TUESDAY CLASS
LEARNING TARGET: Do we need an equal rights amendment for women?
* CURRENT EVENTS: How does the capture of the Boston Marathon bomber illustrate the controversy that can surround the application of the "public safety exception" to the general requirements of the MIRANDA warnings?
* CURRENT EVENTS: How does the capture of the Boston Marathon bomber illustrate the controversy that can surround the application of the "public safety exception" to the general requirements of the MIRANDA warnings?
homework: Moot Court arguments the week of May 13-17
book and film "Lincoln":
* Abraham Lincoln was the first President to confront a situation involving the so-called "emergency powers" of the chief executive. The language is very broad in the Constitution, and he had no precedents to rely upon. The film delineates the dilemma this posed for him.
* For Congress and the President, the film delineates the uncharted territory involving its authority to act in an area defined under the Constitution as a matter of state power prior to the adoption of the 14th Amendment, which as we have seen expanded the reach of federal authority.
* Finally, the film suggests one of the difficulties in applying the concept of the rule of law in uncharted situations.
* After Lincoln's death, there was a backlash against executive authority by both Congress and the Supreme Court; for the next 35 years the Presidency reached the nadir of its historical authority, not beginning to re-emerge until the Presidency of Theodore Roosevelt at the turn of the 20th century.
* Although the film doesn't deal with it, the Lincoln Presidency also represented the first time in history that international law was successfully used -- in two instances -- to resolve two Civil War-based controversies. We will explore this more fully when we look at the emergence of international law and international courts later in the course.
book and film "Lincoln":
* Abraham Lincoln was the first President to confront a situation involving the so-called "emergency powers" of the chief executive. The language is very broad in the Constitution, and he had no precedents to rely upon. The film delineates the dilemma this posed for him.
* For Congress and the President, the film delineates the uncharted territory involving its authority to act in an area defined under the Constitution as a matter of state power prior to the adoption of the 14th Amendment, which as we have seen expanded the reach of federal authority.
* Finally, the film suggests one of the difficulties in applying the concept of the rule of law in uncharted situations.
* After Lincoln's death, there was a backlash against executive authority by both Congress and the Supreme Court; for the next 35 years the Presidency reached the nadir of its historical authority, not beginning to re-emerge until the Presidency of Theodore Roosevelt at the turn of the 20th century.
* Although the film doesn't deal with it, the Lincoln Presidency also represented the first time in history that international law was successfully used -- in two instances -- to resolve two Civil War-based controversies. We will explore this more fully when we look at the emergence of international law and international courts later in the course.