Obama Should Threaten To Cancel Congress' Five-Week Vacation

Chris Weigant — Thu, 09 Jul 2009 23:54:43 +0000

President Obama always knew he'd face an uphill battle to get healthcare reform legislation through Congress this year. He gave them a pretty generous timeline to do so, and we are fast approaching one of the dates on that timeline -- each house of Congress is supposed to pass their version of a healthcare reform bill by the time Congress breaks for the summer for five weeks. Achieving this milestone on Obama's timeline is now officially in doubt. So Obama should push back a little, and unveil the threat of using Article II, Section 3, Clause 2 of the United States Constitution, which states that the president "may, on extraordinary Occasions, convene both Houses, or either of them." In other words: call a "special session" of Congress. In even plainer language: cancel their month-long-plus vacation.

Tea Bag Day (Part Two) Could Be A Dud

Chris Weigant — Thu, 02 Jul 2009 20:46:27 +0000

This Saturday is, of course, Independence Day. It was also scheduled to be "Round Two" of the tea bag protests. But their planned protest seems to be fizzling like a wet firecracker. At least in the media's view, so far. Perhaps scheduling protests on one of the worst news days in the year is responsible for this inattention?

A Question For Dick Cheney: Should We Now Waterboard Tiller's Murderer?

Chris Weigant — Mon, 08 Jun 2009 22:36:12 +0000

I have a question for former Vice President Dick Cheney, who has been staunchly defending the Bush administration's use of waterboarding and other torture against prisoners in our care. My question: Should Scott Roeder, accused murderer of abortion doctor George Tiller, now be waterboarded? Roeder has just gone on the record stating that further violence is coming, in "many similar events planned around the country as long as abortion remains legal." In other words, Roeder is claiming the now-infamous "ticking time bomb" scenario of what can only be termed domestic terrorism. So, Mr. Cheney, doesn't this mean (following your own "logic") that Roeder should immediately be waterboarded to tell us what he knows? Anything less, by your standards, would be hypocritically picking and choosing which terrorists get a pass, and which don't.

Addressing Sotomayor's Critics

Chris Weigant — Wed, 03 Jun 2009 01:13:30 +0000

Senator Dianne Feinstein finally said what I've been waiting for someone to say about the whole "reverse racism" charge now being levied by Republicans against President Barack Obama's first Supreme Court pick, Judge Sonia Sotomayor. From this weekend's Face The Nation, Feinstein summed the entire controversy up in her first response to moderator Bob [...]

Friday Talking Points [79] -- Judicial Activism And Bias

Chris Weigant — Fri, 29 May 2009 23:38:03 +0000

"Judicial activism" (or, alternatively, "legislating from the bench") is defined -- no matter what your political beliefs -- as "judges not ruling the way I want them to." It's an inherently partisan statement to make, even if it doesn't sound like it. If you are a Republican, using the term means courts ruling for things you don't like. Same for Democrats. The irony is that while the charge is leveled in order to prove some sort of bias or prejudice in a judicial candidate or judge, the only thing it usually winds up proving is the bias of the accuser -- and not the accused. Because it almost always boils down to the accuser wanting the judge or justice in question to rule in a certain partisan way -- before even hearing the facts of any particular case.

Friday Talking Points [78] -- A Mixed Week

Chris Weigant — Sat, 23 May 2009 00:38:12 +0000

President Obama and the congressional Democrats just had their first spat. While others have more-than-adequately delved into the fracas of Obama's national security speech and Harry Reid stripping out funding to close Guantanamo, what I was struck by this week was how Obama is better defining his character as president. This is going to be important later this year, when energy plans and health care reform legislation become protracted fights in Congress.

Pelosi, Part Two

Chris Weigant — Wed, 20 May 2009 00:18:29 +0000

When I wrote yesterday's column ("What, Exactly, Was Pelosi Supposed To Do?") I expected a certain amount of debate, but I had no idea what direction it would take (which is the whole fun of the blogosphere). To be perfectly honest, I thought some Pelosi defenders would take me to task for being too hard on her.

What, Exactly, Was Pelosi Supposed To Do?

Chris Weigant — Mon, 18 May 2009 23:37:54 +0000

Listening to the news over the past week, it would be easy to come to the conclusion that Nancy Pelosi was personally responsible for torturing prisoners. Because that's how the storyline seemed, if you had just beamed in from Mars and didn't know anything else about the debate on prisoner interrogation. The problem is, we have not just arrived on this planet, and Nancy Pelosi will ultimately wind up in the history books with a footnote (if that) in the description of what took place under George W. Bush and Dick Cheney. But her critics in the past few days have remarkably failed to answer a very basic question (not that the media is really asking, but maybe they'll get around to it) -- what, exactly, was Nancy Pelosi supposed to do?

Friday Talking Points [77] -- There's Always Next Week...

Chris Weigant — Sat, 16 May 2009 00:44:07 +0000

I have to start by saying that in all honesty, President Obama and the Democrats didn't have a great week.

Friday Talking Points [76] -- Countering The Luntz Playbook On Health Care

Chris Weigant — Sat, 09 May 2009 00:04:39 +0000

Frank Luntz is one of those Republicans that is both respected and feared by Democrats. And rightly so. Because Luntz is a master at the business of teaching Republicans how to speak. He gets paid a bundle of money for doing this sort of thing, unlike amateurs such as myself on the web. [Note to Democratic Party: I will cheerfully accept bundles of money for writing this column, just to let you know....]

Friday Talking Points [75] -- Monster Raving Loony Party

Chris Weigant — Sat, 02 May 2009 00:46:01 +0000

OK, with that out of the way, we must (sadly) turn our eyes to the Republican Party. Because they appear to be losing all touch with reality, so it's best to keep an eye on them at this point. For starters, they are calling a special Republican National Committee meeting in the next month to vote on (as if they could) forcing their opposition to change their name to what is variously described as the "Socialist Democratic Party" or the "Democratic Socialist Party" (as well as variations where they intentionally leave out the "-ic" just to twist the knife).

Friday Talking Points [74] -- Pirates And Torture

Chris Weigant — Fri, 17 Apr 2009 23:57:29 +0000

What a strange set of sentences that is to begin an article about the twenty-first century world we live in. But pirates are attacking ships with regularity off the coast of Somalia. This has been going on for years, but Americans just realized it is happening (because an American ship was just attacked). And, while the two are not connected (and I am not advocating for their connection, sorry for the slightly-misleading headline), people are finally talking about torture after President Obama released the Bush torture memos to the public. We'll get to the Bush torture memos in a bit, but I'd like to begin with a proposed solution to the pirate problem first.

American Violet A Powerful Movie With A Powerful Message On Race And The Drug War

Chris Weigant — Wed, 15 Apr 2009 23:44:30 +0000

American Violet is not a "horror movie." It has no monsters, zombies, or mass murderers in it. Just people. But the movie's powerful message on the role racism plays in the Drug War will likely horrify you just the same. So while American Violet is about as far from the "horror" genre in moviemaking as you can get, audiences may indeed be horrified (or perhaps outraged) at the injustice displayed by one district attorney in Texas.

Tea And Sympathy

Chris Weigant — Mon, 13 Apr 2009 23:15:12 +0000

Tea doesn't get much respect in America. This historical snubbing will continue Wednesday, with protests across America meant to evoke the Boston Tea Party, a seminal event in the foundation of our county. How effective these protests will be is going to be open to interpretation, however.