Category: Congress

Congress, Constitutional Law, Criminal law, Media, Politics, Science, Society

Government Wants ISPs to Spy On You

Submitted by Gene Howington, Guest Blogger

While everyone was distracted with the hullabaloo surround the artificial “debt ceiling crisis”, Congress did manage to get some work done.  Unfortunately that work was in furtherance of eroding your right to privacy.  Thursday, July 28, the House of Representatives Judiciary Committee submitted a bill (H.R. 1981) under the politically motivated and misleading name Protecting Children From Internet Pornographers Act of 2011, which was quietly lobbied for by conservative Republicans and the Department of Justice, voted in committee to advance regulations requiring Internet service providers to retain your account information.  This information preserved would include not just your IP address, but customers’ names, addresses, phone numbers, credit card numbers and bank account numbers as well.  The Judiciary Committee approved this bill in a 19-0 vote, rejecting a last minute amendment that would have required the retention of IP addresses only by 7-16.

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Congress, Politics

Do We Really Need A Debt Ceiling?

Submitted by Mike Appleton (Guest Blogger)

The debate raging in Congress over increasing the so-called “debt ceiling” makes for wonderfully frenetic headlines.  It allows Republicans to play pin the blame on the donkey and Democrats to respond with accusations of irresponsible brinkmanship.  In the end it is likely that a bill in some form will be passed because the government must pay its bills.

But lost in the frenzy is a fundamental question.  The budget is determined by Congress through the appropriations process.  Therefore, Congress essentially determines the amount of the nation’s debt.  The borrowing authority granted by Congress to the Treasury provides flexibility in financing that debt.  The executive branch cannot spend more than is appropriated, nor borrow more than is needed to service debt.

So, since Congress controls the purse strings, and the power of the President is limited to implementing the fiscal will of Congress, why is it necessary to periodically debate Treasury’s borrowing authority?  More specifically, is there any logical reason for the imposition of the misnamed “debt ceiling”? Continue reading “Do We Really Need A Debt Ceiling?” →

Congress, Politics

Half Of Americans Don’t Pay Any Taxes

-Submitted by David Drumm (Nal), Guest Blogger

It’s a common claim from the Right, but it’s not true. Senator John Cornyn (R-Texas), in a Senate floor speech,  claimed “Fifty-one percent — that is, a majority of American households — paid no income tax in 2009. Zero. Zip. Nada.” At least he used the often omitted “income” adjective. However, those individuals still pay payroll taxes, like Social Security and Medicare, sales taxes, and often property taxes.

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Congress, Constitutional Law, Politics

Coin Seigniorage – Legal Response To Debt Ceiling Crisis

-Submitted by David Drumm (Nal), Guest Blogger

Coin seigniorage (CS) is the net revenue derived from the issuing of coins. It cost less than one dollar to mint a dollar coin and the difference between the manufacturing costs and face value (one dollar) is pure profit for the Treasury. The United States could just print more paper money, however, there is a statutory limit to the amount of paper currency in circulation at any one time.

There is not, ironically, a similar statutory requirement on the amount of coinage. The idea of using CS to solve the debt crisis is garnering a lot of serious attention.

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Bizarre, Congress, Politics

Mc-Statesman And The “Deceivers”

Submitted by Mark Esposito, Guest Blogger

The battle over raising the debt ceiling has made some interesting bedfellows and even more intriguing and perplexing moments. At this instant, we are awaiting the vote on Speaker Boehner’s Plan which has been delayed to allow the mainline Republicans to scurry about coaxing tea partiers off their high horses named “No Taxes,” and “Cut Government.” For his part, Boehner has the distinct look of the bridegroom anxiously waiting at the legislative altar while the cavorting bride finishes up at the  ‘No, no Nanette” (you’ll recall that ditty, “Tea For Two.’) themed bachelorette party over at Michele Bachmann’s encounter group/ chapel/ballroom.

Continue reading “Mc-Statesman And The “Deceivers”” →

Congress, Constitutional Law, Courts, Justice, Politics

Can The Default “Crisis” Be Solved Unilaterally?

Respectfully Submitted by Lawrence Rafferty-Guest Blogger

Following up on the continuing saga of the debt default crisis and our earlier articles, I had a few more thoughts on how the crisis should be handled. The first suggested solution came from President Clinton who argued for it in a recent interview. Continue reading “Can The Default “Crisis” Be Solved Unilaterally?” →

Congress, Justice, Politics, Society

The Solution to the Debt Crisis is an Easy One.

Respectfully submitted by Lawrence Rafferty-Guest Blogger

I have a slightly different take on the debt ceiling discussion started by Mike Appleton earlier.  The Debt ceiling issue is on every cable and broadcast TV channel and on just about every website and blog including here on Prof. Turley’s blog. The debt limit and its feared default has controlled the airwaves for weeks now, and it isn’t going to end soon if the news reports are to believed. The Democrats want increased revenue and the Republicans want cuts only to spending in order to convince both sides to do something that was done about 19 times during the preceding administration without much fanfare from either side. No matter who you support there is an easy solution to the problem and the majority of Americans agree with it. The Hill Continue reading “The Solution to the Debt Crisis is an Easy One.” →

Congress, Politics

The Phony Debt Ceiling Debate

Submitted by Mike Appleton, Guest Blogger

Humorist Tom Bodett observed on NPR’s “Wait, Wait…Don’t Tell Me” this weekend that if we raise the debt ceiling any higher, we won’t be able to paint it.  In addition to being funny, his comment was more intelligent than most of what passes for debate on the issue.

Raising the debt ceiling is hardly a difficult decision to make, requiring that Congress answer only the following questions:

1. Are we unable with existing revenues to pay our debts as they become due?

2. Do we have the ability to borrow the funds necessary to cover the shortfall?

3. Will the additional borrowing push us over the existing debt ceiling?

If the answer to these questions is “yes,” the debt ceiling needs to be raised. Congress has always managed to get through the process rather easily, voting to increase the debt ceiling 74 times since 1962.  So why the current impasse on a routine matter? Continue reading “The Phony Debt Ceiling Debate” →

Congress, Criminal law, Society, Torts

Tiger By The Tail: Dem Leadership Struggle In Wake Of Latest Sex Scandal

Rep. David Wu has long been identified as a major liability for the Democrats. The first Chinese-American elected to Congress, Wu has displayed mental instability for years. He is now accused of an “unwanted sexual encounter” with the teenage daughter of a longtime friend.

Continue reading “Tiger By The Tail: Dem Leadership Struggle In Wake Of Latest Sex Scandal” →

Congress, Politics, Things That Tick Me Off

The Gang of Six and Their War on Main Street

Submitted by Lawrence Rafferty-Guest Blogger

It is probably just me, but it seems that every time we hear about a proposed deal to extend the debt limit and avert a government shutdown and a debt default, the plan does nothing more than cut the taxes on the wealthiest Americans and Corporations.  The latest proposal by the so-called Gang of Six is just one more example of Congress attacking the Middle Class. Continue reading “The Gang of Six and Their War on Main Street” →

Bizarre, Congress, Constitutional Law, Criminal law, Military, Politics, Society

McConnell: Casey Anthony Verdict Shows Terrorist Suspects Should Not Receive Real Trials

Many have objected that the Casey Anthony trial and verdict has displaced attention to every thing from three wars to a growing economic crisis. Now, however, Senate Republican Leader Mitch McConnell has suggested that the impact of the Anthony verdict may extend to national security trials and serve as an excuse to deny terrorism defendants a federal trial. McConnell stated that the verdict shows that we cannot trust our court system in trying terrorism suspects. The clear import is that we should use the widely ridiculed military tribunal system because we cannot risk defendants actually prevailing in court.

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Congress, Constitutional Law

Does Congress Have A Constitutional Obligation To Raise The Debt Ceiling?

-Submitted by David Drumm (Nal), Guest Blogger

Section four of the Fourteenth Amendment, known as the public debt clause, states that “the validity of the public debt of the United States, authorized by law … shall not be questioned.” The clause was included to prevent Southerners or their sympathizers from preventing payments owed to Union soldiers or their widows. However, the language goes beyond the narrow issue of Civil War debts.

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Congress, Justice, Supreme Court

AT&T Mobility v. Concepcion: Has Consumer Protection Law Been Preempted?

Submitted by Mike Appleton, Guest Blogger

“All animals are equal but some animals are more equal than others.”

-George Orwell, “Animal Farm”

The Supreme Court’s decision in the Walmart class action case has understandably generated controversy for its adverse impact on the litigation of workplace discrimination claims.  But the Walmart case is not nearly as far reaching in its implications as the decision issued by the Supreme Court on April 27, 2011 in AT&T Mobility, LLC v. Concepcion, 563 U.S. _____ (2011).  The opinion in Concepcion confirms two truths.  First, Justice Antonin Scalia is firmly committed to federalism except when he isn’t.  Second, corporate America is well on its way to usurping the common law and state statutory law intended to protect the interests of aggrieved consumers. Continue reading “AT&T Mobility v. Concepcion: Has Consumer Protection Law Been Preempted?” →

Congress, Constitutional Law, Courts, Politics

Democrats Raise Constitutional Argument In Favor Of Raising Debt Limit

Democratic members have raised a novel argument under the Fourteenth Amendment that the refusal to raise the debt ceiling is unconstitutional. For full disclosure, I was asked about this argument weeks ago by members who believe that forcing the country to default would be not just catastrophic but unconstitutional. I will be discussing this topic today on CNN and tonight on Countdown.
Continue reading “Democrats Raise Constitutional Argument In Favor Of Raising Debt Limit” →

Congress, Constitutional Law, Politics, Religion, Society

Obama: I’ve Made A Decision To Leave The Decision To States On Gay Marriage

For years, we have followed the painful display of Barack Obama trying to deal with same-sex marriage by finding the best political position for himself. Principle has never been part of the equation, of course. The decision whether to stop discrimination against homosexuals is clearly based on what would be the most useful to the President. The result has been rather ugly with Jay Carney prompting laughs with the recent position that the President has been clear that his position is unclear. Now the President has adopted another position tailored for the election.

Continue reading “Obama: I’ve Made A Decision To Leave The Decision To States On Gay Marriage” →