Review Questions

What is the Guarantee Clause? Did the court in Baker overturn the decision concerning the use of the Guarntee Clause that was established in Colegrove? What was the courts decision in Baker?

How did Nixon define the word "try," and did the court agree?

Did the court provide Marbury a remedy? Explain why or why not

What is the differance between mootness and ripeness?

Which of the limits placed on the court was significant in McCardle?

Review Session

Hey guys, please enter any questions you have regarding the quiz in the comments section of this post and I will do my best to help you. Thanks.

-Hima

Army officer won't ship out, faces court martial

Lt. Ehren Watada refused to go to Iraq because he feels that the war is immoral and illegal. In addition, he has spoken out against the war on several occasions: "As the order to take part in an illegal act is ultimately unlawful as well, I must as an officer of honor and integrity refuse that order." Watada's attorney argued that his speech was protect and that the war violated army regulations which state that wars must adhere to the United Nations charter. However, the military judge rejected both arguments.

http://www.cnn.com/2007/US/02/05/war.objector.ap/index.html

First and Fourth Amendment Issue

In 2002 Thomas Leonard cursed while addressing a township meeting. The township officer arrested Mr. Leonard for the use of profanity. A lower court held that the officer was justified in arresting Mr. Leonard. However, the 6th US Circut Court of Appeals reversed the lower courts decision saying that the officers actions were not justified because Mr. Leonard did not pose a threat. Later on, Mr. Leonard sued claiming that his First and Fourth Amendment Rights were violated. However, the US. District Court held that the officer did have probable cause; so the charges were dropped. Mr. Leonard's attorney is working on an appeal to the Supreme Court.

http://www.cnn.com/2007/LAW/02/02/Profanity.arrest.ap/index.html

Senate Investigates Firing of DOJ Lawyers

Required for Internship Class (Read WP Article).

A controversy has been brewing about the Justice Department's firing of several U.S. Attorneys. Democrats are alleging that AG Gonzales and the DOJ has replaced veteran U.S. Attorneys with Bush political supporters. The Washington Post referred to:

an escalating confrontation between the Justice Department and Senate Democrats over a wave of firings of U.S. attorneys, including six who were notified by Justice officials in December that they would be asked to step aside. The seventh, former U.S. attorney Ed Cummins of Little Rock, has said that he was asked to leave last year in order to give the job to Griffin, who previously worked for Rove and for the Republican National Committee.

US to Issue New Charges Against Hamdan & Others

Required for Con Law Students (Read Jurist Summary)

In one of our next classes we will discuss the Supreme Court's Hamdan decision. US military officials announced this week that they are filing new charges against Hamdan and several other Guantanamo detainees including an Australian and a Canadian. See this Jurist summary. Also, see the media reaction to the announcement in Australia and Canada. To take action on Guantanamo related issues see:

The Center for Constitutional Rights

Senators Demand Arar Investigation

Required for Con Law Students (Read Toronto Star Report).

On the first day of class I referred to the Arar case. Recall that Arar is a Canadian citizen who was detained by US officials at JFK airport and then flown to Syria where he was tortured for months. He has since been released without charges and Canada has cleared him of any ties to terrorist groups. The Toronto Star reported that :

The chair of a key Senate committee says he will ask the investigative arm of Congress to probe why Maher Arar remains on a U.S. terror watch list. Democrat Patrick Leahy of Vermont said he would direct the Government Accountability Office, the independent watchdog of Congress, to expand its ongoing probe of why names erroneously appear on watch lists to look into the case of Arar.... Leahy and Arlen Specter of Pennsylvania, the ranking Republican on the Senate judiciary committee, met reporters yesterday after a promised briefing by U.S. justice officials. Both said they left the meeting with more questions than answers, but refused to respond when asked if they believed Arar constituted a threat to the U.S. and should remain on the list.

To take action on these issues check these websites:

Amnesty International USA
Human Rights First

For more see this Jurist summary.