Posts for August 26, 2015
These are the posts that are accumulated in our
newsletter which goes out every 4-6 days during the school year. The posts are
organized by the major units in our Con Law (5th ed.) student textbook.
I.
Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5th edition of Constitutional
Law] Here are some recent articles that are relevant to
this unit:
What's the Difference? [Slate, 8/26/15]: How Sandra Day
O'Connor, Ruth Bader Ginsburg, and Sonia Sotomayor brought wisdom to the
Supreme Court.
People Born in the United States Are Properly
Citizens
[Justia, 8/26/15]: Professor Dorf discusses Donald Trump’s call to end birthright citizenship
as part of immigration reform. Dorf argues that birthright citizenship
implements widely shared and characteristically American values and that
curtailing it would be a huge step backwards.
The Many Bills of Rights [Gerard Magliocca in Concurring Opinions, 8/26/15]: One theme of my next book is that in the nineteenth century many texts
vied for the title of our national bill of rights. Thus, when you see
references to the Bill of Rights before the 1890s, you can’t be sure what
you’re seeing.
Also, see his post, “Why Wes There No Bill of Rights in the
Constitution?”:
II.
Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5th
edition of Constitutional Law] Here are recent articles that are
relevant to this unit:
Abortion and Down Syndrome [NY Times editorial, 8/215/15]: “It is tempting to dismiss the latest anti-choice salvo
from Ohio lawmakers, which would criminalize abortions based on a fetal
diagnosis of Down syndrome, as a blatantly unconstitutional ploy that would
never be enforced.”
The
American Presidency
[TOPIC 15]
Can the Supreme Court Force Congress
to Own the War on ISIS? [The Atlantic, 8/25/15]: Judicial intervention may be the only way left
to break the political impasse on authorizing Obama's use of force.
III. The Political System: Voting and
Campaigns [See TOPICS 16-20 in the 5th edition of Constitutional
Law] Here are some recent articles that are relevant to this unit:
Capitol Weekly's Top 100
list [Capitol Weekly, 8/26/15]:
Another Top 100 list is history. That odd sound you hear is our vast editorial
staff shrieking with joy as they collapse with exhaustion. What started out as
fun a few years ago has turned into hard work, but we think it’s worth it: The
rundown is more complete, more detailed and more representative of the state
power structure as we see it.
http://capitolweekly.net/top-100-1-50/
Immigration experts: Jeb
Bush had a point on ‘anchor babies’ [Politico,
8/25/15]: Jeb Bush seemingly stepped in it again with his remark this week
linking Asians to “anchor babies” — triggering another cycle of cringe-worthy
headlines on a topic he just can’t seem to get right.
http://www.politico.com/story/2015/08/immigration-experts-jeb-bush-had-a-point-on-anchor-babies-121744.html
Fairbanks: Bank of
Politics [Capitol Morning
Report, 8/26/15]: I think California should create a state-run bank for money
spent on politics. All state and local candidates and ballot initiative
campaigns would be required to use it for deposits and withdrawals. It wouldn't
be a separate brick and mortar facility, like Bank of America with its multiple
retail locations. Rather, transactions would be handled online.
http://www.capitolmr.com/article/?bank-of-politics
Legislation and the Legislative Process (TOPIC 20)
California bill would
close 'insidious' wage gap between men and women [Oak Trib, 8/25/15]: In an attempt to narrow
the "insidious wage gap" between men and women, the California
Legislature is on the verge of passing a stronger equal pay law that supporters
believe will be the toughest in the nation -- but some say still doesn't go far
enough.
IV. Criminal Law and Procedure (4th,
5th, 6th, and 8th amendments) [See TOPICS 21-28 in the 5th edition of Constitutional Law] Here are some recent
articles that are relevant to this unit
V. 1st
Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5th
edition of Constitutional Law] Here are
some recent articles that are relevant to this unit:
Topless in Times Square: a legal view [NY Times, 8/20/15]: The young women approach
tourists in Times Square and pose for photos, wearing nothing but a thong and a
feathered headdress, their bare
breasts painted with patriotic colors in a thin simulation of a bikini top.
Then they ask for a tip. Are they performance artists? Are they panhandlers?
And, perhaps most important, can the city move against them without violating
their right to free speech?
First Amendment News: Some Thoughts on Dissent [Concurring Opinions, 8/26/15]: Before the summer runs its course, I thought I’d do a
post on one of my favorite topics — dissent. So no news
this week, just some thoughts on dissent — and some lists of books, and songs,
and what have you.
VI. 14th
Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5th edition of Constitutional
Law]
Here are some recent articles that are relevant
to this unit:
Did Obergefell settle
the same-sex marriage issue? [SCOTUS blog, 8/26/15]: The state of Nebraska, arguing that
the Supreme Court’s June ruling opening the right to marry to same-sex couples
settled the issue nationwide, urged a federal appeals court on Tuesday to reopen that
state’s case and keep seven Nebraska couples from pursuing their case further
and seeking to recover the money they spent for their lawyers’ fees.
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