Balkinization

In his new book, Eric Lichtblau accuses Rep. Jane Harman of having supported the NSA wiretapping program until it was revealed, and then hypocritically opposing it thereafter. In defense, Harman gives this story, which sounds plausible:

1. She and seven other members of Congress were told the basic outlines of the program.

2. They were instructed that they could not tell anyone else -- including their staffs and other members of Congress.

3. They were assured by the Administration that the program "complied with the law and that the senior-most officials in the Justice Department conducted a full legal review every 45-60 days."

4. "The Gang of Eight was not told – nor did it occur to me – that the Administration was violating FISA, despite Congress’ clear legislative intent when FISA was passed that it was the 'exclusive means' for monitoring the communications of Americans connected to foreign intelligence."

5. When the New York Times broke the story, Harman "was finally free to consult constitutional experts on the legal issues it raised. My call to a former CIA general counsel that Saturday provided the first inkling that the program was in not compliance with FISA but was ...   more »

Balkinization

[Type the first couple of paragraphs of your post here.]

After some time of living in China, I have still not made it to Tibet, but I have a clear picture of the place in my mind. Maybe it was the 'Save Tibet' concert I went to college, but the image (one that I think I share with many Americans) intertwine mountains landscapes with elaborate monasteries and serene, saffron-robed monks.

In China's eyes, those monks and monasteries are much more subversive. Freedom of religion is guaranteed in China's current constitution, but the country's government has long sought to manage religious worship in the country, seeing it more often as a potential threat than as a right to be protected.

Their suspicion comes with a good deal of historical precedent--there have been a number of significant religious uprisings in China's past. A Taoist insurrection, for example, led by a group known as the "Yellow Turbans" contributed to the fall of the Han Dynasty. The Taiping Rebellion, led by a man who claimed to be the son of God in a unique interpretation of Christian tradition, took place just over a century ago, temporarily taking control of a swath of Southern ...   more »

Balkinization

Because of Jack's recent posts on living constitutionalism this might be viewed as a response, but I don’t mean it that way. His posts have been a wonderful and much-needed contribution to our understanding of living constitutionalism. I am recommending them to my students.

I have been thinking about how to define a “strong”, “robust” or “hard core” version of living constitutionalism in order to distinguish it in a clear way from opposing views. This is difficult if living constitutionalism is defined in a watered-down way that makes it too easy for most (not all!) to nod heads and agree that the judiciary has adapted the often vague text of the Constitution to changing historical circumstances.

Hard core living constitutionalism means the Constitution and constitutional change should be described, explained, interpreted, and justified in a fully historicized way. Properly understood, living constitutionalism is a full context sport. Let’s take interpretation, since in the DC gun case oral argument we had an outstanding example of undead constitutionalism, the kind that doesn’t live but talks. When interpreting the text or a principle, concept or institution (such as federalism, separation of powers, sovereignty) we first ask whether the context in which that ...   more »

DownWithTyranny!

Today's NY Daily News revealed that some of the 66 lobbyists driving the Double Talk Express have made close to a million dollars lobbying for a notorious predatory lender, Ameriquest, which lured people into unsustainable mortgages. McCain doesn't blame Ameriquest or his lobbyist pals-- one his chief liaison to Congress (John Green) and the other is his national finance co-chairman (Wayne Berman). Instead he blames the victims, calling them irresponsible and trying to paint them as somehow morally deficient and undeserving of society's help as they lose their homes. Of course, McCain himself has voted for every single piece of legislation that has wrecked a regulatory system that could have and should have prevented the business practices that led to this-- and those votes are paying off big time as scores of lobbyists he has helped flock to his campaign.

When Sen. John McCain addressed the nation's burgeoning mortgage mess last week, he insisted it was time for a little "straight talk."

"I will not play election-year politics with the housing crisis," the GOP presidential hopeful insisted while unveiling his plan, which many have since described as friendlier to the mortgage ...   more »

BBC News | Americas | World Edition

Colombia condemns "an incursion by an Ecuadorian military helicopter" which it says took place on Sunday.

URL: BBC News | Americas | World Edition

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BBC News | Americas | World Edition

US film director Jules Dassin, maker of Never on Sunday, dies aged 96 in his adopted homeland of Greece.

URL: BBC News | Americas | World Edition

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