ChrisWeigant.com

Archive of Articles in the "The Constitution" Category

Congress Still Not Working

[ Posted Friday, July 5th, 2013 – 17:47 UTC ]

Maybe it's just envy. I'll fully admit it, up front. After all, who wouldn't want a job where you get one-third of the time you're supposed to be working as free vacation days? Nice work, if you can find it. So maybe there's a tinge of envy which propels me, on a semi-annual basis, to essentially air the same complaint. But the regularity of these rants is also due to the fact that not much changes in Washington, ever, and one of the reasons that Congress just doesn't work these days is that Congress just doesn't work all that much.

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Gettysburg And Gridlock

[ Posted Monday, July 1st, 2013 – 17:51 UTC ]

Today, exactly 150 years ago, the Battle of Gettysburg began. Seen by most military historians as the turning point of the Civil War, the victory of North over South was indeed a profound moment in time. But I'm going to leave that sort of thing to the military historians who are much more informed about the battle itself, the meaningfulness of the victory, and all the rest of the arrows-on-a-map analysis. There should be plenty of such commentary this week to commemorate the battle, a three-day affair that left roughly 50,000 Americans dead. Instead, today I'm going to go off on a rather large tangent into the history of the American political world, so be warned.

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Friday Talking Points [263] -- Professional Edition

[ Posted Friday, June 28th, 2013 – 17:09 UTC ]

Well, we've been away for two weeks, and those two weeks were just chock-full of political news, so we've got a lot to cover. The reason for the interruption in columns was, of course, our attending Netroots Nation, the yearly conclave of bloggers, Progressives, and all and sundry who like hanging out with them. Which brings us to this week's unusual title -- today's Friday Talking Points, for the first time ever, are going to be professionally-produced and focus-group-tested. More on this later.

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Marriage Equality's Giant Leap Forward

[ Posted Wednesday, June 26th, 2013 – 17:14 UTC ]

However, for a whole lot of gay couples, life will have gotten one whale of a lot better. Today's Supreme Court rulings are a giant leap forward along the path to fully equal rights. The federal government will now recognize marriages which their states recognize, and the barriers to equal treatment under federal law have disintegrated for good. That is indeed something to celebrate. Which is why I'm going to stop using the term "gay marriage" ever again in my writing. There is no "same-sex" and "opposite-sex" marriage anymore. There is just marriage, period. From now on, the phrase I'll be using is "marriage equality," because we're all now equal under federal law -- as we should be under state law, as well.

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From The Archives -- Arizona's Forbidding Landscape

[ Posted Friday, June 21st, 2013 – 16:00 UTC ]

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.

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Cautiously Optimistic On Gay Marriage

[ Posted Monday, June 10th, 2013 – 16:58 UTC ]

The Supremes could surprise me, of course -- they've certainly done so in the past, on many occasions. It's a lot tougher to pick outcomes on the Supreme Court than it is to, say, pick who is likely to win an election. Only nine people get to vote, after all, and they don't answer public opinion polls in the meantime. But I have a strong suspicion that the Supreme Court is going to try to kick the political can down the road a bit.

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Friday Talking Points [261] -- Rest In Peace, Fourth Amendment

[ Posted Friday, June 7th, 2013 – 16:33 UTC ]

Every so often as I sit down to write these Friday columns, the spirit of the rant overtakes me. Instead of our usual Talking Points section this week, I offer up such a rant, on the death of the Fourth Amendment. You have all been warned. I did consider calling this rant an "Ode To Dianne Feinstein," but then I thought that was too limiting -- she certainly isn't the only one out there singing from the same hymnbook. And I certainly wouldn't want to have anyone feel left out.

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From The Archives -- HAL 9000 Meets Big Brother?

[ Posted Thursday, June 6th, 2013 – 15:59 UTC ]

I realize that the news Glenn Greenwald just broke on the National Security Agency glomming onto the records of everyone who made a phone call through Verizon is what I really should be commenting on today, but then I realized I had written an article a long time ago which is germane to this debate. Back in August of 2007, I wrote the following piece on warrantless wiretapping, which poses a few questions that have not only never been answered but indeed never even really discussed. Now, I realize that the situations between now and what I was commenting on then are not clearly parallel, since actual wiretapping (recording or analyzing the content of phone calls) is different (and much more intrusive) than merely accessing the records of who called what phone (which is what apparently happened with Verizon). But the wider picture brings up the same basic question this article asks: should vacuuming up all available data and then weeding it out with computers be legally-admissible evidence in a court of law? So I thought it was worth re-running this column today to examine an aspect of governmental communications intercepts that never seems to get talked about.

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What I Would Have Said To Eric Holder

[ Posted Wednesday, May 29th, 2013 – 17:29 UTC ]

Mister Attorney General, the reason I have such a problem with issuing warrants or subpoenas for news reporters is because I am aware of the history of the laws being used to do so. I have a hard time believing that you or your boss (a former constitutional professor) are completely unaware of these precedents in American history, but I haven't heard anyone else mentioning them, so I thought it fell to me to bring them up.

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Unpacking The Court

[ Posted Tuesday, May 28th, 2013 – 17:00 UTC ]

In one of their stunning (but regular) "up is down" leaps of illogic, the Republican Party is charging President Obama with "court-packing." In reality, they're just miffed that a Democrat is going to exercise his constitutional authority to appoint judges in the regular order of things. To call such actions "court-packing" is nothing short of laughable, to be blunt. In fact, the only hinkey business afoot is coming from Republicans themselves on the issue.

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