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You searched for: Content Type Policy Brief Remove constraint Content Type: Policy Brief Publishing Institution American Enterprise Institute for Public Policy Research Remove constraint Publishing Institution: American Enterprise Institute for Public Policy Research Political Geography Washington Remove constraint Political Geography: Washington Topic Civil Society Remove constraint Topic: Civil Society
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  • Author: James Q. Wilson
  • Publication Date: 08-2006
  • Content Type: Policy Brief
  • Institution: American Enterprise Institute for Public Policy Research
  • Abstract: Federal district court Judge Anna Diggs Taylor has ruled that the warrantless interception of telephone and Internet calls between a foreign agent and American persons is illegal and unconstitutional. It is possible that she is right about the illegality, but she is almost surely wrong that it is unconstitutional. The government has appealed this decision to the Sixth Circuit. No one can say what it will decide, although other appeals courts have tolerated such surveillance. Ultimately the Supreme Court will have to decide the matter. The Constitutional arguments against the surveillance are unpersuasive. A Washington Post editorial dismissed them as “throat clearing.” Judge Taylor refers to the free speech provision of the First Amendment but fails to explain how listening to a conversation or reading e-mail abridges anyone's right to speak. Taken literally, a Constitutional ban on intercepts would make it impossible to overhear the mafia plotting murders or business executives fixing prices.
  • Topic: Civil Society, Human Rights, Politics
  • Political Geography: United States, Washington
  • Author: Edward Blum, Roger Clegg, Abigail Thernstrom
  • Publication Date: 01-2006
  • Content Type: Policy Brief
  • Institution: American Enterprise Institute for Public Policy Research
  • Abstract: Government memos leaked to the press are nothing new in Washington, yet they can still command a front-page, above-the-fold headline. The latest came on December 2, 2005, when the Washington Post trumpeted, “Justice Staff Saw Texas Districting as Illegal; Voting Rights Finding on Map Pushed by DeLay Was Overruled.” (Part of this story was recycled by the Post on Monday, January 23, in another front-page, above-the-fold story.) The story that followed loosely described the contents of a 2003 internal Department of Justice memo written by career staffers in the voting section of the civil-rights division. Those staffers—five lawyers and two analysts—had concluded that the Congressional redistricting plan Texas had recently submitted to them for approval was in violation of the 1965 Voting Rights Act because it “retrogressed”—or, more simply, “diminished”—the electoral position of blacks and Hispanics. Then attorney general John Ashcroft and the political appointees in the civil-rights division—as well as, incidentally, a career lawyer higher in the chain of command (a fact that the Post failed to note)—rejected the memo's findings and allowed Texas to implement the new plan.
  • Topic: Civil Society, Government, Politics
  • Political Geography: United States, Washington