Thursday, December 17, 2015

Posts for December 17, 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:

How Well Do You Know Your U.S. Supreme Court? [From Street Law, NCSS convention 2015]:

Constitutional Check: Will the Supreme Court clarify birthright citizenship? [Constitution Daily, 12/16/15]: Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, looks at a petition on its way to the Supreme about birthright citizenship for American Samoans.
This is a fascinating (and complicated) topic for students—and for everyone. Have students brainstorm what “citizenship” means and what rights/obligations it comes with. For example, in the movie and novel Starship Troopers, the society involved maintains that the rights of a full Citizen (to vote and hold public office) must be earned through voluntary Federal service. Those who do not perform this Service retain the rights of free speech, assembly, etc., but cannot vote or hold public office. Worth discussing.

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:

A do-over on D.C. gun law [SCOTUS blog, 12/16/15]: Reaching back seventy-eight years to find a limit on the Chief Justice’s power to assign visiting judges, the U.S. Court of Appeals for the District of Columbia Circuit on Tuesday wiped out a judge’s ruling on the scope of gun rights under the 2md Amendment. The ruling will require a new judge to conduct a new trial on the constitutionality of a District of Columbia gun law.

Obama admin. urges high court to reject marijuana lawsuit [AP, 12/16/15]: The Justice Department's top courtroom lawyer said in a brief filed Wednesday that the interstate dispute over a measure approved by Colorado voters in 2012 does not belong at the high court.

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:

The Fifth Republican Debate Ends In A Nine-Way Draw [538, 12/16/15]: The Republican debate in Las Vegas on Tuesday night had the feeling of a soccer match that ended in a nil-nil draw. It was a tactical and defensively minded affair, full of technically competent but predictable performances. The only candidates who broke form were those who didn’t have much to lose.
Fact checking the debate [NBC News, 12/16/15]::


10 Factors that will determine the next President [Sabato’s Crystal Ball, 12/17/15]: Here’s a thought experiment: What if Republicans nominated the 2012 version of Mitt Romney -- same fundraising, same baggage, same everything -- at their 2016 convention? What sort of odds would that candidate have in 2016?

Trump’s Biggest Obstacle [Sabato’s Crystal Ball, 12/17/15]: His actual level of support among likely Republican voters is too low.

At This Point, Would Any Republican Ever Leave the Party? [Justia, 12/17/15]: Professor Buchanan considers whether any Republican would ever leave the party in light of the increasingly extremist views of the influential party leaders. Buchanan concludes that it is highly unlikely, for a number of reasons, that even Donald Trump could drive away moderate Republicans from the GOP in any permanent sense. 

Calmatters: What happens when a legislator quits? [CalMatters, 12/16/15]: Shortly after the new year begins, Gov. Jerry Brown will declare a special election to fill a vacant spot in the Legislature. The election will cost Fresno County, one of the poorest areas of the state, more than $500,000. A small fraction of voters will likely participate, creating the potential that the seat flips parties or the winner does not reflect a heavily Latino, low-income population. 

Legislation and the Legislative Process (TOPIC 20)


Greenhut: Dems quash GOP teacher reform bills [San Diego U-Y, 12/16/15]: California Republicans are increasingly irrelevant in the Capitol given their small numbers and failure to champion many issues that resonate widely.

2,200 pages, $1.8 trillion, dead of night [Politico / Roll Call, 12/16/15]: What’s really in the year-end tax and spending bill?

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


The Best Reporting on Rape [The Marshall Project, 12/17/15]: The Marshall Project and Pro Publica offer a selection of the most important recent journalism on how police and society at large deal with this most invasive and misunderstood crime.

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:

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:

Japan high court upholds law requiring married couples to share surname [Jurist, 12/17/15]: The court held that the law was not discriminatory because the law allows the couples to choose which surname to use, even though it was shown that the majority of couples choose the husband's last name. The court found the law reflected the deep values of society and there was no need to change it. However the court held that another nineteenth century law requiring a divorced woman to wait at least six months before marriage was discriminatory and should be shortened to 100 days.

 

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