Category: Congress

Congress, Constitutional Law

National Identification Cards and the America’s Fishbowl Society

Published Jan. 14, 2002

THIS month, a little-known group is meeting to take a step that may affect every citizen of the United States. The American Assn. of Motor Vehicle Administrators has announced it will create a de facto national identification card. The association reportedly is working with the Justice Department and the General Services Administration to create a system with a massive database encompassing every citizen. Thus largely unknown bureaucrats could create a kind of human license plate to track and restrict our movements–anathema in the U.S. In the past, it was technically impossible or prohibitively expensive to monitor more than a fraction of the population at any given time. But recent advances in technology have removed these barriers. The only thing missing was a catalyst–some event that would substitute immediate security concerns for abstract notions of privacy. That took place Sept. 11. Continue reading “National Identification Cards and the America’s Fishbowl Society” →

Congress, Justice, Military, Politics

The Feres Doctrine: Giving our Service Members the Freedom to Sue

Published November 6, 2002

“Nothing is too good for our men and women in uniform.”

It may be the world’s most predictable political applause line. It was a central theme of President Bush’s 2000 presidential campaign. With both war and elections looming, it became a virtual mantra among politicians across the country.

This month, however, the Bush administration is waging a little-known battle to preserve a rule that reduces service members to second-class citizens. Continue reading “The Feres Doctrine: Giving our Service Members the Freedom to Sue” →

Congress, Constitutional Law

Terrorist Attacks and an Incapacitated Congress

Published October 2001
THERE was a time when the idea of an incapacitated Congress would have been greeted with considerable relief by most citizens. In what may be the ultimate sign of our times, a constitutional amendment has been proposed to address what was once the unthinkable: the death or incapacitation of one-fourth or more of the members of the House of Representatives. This amendment, introduced by Rep. Brian Baird (D, Wash.), cannot be easily dismissed. The Constitution does in fact have a blind spot that makes the system vulnerable to terrorism. Continue reading “Terrorist Attacks and an Incapacitated Congress” →

Congress, Justice

Condit and the Chandra Levy Scandal

Published August 2001

A FEW years ago, the public was caught up in the debate over which stamp they preferred: the fat Elvis or the thin Elvis. This great public debate came to mind after Rep. Gary Condit finally came forward and spoke for the first time about his involvement with missing intern Chandra Levy. We can now decide which we prefer: the silent Condit or the speaking Condit. I, for one, preferred the former. Continue reading “Condit and the Chandra Levy Scandal” →

Congress

Congressional Perks and Working Out the Body Politic

Published August 2001

MEMBERS of Congress have rallied around a cause that has united outraged representatives from both parties. The passion was evident in a recent hearing before the House Appropriations Committee, where Rep. Anne Northup (R-Ky.) informed a shocked committee of members that ”the fact is we have a very inferior gym.”

Northup was referring to the facility for members and their spouses that is something more than a ”gym.” The House members enjoy a public-financed athletic club with a gymnasium, Olympic-size pool, work-out rooms and other amenities. Continue reading “Congressional Perks and Working Out the Body Politic” →

Congress

Nepotism and Congress: Don’t Let Jobs Grow on Family Trees

Published 7/30/03 – USA Today

When he became governor of Alaska, Frank Murkowski had to decide who should finish the two years remaining on his U.S. Senate term. After a supposedly exhaustive search, Murkowski appointed his daughter, Lisa Murkowski.

Although the first U.S. senator appointed by a father, Lisa Murkowski is hardly unique among the children and spouses of politicians. For example, Vice President Cheney’s daughter, Elizabeth Cheney, and his son-in-law, Philip Perry, were appointed by President Bush to high-level positions: deputy assistant secretary of State and chief counsel for the Office of Management and Budget, respectively. Continue reading “Nepotism and Congress: Don’t Let Jobs Grow on Family Trees” →

Congress, Military, Politics

Body Armor: U.S. Soldiers Lack Best Protective Gear

Published 12/17/2003

I recently received a note from one of the few husbands who knows just what his wife wants as a holiday gift. The Army sergeant (who asked to remain anonymous) e-mailed me from Iraq asking my help in finding him a store to buy body armor for his wife.

Both the sergeant and his wife are serving in Iraq, and both have seen action. But, like thousands of U.S. soldiers, his wife was not given the vital ceramic plates for her Kevlar Interceptor vest to protect her from bullet wounds. Instead, he said, she had to scavenge to find plates left behind by Iraqi soldiers — plates of inferior quality that do not properly fit her vest. Continue reading “Body Armor: U.S. Soldiers Lack Best Protective Gear” →

Congress, Constitutional Law, Politics

Arnold Schwarzenegger and the Constitutional Ban on Foreign Born Presidents

Published 11/22/2004

It is the most glaring contradiction in our Constitution: a nation of immigrants that excludes anyone who is not born in the United States from becoming president. While long criticized, it went largely unchallenged until Arnold Schwarzenegger became governor of California and his fans discovered that he couldn’t become “The Presinator” because of his Austrian birth.
It is hardly the stuff that inspiring constitutional movements are made of, but, then again, one takes what one can get when it comes to constitutional reform. Continue reading “Arnold Schwarzenegger and the Constitutional Ban on Foreign Born Presidents” →

Columns, Congress, Politics

It’s All Legal in the Bizarre World of Congressional Ethics

published 12/27/2004

Orientation week can be a daunting and confusing process for any freshman, particularly for the nine new senators and 38 new House members of the 109th Congress. During the recent orientation week on Capitol Hill, one freshman, Representative-elect Al Green, D-Texas, noted “as a neophyte trying to find his way, you need as many people to direct you as you can.”
Indeed, that education is about to begin in earnest, starting with the ethics book included in their orientation kits. On their face, the ethics rules would seem to bar any self-dealing or profit-taking by members. In reality, they actually legalize conduct that would be viewed as grossly unethical or corrupt in the other government branches. For Green and the other neophytes, therefore, the following are four easy lessons on how to earn millions on a government salary. Continue reading “It’s All Legal in the Bizarre World of Congressional Ethics” →

Congress, Constitutional Law, Politics

Terri Schiavo and How Temptation Can Top the Constitution

Pubished 3/22/2005
By Jonathan Turley
During the drafting of the Constitution, the Framers often spoke of the interests of the “body politic” — a term that took on a new and chilling meaning this week in the fight over Terri Schiavo. Laying in a persistent vegetative state in Florida, Schiavo has literally become the body politic — a transcendent symbol claimed by rivals in an ongoing cultural war. Ironically, as each side has struggled to embrace her cause, she has become less real, more personification than person. Continue reading “Terri Schiavo and How Temptation Can Top the Constitution” →

Congress, Constitutional Law, Politics

Mr. Frist Goes to Washington — and the Art of the Filibuster

Published 4/6/2005

If, like me, you hate sequels, stay away from the Senate floor this month. Senate Majority Leader Bill Frist, R-Tenn., may soon try to change one of the longest congressional traditions in the nation’s history — the 200-year-old right to filibuster. However, unlike the original movie, Mr. Smith Goes to Washington, this modern sequel has the makings of neither good viewing nor good politics.
For many Americans, Frank Capra’s 1939 classic work was their first introduction to the filibuster and contains perhaps the quintessential American film scene. Standing alone on the floor of the U.S. Senate, young Sen. Jefferson Smith refuses to yield to the corrupt plans of his powerful colleagues. Against all odds, he invokes the filibuster — the right of a single person to hold the floor against the world — as long as he can continue to stand and to speak. Continue reading “Mr. Frist Goes to Washington — and the Art of the Filibuster” →

Congress, Constitutional Law, Politics, Supreme Court

What Qualifies One for the Supreme Court?

Published 10/5/2005

In his announcement of the nomination of White House counsel Harriet Miers to be an associate justice of the Supreme Court, President Bush concluded with a simple and direct statement to Congress: “I ask the Senate to review her qualifications thoroughly and fairly and to vote on her nomination promptly.”
On its face, it seems straightforward enough. Like the president, most senators speak of “qualifications” as if the term is self-defining or obvious. Yet, after more than 200 years, neither the Senate nor law professors have agreed on what constitutes a “qualification” for the nation’s highest court. Indeed, looking over the past 157 nominations (and 42 unsuccessful nominations since 1789), there is little consensus on what constitutes a truly qualified person to sit on the court. Continue reading “What Qualifies One for the Supreme Court?” →

Congress, Constitutional Law, Justice, Politics, Supreme Court

Bush and Domestic Spying: A Threat to Our Principles

Published 12/21/2005

This week, President Bush is struggling to deal with rising accusations that he committed federal crimes in ordering the eavesdropping on hundreds, if not thousands, of people without court orders. It is a scandal that raises troubling questions not just for the presidency but also for the president.

In some ways, it was inevitable that we would find ourselves at this historic confrontation. Bush has long viewed the law as some malleable means to achieve particular ends, rather than the ends itself. In this sense, there is an eerie similarity between the views of Bush and two of his predecessors: Richard Nixon and Bill Clinton. Continue reading “Bush and Domestic Spying: A Threat to Our Principles” →

Congress, Constitutional Law, Politics, Supreme Court

Troubling Times for a Troubling Nominee: Samuel Alito

Published 1/9/06

Despite my agreement with Alito on many issues, I believe that he would be a dangerous addition to the court in already dangerous times for our constitutional system. Alito’s cases reveal an almost reflexive vote in favor of government, a preference based not on some overriding principle but an overriding party.

In my years as an academic and a litigator, I have rarely seen the equal of Alito’s bias in favor of the government. To put it bluntly, when it comes to reviewing government abuse, Samuel Alito is an empty robe. Continue reading “Troubling Times for a Troubling Nominee: Samuel Alito” →