Reform – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Do We Need a Political Revolution? https://legacy.lawstreetmedia.com/blogs/politics-blog/need-political-revolution/ https://legacy.lawstreetmedia.com/blogs/politics-blog/need-political-revolution/#respond Wed, 24 Feb 2016 20:08:17 +0000 http://lawstreetmedia.com/?p=50699

A more realistic approach: reform.

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This is the first article in a two-part series about Lee Drutman’s plan for political reform. Click here to read the introduction. The second part gives a more in-depth look at his policy proposals and their potential consequences. 


In a recent paper, Lee Drutman, a Senior Fellow at the New America Foundation’s Political Reform program and professor at John Hopkins University, proposes a bold new plan to end government dysfunction. While he sees several structural issues with the American political system, he remains skeptical of the populist calls for reform, which are generally criticized as being utopian and unrealistic. Drutman’s ideas for reform are certainly interesting and worthy of discussion, but the context in which he talks about reform is equally as important.

Most, including Drutman, believe that significant structural reforms are needed to help get the government working again, but it’s worth questioning whether a populist upheaval is necessary. More to the point: do we need a political revolution?

Click here to read Lee Drutman’s paper, “Political Dynamism: A New Approach to Making Government Work Again”

Realism and Reform

Before laying out his proposals, Drutman first identifies the inherent challenge involved with reforming the American style of democracy–balancing a government of the people, by the people, and for the people with the need for expert policymakers. He notes that both of these principles, which he calls majority rule and technocracy, have their drawbacks and benefits. It is clearly important to have citizens involved in the government, but at the same time is is important to be realistic about their ability to act as informed voters. Most people don’t have the time to become an expert on every topic, which is why we have a representative democracy in the first place. But experts themselves can get too caught up in policies while losing touch with the needs of the American people. A balance would bring people into the political system to help them choose and empower the proper experts and policy entrepreneurs.

Most liberal visions of reform involve restraining the influence of lobbyists, interest groups, and money in order to end what many see as corruption and return politics to the people. On the conservative side is the desire to reduce the scope of government so that corrupt politicians can’t serve themselves. But Drutman sees both these visions as utopian and unrealistic.

Trying to remove interest groups and big business from the equation has proven to be nearly impossible, and doing so may even impede those who wish to lobby in the public interest. Getting rid of career politicians and stripping Congress of its resources only leads to inefficiency and cutting out “career politicians” makes it harder to create good policy.

Rather than seeking to limit the influence of outside interests or cut government resources, Drutman argues that reforms should try to empower from within. Instead of limiting the amount of dealmaking, maybe we should make more deals, but with everyone sitting at the table. As Drutman puts it, “The answer, in short, is more politics.”

An Uphill Battle

Drutman argues that his plan is the most realistic approach to fix politics, but the existence of polarization and inequality–the very same issues he seeks to resolve–makes his plan all the more challenging to accomplish. But that remains the case with any sort of reform, or in Congress’s current case, passing legislation to begin with.

After discussing the paper on Tuesday, Drutman revealed why he remains hopeful that Congress might consider a change. “You see this over and over again, when members of Congress retire the thing that they complain about is, ‘I spent all of my time raising money and it was no fun’,” he said. New programs like donor matching could actually make Congressmen enjoy their jobs more and feel better about their work. While it remains a tall order, doing so could be in the self-interest of politicians.

Click here to read the second part of the series that focuses on Drutman’s solutions.

Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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A Bold Plan to Fix Government Dysfunction https://legacy.lawstreetmedia.com/blogs/politics-blog/one-political-scientists-bold-plan-fix-government-dysfunction/ https://legacy.lawstreetmedia.com/blogs/politics-blog/one-political-scientists-bold-plan-fix-government-dysfunction/#respond Wed, 24 Feb 2016 20:07:18 +0000 http://lawstreetmedia.com/?p=50813

An approach to government reform that might actually work.

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"United States Capitol" courtesy of [John Sonderman via Flickr]

This is the second article in a two-part series about Lee Drutman’s plan for political reform. Click here to read the introduction. The first part looks at the debate between realism and reform and why Drutman sees his vision as the most practical approach. 


In his recent paper, Lee Drutman outlines three specific areas of the government that are in dire need of reform–namely, elections, lobbying, and Congressional structure. While Drutman acknowledges that his reforms may not solve all of America’s problems, they provide an important starting point to help make the government more dynamic and capable of responding to new challenges. Read on to see an overview of his plans to fix government dysfunction and empower public interest policymaking.

Click here to read Lee Drutman’s paper, “Political Dynamism: A New Approach to Making Government Work Again”

Reforming Elections

Drutman’s most ambitious reforms focus on Congressional elections and policies that can help increase voter participation and decrease the barriers for new viewpoints to enter the mainstream. To do so, he calls for two specific changes: creating multimember districts and a small donor matching program.

Most campaign finance reform agendas focus on either overturning the Citizens United Supreme Court decision, which allowed unlimited political spending from corporations and interests groups in the form of Super Pacs and independent expenditures, or passing a constitutional amendment with the same goal, both of which are unlikely. Instead, Drutman argues that we shouldn’t focus on restricting influence, rather we should seek to make it more equal with donor matching. Not only will matching promote more contact between candidates and voters, it will lower the barriers for new candidates to run for office, no longer restricted to people with fundraising connections.

Drutman’s plan for small donor matching is based on a program implemented in New York City, where donations under a certain amount receive a 6-to-1 match using public funds. The goal of the program is to put the influence of small donors on the same level as wealthy donors and increase candidates’ communication with voters. In his paper, Drutman provides a powerful illustration of how matching could lead to change:

Under the current system, members of Congress know if they go to a lobbyist-hosted fundraiser, they can pull in $10,000—enough to make it worth their time. By contrast, under the matching proposal, if a constituent can get 30 friends to each pledge $50, that’s $1,500. Then, with the 6-to-1 match, that’s another $9,000, bringing the total up to $10,500—better than the D.C. fundraiser.

In doing so, candidates would be much more interested in actually spending time with voters rather than big donors, as the financial benefits would be much more similar. In fact, existing donor matching and public financing projects have had that effect. In research on New York’s matching program, the Brennan Center for Justice concluded,

The city’s public financing system gives candidates an incentive to reach out to a broader and more diverse array of constituents to fund their campaigns. In so doing, the city’s public financing system appears to have achieved one of its key goals—strengthening the connections between public officials and their constituents.

While it is fair to criticize Drutman’s plan for not changing the role of Super Pacs and independent expenditures, which can take even larger donations, his plan would significantly impact campaign level fundraising.

The change to multimember districts is probably the most significant of Drutman’s proposed changes, but it could have a profound impact on political polarization. One of the biggest issues Drutman sees with our current electoral system is the fact that it has become largely uncompetitive–very few districts are contested in House elections and Senate elections, which involve voters across a state, are only marginally better. This leads him to conclude, “The United States is increasingly becoming two one-party nations, instead of a two-party nation,” meaning that both parties are largely safe within the areas that they currently control based on the natural placement of voters. There is little geographic overlap between voters in both parties.

Drutman’s idea of multimember districts is largely based on work from FairVote, a nonpartisan group seeking to increase the representativeness and fairness in American elections. According to FairVote, ranked choice voting for multi-winner elections would be an American form of proportional representation where any candidates who earn a minimum number of votes is elected. For voters, ranked choice voting is pretty simple–they rank as many candidates as they want in terms of their preference. Counting votes is a little more complicated, but it essentially ensures that all votes are properly distributed to pick the winners, eliminated wasted votes. For more details on the process behind it, you can watch Minnesota Public Radio’s explanatory video.

With a multimember district system that uses ranked choice voting, existing districts would expand to elect multiple representatives at once. When combined with small donor matching, multimember districts could allow a much wider range of potential candidates. The change may also allow for the rise of third party candidates who could not win in a winner-take-all style election, but could reach a vote threshold in larger, multimember districts.

Reforming Influence

Much like his plans to help alleviate issues with campaign finance, Drutman argues that in order to reform lobbying and influence in politics, we need to empower citizens and general welfare organizations. He focuses on expanding the role and resources of these general-interest welfare groups by creating a similar 6-to-1 matching program for “citizen lobbying” organizations. Drutman cites the balance of spending on lobbying, which overwhelmingly comes from businesses and their trade associations. In fact, there are very few groups that represent a wide range of public interest issues.

Drutman’s matching program would help direct money to rebalance lobbying spending and ensure that businesses aren’t the only interests represented on certain issues. Drutman also calls public defender style system for lobbying where public lobbyists would lobby on behalf of underrepresented constituencies in order to ensure that multiple viewpoints are always heard. While his reforms to the lobbying system are arguably his vaguest proposals, the general goal of ensuring that business interests are not the only people at the table when it comes to lobbying could have a notable impact on public policy and, importantly, the public’s perception of political influence.

Reforming Congressional Staffing and Organization

When it comes to Congress, Drutman sees two changes that would empower representatives to create new coalitions and develop better policies that serve the general welfare. First, Drutman would increase the funding available to Congressmen to pay their staff. On its face, this might seem like a ridiculous position–why would we simply want to pay staffers more money? But upon further review, Drutman argues that providing more resources to Congress is the best way to make it resist outside influence.

Drutman and Steve Teles wrote an article in Washington Monthly last year in which they introduced a new way to think about lobbying reform. The central idea behind this vision is, “Instead of trying to weaken the pressure of corporate money in Washington, let’s try strengthening Congress’s capacity to resist it.” By increasing staff salaries, Congress will lessen the influence of the so-called “revolving door,” where staffers work on Capitol Hill for a couple years and then move on to the more lucrative lobbying sector. As Drutman puts it, “Congress has become a farm league for K st.” But if staffers are able to earn more while working for Congress they will be less interested in going to work for big business.

Moreover, by limiting staff turnover and providing additional resources to policymakers, expert lobbyists will have less importance in the policy drafting process. Drutman, an expert on lobbying who wrote a book on the subject, argues that business of lobbying can often be misunderstood. Rather than simply providing campaign donations to Congressmen in order to get their desired policies enacted into law, the role of a lobbyist is more about providing expert advice to Congress. If Congress had more expertise of its own, the need for help from lobbyists would decrease significantly, particularly on arcane issues that directly impact big businesses. In a Q&A with Melinda Henneberger, the Editor-in-Cheif of Roll Call, Drutman laid out the alternatives:

Look, policy is going to get written–do you want it to be written by lobbiests who mostly represent the biggest companies and the wealtheist industries who are not particularly interested in the general welfare. Or do you want it written by staffers who work for democratically accountable members.

A prime example might be the case of financial regulation, where in certain cases lobbyists are essentially writing some of the legislation used the regulation the interests they represent.

Finally, Drutman says that Congress needs to be reorganized in order to prevent the top-down influence of the party leadership. He proposes a new way to decentralize power in Congress by empowering committees and subcommittees. Doing so would create new space for dealmaking and new crosscutting coalitions based on policy goals rather than partisanship. It will also encourage participation from a much wider range of representatives who could bring new viewpoints.

Will it work?

The major policy proposals endorsed by Drutman will clearly change the current state of politics, but it’s still worth questioning whether they will meet his ambitious goals of reducing political polarization and inequality. It is impossible to say for sure whether these policies will solve all of our problems in terms of equity and representation, and Drutman himself concedes that reforms are needed in other areas of the political system, but these policies make those goals more approachable. The underlying objective in each of Drutman’s reform proposals is to increase what he calls “political dynamism,” or the ability of Congress to effectively respond to new challenges with policies that promote the public interest.

Rather than espousing a utopian vision of politics or a narrowly tailored set of policy goals to restrict the outside influence, Drutman wants to realign policymaking to support common goals. He seeks to make government more accountable to each and every citizen while ensuring that Congress has the necessary expertise to govern effectively. So yes, it’s fair to question whether this will fix everything, but if the status quo is the alternative, taking steps to bring experts and the public into the policy process is certainly a laudable goal.

Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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Obama’s Clemencies Mark Symbolic Push for Prison Reform https://legacy.lawstreetmedia.com/blogs/crime/obamas-clemencies-mark-symbolic-push-for-prison-reform/ https://legacy.lawstreetmedia.com/blogs/crime/obamas-clemencies-mark-symbolic-push-for-prison-reform/#respond Sat, 18 Jul 2015 13:00:20 +0000 http://lawstreetmedia.wpengine.com/?p=45047

Obama grants clemency to 46 prisoners in a symbolic move toward reform.

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President Obama granted clemency to 46 federal prisoners convicted of nonviolent drug offenses on Monday, 14 of whom faced life sentences. This move comes amid a broader push for prison reform, in an attempt to fix issues like overcrowding and disparate minority prison populations–especially for nonviolent drug offenses. In a political atmosphere that is too often hyper-ideological and unproductive, criminal justice reform appears to be one arena where real change is happening.

President Obama has granted clemency to prisoners in the past, especially for drug-related offenses, and has made prison reform a sticking point of his presidency. Last year, the Department of Justice announced a new initiative that allows drug offenders to petition for a sentence reduction or clemency–an attempt to reflect modern sentencing practices. With the latest 46, Obama raises the total number of commutations during his presidency to 89. While some criticize Obama for not acting strongly enough on this issue, he has now granted the most commutations in the modern era. The inmates, who will be released by mid-November, are among more than 30,000 who have applied for clemency since the new initiative. Although very few of these cases will reach the President’s desk, the recent commutations mark an important step symbolically. As he approaches the last year of his presidency, President Obama’s executive actions have the power to shape the future of these issues.

There are a number of problems with the justice system that activists and politicians are currently working to address. The United States has an incarceration rate of  700 per 100,000 citizens, the highest of any nation including authoritarian countries like Russia and Cuba. Among the federal prison population, over half are serving for drug-related offenses and nearly three-fourths are nonviolent offenders with no history of violence. There is also a large racial disparity, with Blacks and Hispanics disproportionately represented in American prisons. A 2005 study by the Bureau of Justice Statistics found some troubling trends in recidivism. About two-thirds of released prisoners were arrested again within three years and three-quarters were arrested within five years.

President Obama is not the only one addressing criminal justice reform, as it is an issue that has generated strong bipartisan support. In 2014, the Justice Department reported the first decline in the federal prison population in 34 years. Former Attorney General Eric Holder attributed this change to new initiatives intended to improve sentencing fairness. Last year, the U.S. Sentencing Commission voted to reduce the penalties for most drug crimes and later made that change apply retroactively. High profile cases also highlight the need for reform, including that of Kalief Browder, a man who committed suicide after being wrongfully imprisoned for six years at Riker’s Island. As this issue rises into the public light, more and more people are calling for substantive reform.

In a political climate that is increasingly partisan, it often feels like there is no common ground that would allow for significant change. Prison reform is one issue with which Republicans and Democrats can cooperate and help people get their lives back, help prevent people from throwing their lives away, and save money that shouldn’t be spent on nonviolent criminals in the first place. In granting these prisoners clemency, President Obama sends a powerful message about his willingness to lead on this issue.

Maurin Mwombela
Maurin Mwombela is a member of the University of Pennsylvania class of 2017 and was a Law Street Media Fellow for the Summer 2015. He now blogs for Law Street, focusing on politics. Contact Maurin at staff@LawStreetMedia.com.

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The Case of Hannah Graham and the Myth of Stranger Danger https://legacy.lawstreetmedia.com/blogs/crime/why-cant-we-better-track-sex-offenders-pasts/ https://legacy.lawstreetmedia.com/blogs/crime/why-cant-we-better-track-sex-offenders-pasts/#comments Fri, 17 Oct 2014 18:18:05 +0000 http://lawstreetmedia.wpengine.com/?p=26083

On September 13 2014, 18-year-old University of Virginia student Hannah Graham went missing.

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On September 13 2014, 18-year-old University of Virginia student Hannah Graham went missing, and recently authorities arrested and charged 32-year-old Jesse L. Matthew Jr. in relation to the incident. His current charge is described as abduction with intent to defile in the case of Graham. (Intent to defile meaning he intended to sexually assault the victim.) Matthew is currently being held without bond and is scheduled for a hearing in early December. Unfortunately, after two weeks of searching, Graham has still not been found, but authorities are doing all they can to locate her.

This case is a tragedy and my heart goes out to Graham’s family and friends. One of the hardest things to understand in this case is recently surfaced reports alleging that Matthew has a history of sexual assault accusations, none of which ended in conviction. According to The Washington Post,

The alleged assaults occurred within an 11-month span from 2002 to 2003 as Jesse L. “LJ” Matthew Jr. moved from Liberty University in Lynchburg to Christopher Newport University in Newport News. Police investigated each report, but neither resulted in a criminal case, according to the Lynchburg prosecutor and a review of online court records in Newport News.

If the allegations of these cases from over a decade ago are true, and with minimal knowledge of the reasoning surrounding the dropped charges, it is hard not to wonder why Matthew got away with such crimes not once, but twice before harming another innocent young girl? These alleged incidents occurred while Matthew was a student attending university, and although legislation and public discourse surrounding campus sexual assault has been under the miscroscope in recent months, I cannot help but wonder how we can act to prevent this loophole?

This case is reminiscent of another sexual assault case with similar characteristics.  In 1996 Amie Zyla, an 8-year-old girl, was sexually molested and victimized by family friend Joshua Wade who was 14 years old at the time. Wade was adjudicated for a misdemeanor in juvenile court. Nine years later, Wade was convicted and sentenced to 25 years in prison for a series of sexual molestation cases involving the abuse of young children. This case caused huge controversy, and was the driving force behind expansions in the definition of sexual assault.

These two cases indicate the importance of people’s histories and backgrounds. We all make mistakes, and sometimes it is wrong for our privacy to be intruded upon, but with something like sexual assault cases — regardless of whether there has been a conviction — something about this needs to be mentioned. It doesn’t take a lot of common sense to understand how hard it can be to convict a perpetrator of sexual assault. There is often a lack of witnesses on top of fear and upset from the victim; with a case dependent on DNA testing, the odds are very slim. Just because cases may not be tried in court — like Matthew’s two alleged college incidents — it does not mean that they didn’t happen and are not warning signs for things to come.

The media has spent its energy publicizing Matthew’s past. This runs a risk of setting off stricter registration laws for sexual offenders, which have proven to do more harm than good. By broadcasting the background of a perpetrator who was in society seemingly living normally until his arrest for the disappearance of a young girl, I question whether the media is supporting the need to find Graham and bring her home safely, or whether it is striking the ‘stranger danger’ rape myth back into society?

Hannah Kaye
Hannah Kaye is originally from London, now living in New York. Recently graduated with an MA in criminal justice from John Jay College. Strong contenders for things she is most passionate about are bagels and cupcakes. Contact Hannah at staff@LawStreetMedia.com.

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The New Bipartisan Faces of Criminal Justice Reform https://legacy.lawstreetmedia.com/blogs/crime/new-bipartisan-faces-criminal-justice-reform/ https://legacy.lawstreetmedia.com/blogs/crime/new-bipartisan-faces-criminal-justice-reform/#comments Mon, 11 Aug 2014 15:31:33 +0000 http://lawstreetmedia.wpengine.com/?p=21490

You’d think that $68 billion would go a long way. According to the Justice Policy Institute, that is how much the United States spends on its criminal justice system every year – and we get what we pay for. The United States has only 5 percent of the world’s population, yet it claims 25 percent of the […]

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You’d think that $68 billion would go a long way. According to the Justice Policy Institute, that is how much the United States spends on its criminal justice system every year – and we get what we pay for. The United States has only 5 percent of the world’s population, yet it claims 25 percent of the world’s incarcerated population. This staggering number is among the reasons that bipartisanship may make a comeback in U.S. politics. Senators Cory Booker (D-NJ) and Rand Paul (R-KY) have partnered up to cosponsor the REDEEM Act in an effort to tackle the confused American criminal justice system.

What Does Criminal Justice Reform Look Like?

Booker and Paul’s REDEEM Act – short for the Record Expungement Designed to Enhance Employment Act of 2014 – is meant to restructure sentencing and incarceration in the United States. The bill’s name alludes to the sealing and expungement of criminal records, which are often obstacles in finding employment for ex-convicts.

The bill would allow nonviolent, adult offenders to “to petition a court and make their case” for sealing their criminal records, and for the automatic sealing and expungement of certain juvenile records. The legislation would also introduce additional reforms to the juvenile justice system and the food stamps program.

Why is the U.S. criminal justice system in such disarray? University of Michigan Professor Salomon Orellana claims that our two-party system is partly to blame. In a guest article in the Washington Post, Orellana says that “when both parties (in a two-party system) emphasize toughness it sends a message to the public that toughness is the only legitimate response to crime.” The Republican-Democratic split favors quick-fixes, and their “tough on crime” attitude is the quick-fix America that has been failing with for the past few decades.

Orellana references New Zealand’s shift from a two-party system to one with multiple political parties. He notes that media discussion of tough policies in response to crime were less prominent in the new system. He says, “Under the multiparty system, minor parties received much more attention and consequently a wider variety of positions emerged.” In the case of New Zealand, the debate was changed for the better.

Bipartisanship is, in a way, America’s own third party. Its efforts are rarely popular on the national level but gets a lot of media attention when it happens. However, it’s possible that the REDEEM Act, and criminal justice reform in general, will provide a good opportunity for Republicans and Democrats to work together. The bill’s aisle-crossing authors make such partnerships seem promising, and not just because they are of opposite parties.

Booker and Paul are both extremely popular. Senator Booker gained state-wide celebrity status and makes an effort to work with members of the GOP when possible. Senator Paul has the name recognition of his father, former Congressman Ron Paul, and made noise himself with a unique Republican stance and a legendary filibuster. Both are revered by young people and boast enormous twitter fanbases. As rising stars within their party their actions have received a lot of attention lately, particularly when they attempt to reach across the aisle.

What Should Criminal Justice Reform Sound Like?

Despite its bipartisan co-sponsorship, the REDEEM Act has not broken the “tough on crime” barrier just yet. In an interview with Politico, Booker and Paul sat together to discuss their partnership. Booker remarked that, “it’s no longer this juxtaposition between tough on crime and public safety… You can be tough on crime and lower recidivism rates by doing common sense things.” While Booker’s statement is relatively bold, he still holds onto what should be antiquated rhetoric.

Perpetuating the same discussion that fostered American mass incarceration is a mistake. It would be healthier to foster a political discussion that rejects “tough on crime” as a legitimate response to issues that handcuff our criminal justice system. Because such rhetoric antagonizes those without opportunity, a complete attitudinal shift is necessary.

Professor Michelle Alexander details the history of “tough on crime” policies and the state of mass incarceration in her book The New Jim Crow. Alexander argues that since Nixon, Democratic and Republican presidents alike have employed hard-line crime policies to incarcerate and marginalize blacks in America. If Booker and Paul are serious about reform, and if they truly consider it a civil rights issue, they will abandon the tough stance that perpetuates many of the issues in our criminal justice system.

Nevertheless, punitive measures do not need to be phased out. Nor would they be. As Orellana writes about multiparty New Zealand, “there were still calls for punishment and enforcement, but there were also calls for alternative solutions.” Rather than promoting “tough on crime” policies working with public safety initiatives, the conversation should demand a balance between fair incarceration and effective rehabilitation.

While the REDEEM Act would be a step in the right direction, the legislation and the discussion surrounding it both fall short. But if we consider the hostility with which our Congress “operates”, the passage of this bill would be a milestone for its authors and the U.S. criminal justice system.

Latest updates on the REDEEM Act:

Jake Ephros (@JakeEphros)

Featured image courtesy of [Gage Skidmore via Wikimedia and JD Lasica via Flickr]

Jake Ephros
Jake Ephros is a native of Montclair, New Jersey where he volunteered for political campaigns from a young age. He studies Political Science, Economics, and Philosophy at American University and looks forward to a career built around political activism, through journalism, organizing, or the government. Contact Jake at staff@LawStreetMedia.com.

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Privacy Board Calls NSA Eavesdropping Illegal https://legacy.lawstreetmedia.com/news/hello-is-that-you-nsa-privacy-board-calls-nsa-eavesdropping-illegal/ https://legacy.lawstreetmedia.com/news/hello-is-that-you-nsa-privacy-board-calls-nsa-eavesdropping-illegal/#respond Thu, 23 Jan 2014 18:37:01 +0000 http://lawstreetmedia.wpengine.com/?p=10933

One name has been making headlines around the country since June 2013. There have been many terms used to describe him, whether you see him as a traitor or a patriot, Edward Snowden has become a well known character within the United States. His name continues to circulate the news press this week, as the […]

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One name has been making headlines around the country since June 2013. There have been many terms used to describe him, whether you see him as a traitor or a patriot, Edward Snowden has become a well known character within the United States. His name continues to circulate the news press this week, as the government privacy board is set to release a report on Thursday January 23rd, saying that the National Security Agency’s wide spread collection of phone records, violates the law and should be shut down.  

Let us go back to the beginning, where this controversy first ignited. In June 2013, Snowden released the operations of the United State’s global surveillance program including the monitoring of both Internet and phone use of US citizens to The Washington Post and The Guardian. Rather than staying in the shadows and remaining anonymous, this whistleblower chose to take responsibility for his actions, saying, “my sole motive is to inform the public, as to which is done in their name.”

This leak of secret NSA documents spurred debate across the country. Just as Snowden had hoped, citizens have become more informed about governmental actions. American’s are now questioning the link between national security and privacy as well as wondering what else the government is going to great lengths to hide.

The NSA claims that they have the right to obtain phone records under section 215 of the Patriot Act, which states that it is within the power of the government to collect records that are relevant to terrorist investigations. However, pressure from the privacy board has caused key governing figures to question the constitutionality of this surveillance program, specifically in regards to phone monitoring.

Last Friday, President Obama announced his plan to change the system of the mass collection of phone records, shifting it from the hands of the government to a private company such as AT&T or Verizon. Along with a possible shift in power, Obama suggested a requirement of approval from the courts in order to obtain records. While the President did explain these future reforms, he maintained the idea that the government should have access to phone records if needed. Not everyone is satisfied with these changes and some would like to see an end put to the phone surveillance program completely.

The New York Times and the Washington Post have obtained the 238 page report by the Privacy and Civil Liberties Oversight Board, which has not yet been released. The report calls to shut down the mass collection of phone records previously exposed by Edward Snowden. The Privacy and Liberties board in charge of protecting the privacy rights of the citizenry, admits that the program has not prevented any terrorist attacks and instead, has infringed upon the privacy of American citizens. The board further opposes the protection of the program under Section 215 of the Patriot Act, which grants the government the power to use phone records in order to obtain relevant information. The privacy board argues that it is not possible to obtain only relevant information when using a tool that allows unlimited access to phone content.

The board further states that the NSA phone program is questionable in regards to both the first and fourth amendments. They turned to the 1979 ruling of the Supreme Court, stating that the police do not need a warrant to search through phone numbers or call durations. However, the board points to the fact that the surveillance being done today is on a mass scale, and is not comparable to the specific cases investigated by police.

Whether the NSA phone program will come to a complete end in the near future is not known at this time. It can be seen that there is current pressure being put on the government, in order, to make the program less intrusive on private citizens. I agree that the program must be altered, as it can be considered harmful to freedom of speech. The conversations that we have over the phone are of our own choice, which should be respected by the government. On the other hand, I do agree that if the security of our nation is being threatened based on a phone call, it is within the best interest of the public for the government to intervene. It seems that the best solution would be for the government to focus on the threatening situations at hand rather than eavesdropping on where my friends and I are meeting for lunch.

[Time] [Nationaljournal] [Theguardian] [Politico]

Taylor Garre (@TaylorLynn13)

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Taylor Garre
Taylor Garre is a student at Fordham University and formerly an intern at Law Street Media. Contact Taylor at staff@LawStreetMedia.com.

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John McCain Pushing for Immigration Reform https://legacy.lawstreetmedia.com/news/john-mccain-making-the-push-for-immigration-reform/ https://legacy.lawstreetmedia.com/news/john-mccain-making-the-push-for-immigration-reform/#respond Wed, 31 Jul 2013 16:23:47 +0000 http://lawstreetmedia.wpengine.com/?p=3184

Although it has already passed the Senate, Sen. John McCain (R-Ariz.) says there is still a lot of work left to do in order to sell the immigration reform bill that he co-authored. At an event hosted by the AFL-CIO, McCain announced that he will be traveling all over Arizona speaking with groups in the influential […]

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Although it has already passed the Senate, Sen. John McCain (R-Ariz.) says there is still a lot of work left to do in order to sell the immigration reform bill that he co-authored.

At an event hosted by the AFL-CIO, McCain announced that he will be traveling all over Arizona speaking with groups in the influential coalition of Latino organizations, evangelicals and business leaders who want to see reform passed.

“So far — I have to give you some straight talk — we haven’t done as effective a job as we’re going to have to between now and the spring,” McCain said while addressing his constituents in an attempt to gain support for the bill.

[Huffington Post]

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Davis Truslow
Davis Truslow is a founding member of Law Street Media and a graduate of The George Washington University. Contact Davis at staff@LawStreetMedia.com.

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