Category: Congress

Congress, Constitutional Law, Politics

How to End the Gay Marriage Debate: Civil Unions and You

Published 4/2/2006

With mid-term elections approaching, politicians are once again returning to one of their favorite themes: protecting the sanctity of marriage. When same-sex marriage is raised, citizens quickly forget about rampant corruption in Congress, towering budget deficits, or even the Iraq war. Not surprisingly, therefore, a constitutional amendment has been cited as a legislative priority by both President Bush and Republican leadership. The message is clear: What politics and religion have joined, let no one pull apart.
The fact is that the same-sex marriage fight is one that advocates on both sides would hate to end. Money is pouring in, membership rolls are expanding, and advocates have an issue that borders on obsession for many Americans. Continue reading “How to End the Gay Marriage Debate: Civil Unions and You” →

Columns, Congress, Constitutional Law, Media, Politics

Down to the Fourth Estate: The Failure of the American System to Protect Liberty

Published 5/16/2006

This month, Congress is faced with a most inconvenient crime. With the recent disclosure of a massive secret database program run by the National Security Agency involving tens of millions of innocent Americans, members are confronted with a second intelligence operation that not only lacks congressional authorization but also appears patently unlawful. In December, the public learned that the NSA was engaging in warrantless domestic surveillance of overseas communications — an operation many experts believe is a clear federal crime ordered by the president more than 30 times.
What is most striking about these programs is that they were revealed not by members of Congress but by members of the Fourth Estate: Journalists who confronted Congress with evidence of potentially illegal conduct by this president that was known to various congressional leaders.

In response, President Bush has demanded to know who will rid him of these meddlesome whistle-blowers, and various devout members have rushed forth with cudgels and codes in hand.

Now, it appears Congress is finally acting — not to end alleged criminal acts by the administration, mind you, but to stop the public from learning about such alleged crimes in the future. Members are seeking to give the president the authority to continue to engage in warrantless domestic surveillance as they call for whistle-blowers to be routed out. They also want new penalties to deter both reporters and their sources. Continue reading “Down to the Fourth Estate: The Failure of the American System to Protect Liberty” →

Congress, Constitutional Law, Justice, Military

A War With All Flags and No Faces: Cracking Down on War Protesters

Published 8/16/2006

Dan Frazier seems an unlikely sort to spark a national firestorm. The soft-spoken former journalist runs a left-leaning website in Flagstaff, Ariz., offering political T-shirts and other items with such slogans as “Be Nice to America or We’ll Bring Democracy to Your Country.” It was one T-shirt, however, that made Frazier the Thomas Paine of the ready-to-wear rebel set. Last year, Frazier produced a T-shirt that read “Bush Lied … They Died.” He then listed the names of the fallen in Iraq: at the time 1,700 names (more than 800 short of the latest total).
One of those names belonged to Marine Cpl. Scott Vincent, who was killed in April 2004 by a suicide bomber. When his mother, Judy Vincent, saw her son’s name on the T-shirt, she was outraged and demanded legislative action in her state of Oklahoma. Various state legislators promptly made it a crime to use a soldier’s name or likeness for commercial gain without consent. Louisiana followed suit, and other states are considering such bills. Now, U.S. Rep. Dan Boren, D-Okla., has introduced a federal bill that would prohibit the use of the name or image of any current or former member of the military without permission.

The federal and state legislation raises serious constitutional questions.

In direct conflict with the First Amendment, the federal law would effectively prevent war critics from personalizing the true costs of the war. It is far more powerful for Frazier to say “Bush Lied … They Died” than the more common “Bush Lied … People Died.” It is precisely the type of personalization that war advocates have tried to prevent. Continue reading “A War With All Flags and No Faces: Cracking Down on War Protesters” →

Congress, Politics

The Page Scandal and a Congress That Simply Can’t Resist

Pubished 10/18/2006
In its waning months, the 109th Congress has finally achieved a status in politics that the 1919 Black Sox achieved in sports: It is a symbol of utter corruption. Over the past two years, the congressional scandals have traversed the universe from the gross to the grandiose to the grotesque: visits from call girls, gifts of Rolls Royces and fancy commodes, sweetheart deals for contractors, high-paying lobbyist jobs for underachieving children, free vacations for members and their families.
Yet, if the young boy saying “say it ain’t so, Joe” to Shoeless Joe Jackson perfectly summed up the betrayal of the 1919 World Series, the young male pages pursued by former GOP congressman Mark Foley of Florida perfectly summed up the betrayal of the 109th Congress. The public clearly suspects that, in dealing with Foley, House leaders were more concerned with protecting a House seat than a House page. In a CNN poll, 75% of Americans say the Republicans failed to act responsibly, and 52% believe a coverup was attempted.

If the page scandal captures the raw depravity that is the 109th Congress, the proposed solution captures its raw audacity. Faced with the abuse of children, some lawmakers have called for the removal of the children. First voiced by Rep. Ray LaHood, R-Ill., some members have indicated that they would terminate the page service after almost 200 years of tradition. As LaHood explained, “We should not subject young men and women to this kind of activity, this kind of vulnerability.” When asked whether he was suggesting that his colleagues cannot be trusted with children, he responded, “Well, that’s pretty obvious.” Continue reading “The Page Scandal and a Congress That Simply Can’t Resist” →

Congress

Cleaning Up Congress: Ethics and Reform

Published 11/13/2006

In her first statement after the Democratic takeover of the House, the presumptive new speaker, Nancy Pelosi of California, pledged that her party would create “the most honest, the most open and the most ethical Congress in history.”
History, however, should give citizens pause before they celebrate the dawn of a new day. Pelosi’s promise is eerily similar to the vows of her two predecessors. Continue reading “Cleaning Up Congress: Ethics and Reform” →

Congress, Constitutional Law, Politics, Supreme Court

Afffirmative Action and the Use of Race in Government Regulations

Published 12/5/2006

On Monday, the Supreme Court once again ventured into the quagmire of affirmative action. In two cases, the court will decide whether it is permissible to use race as a criteria in the selection of students on the elementary or high school levels — three years after the court barely sustained the use of such policies on the university level.
Even after many decades, affirmative action remains one of the most contentious issues in our society. Yet, like abortion, there appears to be less, not more, true dialogue. Many people who are uncomfortable with these programs remain silent in fear that their concerns will be misconstrued or mischaracterized. Continue reading “Afffirmative Action and the Use of Race in Government Regulations” →

Congress, Politics

Oaths and the Quran

Published 1/3/07
A HISTORY

The historical and legal basis for oaths is often misunderstood. As with many of our legal traditions, the role of the legislative oath was inherited from England, where its original purpose was anything but inspiring. In the 16th century, the crown used legislative oaths to disqualify any member who did not recognize the king as both the spiritual and temporal sovereign – an effective ban on any faithful Catholic serving in Parliament. Continue reading “Oaths and the Quran” →

Congress, Constitutional Law, Politics

The Truth About The Oath — Keith Ellison and the Quran

Published 1/3/2007

By Jonathan Turley
The newest member of the Minnesota delegation, Keith Ellison, would appear to be the very model of a god-fearing congressman whom conservatives have longed for. Yet Ellison has been denounced as a constitutional blasphemer after discussing his upcoming oath of office. The problem was not with Ellison’s oath, but with his god — Ellison is Muslim (our nation’s first in Congress) and intends to use the Quran today to pledge to serve faithfully before Allah.
Judging from the outcry, one would think that Ellison wanted to use the January edition of Penthouse. America’s permanently angry class of religious zealots has organized protests. Some have called for a law requiring that all members use the Bible — regardless of whether they believe a single word in it. They do not expect Ellison’s conversion, they just want him (and presumably the two new Buddhist members) to pay tribute to their faith system. Continue reading “The Truth About The Oath — Keith Ellison and the Quran” →

Congress, Constitutional Law, Military

Can Congress Stop This War? You Bet.

Published 1/17/2007
Over the next week, Congress will vote on a non-binding resolution denouncing President Bush’s decision to send more troops to Iraq. Many people have already noted that with thousands of dead soldiers and hundreds of billions of dollars lost, Congress might be able to manage more than a legislative “Dear John” letter. Yet, if you listen to the president and some Democratic leaders, Congress can do little to stop the hemorrhaging of lives and treasure.
The truth is that there is a lot that Congress could do. Among other things, it could stop the war. But neither the president nor many Democrats want to publicly entertain such a possibility. Indeed, the president has insisted, again, that he alone makes such decisions. When asked about what Congress can do if it opposes his build-up, Bush was dismissive and said, “Frankly, that’s not their responsibility.” Of course, the president acknowledged, “They could try to stop me from doing it … but I made my decision, and we’re going forward.”

Democratic leaders seem to be encouraging the same view of an unchecked executive. The new chairman of the Senate Foreign Relations Committee, Sen. Joe Biden, D-Del., and other members suggested last week that it may be unconstitutional for Congress to cut funds for an escalation. Continue reading “Can Congress Stop This War? You Bet.” →

Congress, Constitutional Law, Military, Politics

War and Presidents: Military History Magazine Cover Story July 2007

PRESIDENTS AT WAR

The President sat in the Oval Office and staring intently at his Secretary of State. It would fall to him to either order the United States to war or to consult with Congress. He had already stated his intention to fight the enemy anywhere in the world to protect the nation at home. It was time to make good on his promise: “We’ve got to stop the sons of bitches, no matter what, and that’s all there is to it.”

It is a scene that could have been taken easily from the first term of President George W. Bush and his commencement of military action in Afghanistan and Iraq. However, it was not Islamic terrorists but communists that was the scourge in June 1950 and the president was Harry S. Truman. He was committed to the Truman Doctrine to oppose communist expansion around the world and 135,000 communists were on the march across the 38th parallel. It was a decision that would unleash the Korean War. Within days of Truman’s statement, the Army 4th Infantry Division would engage the North Koreans at Osan, suffering heavy losses – all without congressional notice, let alone authorization. Continue reading “War and Presidents: Military History Magazine Cover Story July 2007” →

Congress, Constitutional Law, Supreme Court, Testimony

Testimony on Kelo and the Supreme Court’s Eminent Domain Ruling in Kelo

STATEMENT OF JONATHAN TURLEY, PROFESSOR OF PUBLIC
INTEREST LAW, THE GEORGE WASHINGTON UNIVERSITY
LAW SCHOOL
SEPTEMBER 7, 2005

House Agriculture Committee

Mr. TURLEY. Thank you very much, Mr. Chairman. It is an honor
to appear here before the members of this committee.
As we all know, there is a firestorm of controversy of the Su-
preme Court case, which I also believe was wrongly decided, even
though I have argued in the past, in academic pieces, for the ex-
pansion of public use. In some context, I thought this decision was
facially wrong, and I don’t see how the Court came to its conclu-
sion, which required it to negate portions of the takings clause, to
effectively make them nonexistent. The clause makes a reference to
public use. We interpret constitutional amendments so that words
mean something. And in this case, the public use reference didn’t
even amount to a speed bump for the Court on its way of effectively
negating the protections of the clause. Continue reading “Testimony on Kelo and the Supreme Court’s Eminent Domain Ruling in Kelo” →

Congress, Constitutional Law, Politics, Testimony

Clinton Impeachment Testimony: House Judiciary Committee

Testimony of Jonathan Turley
Shapiro Professor of Public Interest Law, George Washington University Law School

House Judiciary Committee Subcommittee on the Constitution
Hearing on the Background and History of Impeachment
November 9, 1998

INTRODUCTION

Summary: My name is Jonathan Turley. I am a professor at George Washington University Law School where I hold the J.B. and Maurice C. Shapiro Chair for Public Interest Law. Although I have taught constitutional criminal procedure and lectured on the Madisonian Democracy for years, my views have been most influenced by my litigation in past cases dealing with the separation of powers doctrine, executive privilege, and Article II authority. While the current debate over the impeachment standard can appear arcane and theoretical, these standards have concrete expression in cases involving the lives of average citizens and the conduct of Executive Branch officials. When Congress decides that certain criminal conduct does not rise to the level of impeachable offenses, it is defining a permissible parameter for future presidential conduct. Executive power will fill the space created by any decision of this body………………………………………Page 6

METHODOLOGY

Summary: While I greatly respect the academics on the other side of this debate, I do not believe that there is a basis to exclude the alleged criminal conduct from potential articles of impeachment on any definitional, historical or policy basis. The literature in this area is rich with different theories of constitutional interpretation. There is a danger when these theories are super-imposed on a sparse historical record to advance a claim of clear original intent or restrictive hidden meaning. As will be shown, the meaning of “high crimes and misdemeanors” is inextricably linked to the structural function of the House. Impeachment was created as a process by which the public could address serious questions of legitimacy in the Chief Executive and other officers. It was a process by which illegitimacy could be remedied by removal and legitimacy could be redeemed by acquittal. This is why criminal acts committed in office, regardless of their motivation or subject matter, should ordinarily be submitted to the Senate……………Page 9 Continue reading “Clinton Impeachment Testimony: House Judiciary Committee” →

Congress, Constitutional Law, Testimony

Senate Testimony: National Security and Civil Liberties

STATEMENT OF
PROFESSOR JONATHAN TURLEY
SHAPIRO PROFESSOR OF PUBLIC INTEREST LAW
GEORGE WASHINGTON UNIVERSITY LAW SCHOOL
WASHINGTON, D.C.

BEFORE
THE SENATE JUDICIARY COMMITTEE
SUBCOMMITTEE ON TERRORISM, TECHNOLOGY, AND HOMELAND
SECURITY

“A REVIEW OF THE TOOLS TO FIGHT TERRORISM ACT”

SEPTEMBER 13, 2004

Thank you, Mr. Chairman, it is an honor to appear before the Subcommittee
and to discuss the provisions of the Tools to Fight Terrorism Act of 2004. Continue reading “Senate Testimony: National Security and Civil Liberties” →

Congress, Testimony

Bobby Unser and the Alleged Abuses of Park Rangers: Testimony in the House of Representatives

TESTIMONY OF PROFESSOR JONATHAN TURLEY
PROFESSOR OF LAW
DIRECTOR OF THE ENVIRONMENTAL LAW ADVOCACY CENTER
GEORGE WASHINGTON UNIVERSITY LAW SCHOOL
WASHINGTON, D.C.
BEFORE THE
SUBCOMMITTEE ON COMMERCIAL AND ADMINISTRATM LAW
COMMITTEE ON THE JUDICIARY
UNITED STATES HOUSE OF REPRESENTATIVES

May 7, 1998

Mr. Chairman, members of the Subcommittee, I appreciate the
opportunity to speak with you today. The subject of this hearing
is enormously important to many individuals, communities and
agencies in this country. I will not be able to do justice to the
myriad of issues raised by this hearing in my short appearance
before the Subcommittee. I was invited to appear before this
Subcommittee only two days ago while out of town on litigation.
Nonetheless, I felt strongly that some issues should be raised
during the hearing, albeit in an abbreviated form. Mr. Chairman,
with the permission of the Subcommittee, I would like to submit
my complete written statement into the record and to submit a
supplemental statement at a later date. Continue reading “Bobby Unser and the Alleged Abuses of Park Rangers: Testimony in the House of Representatives” →

Congress, Constitutional Law, Justice, Military, Testimony

Testimony in Senate Intelligence Committee on Abuses By Naval Intelligence and the Daniel King Case

PREPARED STATEMENT OF
JONATHAN TURLEY
LEAD DEFENSE COUNSELFOR PETTY OFFICER DANIEL M. KING

SHAPIRO PROFESSOR OF PUBLIC INTEREST LAW
GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

Thank you, Mr. Chairman.
Mr. Chairman, members of the Subcommittee, my name is Jonathan Turley. I currently represent Petty Officer Daniel M. King and I served as the lead defense counsel for Petty Officer King during his prosecution for alleged espionage. I am also a professor at George Washington University Law School where I hold the J.B. and Maurice C. Shapiro Chair for Public Interest Law.

I greatly appreciate your invitation to discuss the King case. As a defense attorney and an academic in the national security field,1 I have never encountered a more troubling case. My co-counsel and I were formally invited to testify late last week and have attempted to assemble a comprehensive presentation of the facts in this case over the weekend. Each of our statements today will isolate different aspects of these facts. Like my colleagues, I wish to associate myself with their formal statements as part of our unified presentation. After discussing the charges and basic evidence in the case, my comments will focus on the areas previously identified by the Committee as the subject of today’s hearing. LT Matthew Freedus will then offer a detailed presentation of the facts in this case and the course of the investigation and prosecution. LT Robert Bailey will then detail the specific violations and abuses that have been identified and made part of the record. We understand that your time is limited and, with the consent of the Committee, we have submitted three formal statements. I apologize for the length but we find ourselves in the same position as Blaise Pascal when he apologized for the length of a letter because he lacked the time to write it shorter.2 Continue reading “Testimony in Senate Intelligence Committee on Abuses By Naval Intelligence and the Daniel King Case” →