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Can  a  President  force  Congress  to  recess?  (Constitution  news  round-up)

4/22/2020

 
Art II, Sec 3: Can a President force Congress to recess?  Yes / No
https://www.wsj.com/articles/yes-trump-can-close-congress-11587078119
+
https://www.theatlantic.com/ideas/archive/2020/04/flaw-presidents-newest-constitutional-argument/610153/

6A: Supreme Court requires unanimous jury verdicts for serious offenses in state prosecutions
https://news.bloomberglaw.com/white-collar-and-criminal-law/supreme-court-bolsters-unanimous-jury-rule-in-louisiana-case

4A: Michigan judge allows police to arrest and jail anyone suspected of coronavirus; order has blank line to fill in the person’s name.  Sure looks like an unconstitutional General Warrant.
https://www.wnd.com/2020/04/judge-cops-jail-anyone-suspected-sick-coronavirus/

1A Religion: New York appeals court rules a father cannot be compelled to conform to Hasidic Jewish norms during visitation with children
https://reason.com/2020/04/14/father-cant-be-ordered-to-comply-with-the-cultural-norms-of-hasidic-judaism-during-his-visitation-time-with-children/

1A Religion: “So help me God” in naturalization oath is not unconstitutional (1st Circuit)
http://media.ca1.uscourts.gov/pdf.opinions/18-2085P-01A.pdf

1A Religion: banning atheist group’s display at Texas state capitol showing Founders around a manger containing the Bill of Rights likely unconstitutional (5th Circuit)
http://www.ca5.uscourts.gov/opinions/pub/18/18-50610-CV0.pdf

6A: 6th Circuit orders new trial in Michigan murder conviction because witness who said the defendant pawned a ring belonging to the victim died before testimony and cross-examination (Confrontation Clause)
https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0108p-06.pdf

1A: Janus does not apply to a private organization funded by taxes and made up of municipal officials; their speech is ‘government speech’ (7th Circuit)
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D04-07/C:19-1349:J:Rovner:aut:T:fnOp:N:2498138:S:0

1A: Mississippi appeals court overturns conviction and 5-year sentence, strikes down underlying statute, in case of Facebook post accusing pastor of sexual misconduct
https://reason.com/2020/04/17/five-years-in-prison-for-posting-facebook-videos-accusing-pastor-of-sexual-misconduct/
 
1A: two high school seniors expelled and won’t be allowed to graduate for off-campus racially disparaging video using the n-word (yes, this is disgusting, but it is protected speech)
https://reason.com/2020/04/18/students-dont-shed-their-freedom-of-speech-at-the-schoolhouse-gate/
  • The same action would not likely have been taken had the video been about white ‘crackers’.  So why hand minorities special rights?  Let’s be clear: hate speech is protected by the First Amendment.  We cannot allow ourselves to be tyrannized by others’ hypersensitivities.
 
Free Expression: police department orders officers to start using preferred transgender pronouns (maybe justifiable on the job, but will discipline follow free expression off the job?)
https://dailycaller.com/2020/04/15/norfolk-police-department-transgender-rules-pronouns/
 
2A: pandemic-panicked gun-buying libs get angry when encountering their own gun control laws
https://www.redstate.com/kiradavis/2020/04/10/815520/
 
4A: limited use of automated license-plate readers does not on the facts presented constitute a ‘search’ under the Fourth Amendment
https://reason.com/2020/04/22/automated-license-plate-readers-the-mosaic-theory-and-the-fourth-amendment/

“To conclude that the general welfare clause authorizes endless transfers among various groups and individuals is literally to turn the Constitution upside down.” (Richard Epstein)
https://ricochet.com/744662/the-problem-with-common-good-constitutionalism/

Shame! Black activist does not believe in the inherent goodness of America - “I am too black for that”. This is an insult to every black who is glad they live in America, the greatest country the world has ever known. (h/t Dennis Prager)
https://www.nytimes.com/2020/04/15/opinion/sunday/climate-change-covid-economy.html

Kudos! to the 11-year-old boy who plays the Star-Spangled Banner on his trumpet every evening to cheer his neighbors during the pandemic. #InherentGoodness
https://www.westernjournal.com/every-day-little-boy-plays-star-spangled-banner-trumpet-give-neighbors-hope-pandemic/


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